CITY OF GLENDORA
CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MARCH 28, 2023
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
Gary Boyer, District 3
MAYOR PRO TEM/VICE-CHAIR
Mendell Thompson, District 5
COUNCIL/COMMISSIONERS
Michael Allawos, District 1
Karen Davis, District 4
David Fredendall, District 2
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 as early as 5:00 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: 3/28/2023 / Packet Page #: 1
CITY OF GLENDORA
CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MARCH 28, 2023
COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
6:00 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY GIVEN that Closed Session business will commence at 18:03 P.P., 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code §54956.8, enable the City Council and Housing Authority to consider negotiations with Paul Rodriguez, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding that certain real property 1762 Dale Road, APN 8631-013-023. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property
INVOCATION AND PLEDGE OF ALLEGIANCE
In permitting a nonsectarian invocation, the City does not intend to proselytize, advance, or disparage any faith or belief. Neither the City nor the City Council endorses any particular belief or form of invocation. Invocation
Pledge of Allegiance
STUDENT REPORTS
Student Reports are presented by representatives from of Charter Oak, Glendora, St Lucy’s Priory and Whitcombe High Schools. Presentations are made the fourth Tuesday of each month from September to April.
2. Presentation of High School Student Representative Report
REORDERING OF AND ADDITIONS TO THE AGENDA
Meeting Date: 3/28/2023 / Packet Page #: 2
PUBLIC COMMENT
Three (3) Minute speaking time limit, speaking once, unless upon motion, such time is extended by the legislative body.
Any person may request to address a legislative body during a public meeting. Speakers are limited to three (3) minutes, speaking once, on both on- and off- agenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items.
Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.
To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
3. Public Comments received
MEMBER STATEMENTS/REPORTS
CITY MANAGER AND CITY ATTORNEY STATEMENTS
SPECIAL ITEMS
4. Recognition of Glendora Youth Basketball All-Star Teams for winning the San Gabriel Valley Southern California Municipal Athletic Federation (SGV SCMAF) Tournament
5. Alleyway update for March 2023
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. Continuance of a Public Hearing to Consider a Resolution Amending the Master Schedule of Fees for Fiscal Year 2022-23 Relating to Outdoor Dining (Continued from the March 14, 2023 City Council meeting)
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, "A RESOLUTION
OF THE CITY COUNCIL AMENDING THE MASTER SCHEDULE OF FEES FOR FISCAL YEAR 2022-2023 RELATING TO OUTDOOR DINING".
7. An Ordinance of the City of Glendora adding Chapter 2.05 to Title 2 of the City of Glendora Municipal Code to include a "Sunshine" Provision to increase transparency and accountability in Government Operations (Strategic Plan Item 27-EMO)
CITY RECOMMENDATION: 1. Consider and provide direction to staff on the proposed Open Government Ordinance to improve openness and transparency in Glendora municipal government through the establishment of new local standards to supplement the provisions of the Ralph M. Brown Act and the Public Records Act; and, 2. If desired, introduce for first reading an Ordinance of the City Council entitled “AN ORDINANCE OF THE CITY
COUNCIL, AMENDING THE GLENDORA MUNICIPAL CODE BY ADDING CHAPTER
2.05, SUNSHINE ORDINANCE TO TITLE 2 OF THE CITY OF GLENDORA MUNICIPAL CODE TO INCLUDE A “SUNSHINE” PROVISION TO INCREASE TRANSPARENCY
AND ACCOUNTABILITY IN GOVERNMENT OPERATIONS AND ESTABLISHING LOCAL STANDARDS TO ENSURE PUBLIC ACCESS TO PUBLIC MEETINGS.” Meeting Date: 3/28/2023 / Packet Page #: 3
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. Affirm Minutes from March 9, 2023 Special Meeting and March 14, 2023 Regular Joint Meeting
CITY/AGENCY/AUTHORITY RECOMMENDATION: 1. Affirm minutes as presented.
9. City of Glendora and Glendora Successor Agency Investment Report for February 2023 CITY/AGENCY RECOMMENDATION: 1. Receive and file the Monthly Investment Activity Report for February 2023.
10. Glendora Housing Authority Annual Report for Fiscal Year 2021-2022 CITY/AUTHORITY RECOMMENDATION: 1. Receive and file the annual report; and 2.
Direct staff to forward report to the California Department of Housing and Community Development
11. Consideration of a Resolution of the City Council of the City of Glendora Approving Application for Measure A Annual Allocation funds as it relates to Louie Pompei Memorial Sports Park Shade Structure Project (Strategic Plan Item 48-IMCIF & 49-IMCIF) CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled “A RESOLUTION
OF THE CITY COUNCIL APPROVING THE FILING OF AN APPLICATION FOR GRANT
FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT FOR MEASURE A FUNDING FOR THE LOUIE POMPEI MEMORIAL SPORTS PARK SHADE STRUCTURES” as it relates to the Louie Pompei Memorial Sports Park Shade Structure Project.
12. Award the contract to Superior Pavement Markings, Inc. for as-needed signing and striping maintenance and repair services in the amount of $40,524 per year for three years (Strategic Plan Item 49-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 Superior Pavement Markings, Inc. for as-needed signing and striping maintenance and repair services in the amount of $40,524 with a 10% contingency in the amount of $4,052 for a total amount of $44,576 per year; 3. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes; and 4.
Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.
Meeting Date: 3/28/2023 / Packet Page #: 4
13. Accept irrevocable offers of the easement dedication grant to the City and adopt a resolution accepting the easement for public pedestrian purposes at 1308 S. Lone Hills Ave, Glendora (APN: 8642-021-001)
CITY RECOMMENDATION: 1. Accept the offers of the easement dedication grant to the City for public pedestrian purposes at 1308 S. Lone Hills Ave, Glendora (APN: 8642-021-001); 2.
Authorize the City Clerk to sign the Certificate of Acceptance; 3. Authorize the City Clerk to transmit documents to County of Los Angeles, Office of County Recorder for recording purposes; and 4. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL ACCEPTING CPA 9, L.P. ’S IRREVOCABLE OFFER OF AN EASEMENT DEDICATION FOR PUBLIC PEDESTRIAN PURPOSES (APN 8642-021-001)”.
14. Notice of Completion for Saint Vladimir Street, Cossacks Place and Lawford Street, Water and Street Improvement, and Sidewalk Installation - Plan No. 1328 (Strategic Plan Item 46 - IMCIF)
CITY RECOMMENDATION: 1. Accept and Approve the Notice of Completion of Saint Vladimir Street, Cossacks Place and Lawford Street, Water and Street Improvement, and Sidewalk Installation - Plan No. 1328 by Dominguez General Engineering, Inc.; and 2.
Authorize the Mayor to sign the Notice of Completion for recordation.
MEMBER AGENDA ITEMS
15. Update on the City Council recruitment of the 2023 Boards and Commissions Offices with Terms Expiring June 30, 2023
CITY RECOMMENDATION: 1. Review current applications and provide direction to staff on the next steps.
16. Continued Discussion Regarding Current Codes/Policies and Research on Regulation and Promotion of Public Art (PLN23-006)
CITY RECOMMENDATION: 1. Receive and file the report; and 2. Provide direction to staff on a draft ordinance and/or policies relating to establishment of a public art program, specifically standards/guidelines, art requirement for new developments (and in-lieu fee), establishment of an art fund, and a local artist directory.
17. Antique Streetlights Assessment District Establishment and Project Update CITY RECOMMENDATION: 1. Receive an update on the Antique Street Light project; and 2.
Provide direction to City Staff.
NEW BUSINESS
18. Annual Comprehensive Financial Report for Fiscal Year ended June 30, 2022 CITY/AGENCY RECOMMENDATION: 1. Receive and file the Annual Comprehensive Financial Report for fiscal year ending June 30, 2022.
Meeting Date: 3/28/2023 / Packet Page #: 5
19. Annual General Plan Progress Report and Housing Element Implementation Annual Progress Report
CITY RECOMMENDATION: 1. Receive and file the General Plan Annual Progress Report and the Housing Element Implementation Annual Progress Report; and 2. Authorize staff to file the reports with the State of California Department of Housing and Community Development.
20. Approval of Business Improvement District FY 2023-2024 Annual Report and Consideration of a Resolution Announcing Intentions to Levy and Collect Assessments for Fiscal Year 2023- 2024 for the Glendora Village Business Improvement District CITY RECOMMENDATION: 1. Approve the FY 2023-2024 Business Improvement District Annual Report; and 2. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE
CITY COUNCIL ANNOUNCING INTENTIONS TO LEVY AND COLLECT
ASSESSMENTS FOR THE FISCAL YEAR 2023-2024 FOR THE GLENDORA VILLAGE
BUSINESS IMPROVEMENT DISTRICT AS PERMITTED BY THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 (CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 36500 ET SEQ)."
MEMBER/STAFF CLOSING COMMENTS
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Glendora City Hall bulletin board at 116 E. Foothill Boulevard and on the City of Glendora website at www.cityofglendora.org not less than 72 hours prior to the meeting in accordance with Government Code Section 54954.2.
Dated: March 23, 2023
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 3/28/2023 / Packet Page #: 6
Alleyway Update
Police Department
City Council Meeting
March 28, 2023
Marc Archibald, Support Services Supervisor CityOfGlendora.org Item #5. Page 1
Meeting Date: 3/28/2023 / Packet Page #: 7
2 GLENDORA MUNICIPAL CODE
10.12.100 Alley Way Parking
Ø Alley ways are for temporary loading and unloading of vehicles; not to exceed 20 minutes.
Ø Vehicles parked in the alley ways must leave at least 10 feet of clearance for vehicles to pass, regardless of time parked.
Ø Some alley ways in the City are exempt from this restriction, if approved by the Traffic Safety Advisory Committee.
Ø Alley ways are subject to the early morning parking restrictions.
Ø Annual parking permits, granted under the Glendora Municipal Code, are not permitted to be issued for vehicles parked in the alley ways.
Item #5. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 8
COMMUNITY PRESERVATION/CODE ENFORCEMENT
3 Ø Between February 2022 and February 2023, the Glendora Police Department’s Community Preservation Bureau investigated and closed approximately 1,600 cases throughout the city.
Ø In that same window, 30 cases involving the alley ways were investigated and closed; approximately 1.9% of all cases.
Ø Of the 30 cases, 29 were for off-street parking and one was for illegal storage.
Ø Between the distribution of the initial alley way letter in September 2021, and the follow up flyer in June 2022, the alley ways have improved greatly.
Item #5. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 9
COMMUNITY PRESERVATION/CODE ENFORCEMENT
4 Ø The Glendora Police Department’s two Community Preservation Officers, commonly known as Code Enforcement Officers, proactively patrol the alley ways approximately two hours each week. Between both officers, approximately 90% of all alleys in the city are patrolled in a month.
Ø Given their caseload, they have been tasked with ensuring all alley ways in the city are patrolled twice a month.
Item #5. Page 4
Meeting Date: 3/28/2023 / Packet Page #: 10
COMMUNITY PRESERVATION/CODE ENFORCEMENT
5 The Community Preservation Mission
The mission of the Glendora Police Department Community Preservation Division is to ensure municipal code compliance using a public safety perspective.
Example of Safety-Oriented HighPriority CaseExample of a Lower Priority Case Item #5. Page 5
Meeting Date: 3/28/2023 / Packet Page #: 11
COMMUNITY PRESERVATION/CODE ENFORCEMENT
6 What are top issues Code Enforcement actively looks for in their daily patrols? (listed by priority):
1. Bulky items, tents and storage of personal property in city pathways, sidewalks, passageways, parks, and other city property. GMC 9.20.100
2. Vacant properties, deteriorated paint, trash, debris. GMC 9.36.010(2)
3. Illegal storage of waste, garbage cans, dumpsters. GMC 9.36.010(6)
4. RV's or trailers parking/storage. GMC 19.20.150
5. Dead, diseased, dry or overgrown vegetation. GMC 9.36.010(3)
6. Inoperable vehicles. GMC 9.36.010(5)
7. Parking on unpaved surfaces. GMC 9.36.010(4)
Item #5. Page 6
Meeting Date: 3/28/2023 / Packet Page #: 12
ADMINISTRATIVE CITATIONS
7 Administrative citations are an additional tool that may be utilized to gain compliance.
Used pursuant to a violation of the GMC and compliance is not being met through verbal communication and/or correction notices.
Ø 1
st offense: $100 for each violation.
Ø 2
nd offense: $200 for each violation within one year from the first violation.
Ø 3
rd offense: $500 for each violation within one year from the first violation.
Ø 4
th offense: Misdemeanor filed with the court, that typically carry a maximum fine of $1,000 and a County Jail term of one year or less.
Item #5. Page 7
Meeting Date: 3/28/2023 / Packet Page #: 13
NEED ASSISTANCE?
8 Contacting Community Preservation/Code Enforcement is easy! Direct Contact
Call 626.914.8825 or email [email protected] After Hours
Call the Glendora Police Department’s non-emergency dispatch line at 626.914.8297
City of Glendora Website
www.cityofglendora.org
Item #5. Page 8
Meeting Date: 3/28/2023 / Packet Page #: 14
NEED ASSISTANCE?
9 Item #5. Page 9
Meeting Date: 3/28/2023 / Packet Page #: 15
NEED ASSISTANCE?
10 Item #5. Page 10
Meeting Date: 3/28/2023 / Packet Page #: 16
11 Thank you!
Item #5. Page 11
Meeting Date: 3/28/2023 / Packet Page #: 17
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: CONTINUANCE OF A PUBLIC HEARING TO CONSIDER A RESOLUTION AMENDING THE MASTER SCHEDULE OF FEES FOR FISCAL YEAR 2022-23 RELATING TO OUTDOOR DINING (CONTINUED FROM THE MARCH 14, 2023 CITY COUNCIL MEETING)
RECOMMENDATION
That the City Council:
1. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL AMENDING THE MASTER SCHEDULE OF FEES FOR FISCAL YEAR 2022-2023 RELATING TO OUTDOOR DINING".
EXECUTIVE SUMMARY
In spring 2020, the City installed temporary parklets in the Glendora Village to assist restaurants that were prohibited from serving indoors. What was meant to be a temporary program proved to be successful and led to the purchase and installation of seven permanent parklets serving ten businesses in the Glendora Village.
The installation of permanent parklets, required the City to adopt and amend Glendora Municipal Code (GMC) Section 21.06.070(O), CCAP Zoning Development Standards, Sidewalk Dining to add parklet dining provisions. In addition, the GMC was amended to update standards, application requirements and the approval process referenced in Section 21.06.070(P). The newly amended GMC CCAP Zoning Development Standards require businesses occupying space in the public right of way (ROW) for the purpose of outdoor dining to annually submit a completed Outdoor Dining Application and pay an Outdoor Dining Fee.
The City’s current Master Schedule of Fees for Service does not include an Outdoor Dining Fee. An established fee will need to be considered and adopted.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In spring 2020, the City Council adopted the Glendora Village Parklet Manual and approved the purchase and installation of seven permanent parklets in the Glendora Village.
On August 4, 2022, the BID Advisory Board reviewed and recommended code revisions for outdoor dining to the Planning Commission. On October 4, 2022, the Planning Commission held a public hearing on the proposed outdoor dining ordinance and recommended adoption to the City Council.
On January 10, 2023, a public hearing was held to consider the adoption of the ordinance and to give the public and City Council an opportunity to comment. The City Council approved the ordinance and upon the second reading held on January 24, 2023, the ordinance amending CCAP Zoning Development Standards of the Glendora Municipal Code was adopted. The ordinance requires business owners conducting outdoor dining in the public right of way to annually complete an Outdoor Dining Application with the City.
Upon application approval, the business applying for Outdoor Dining will then enter into a Use Agreement with the City of Glendora.
Item #6. Page 1
Meeting Date: 3/28/2023 / Packet Page #: 18
Staff Report Page 2 of 2
On March 14, 2023, a public hearing was held to consider the establishment of an Outdoor Dining Fee(s) to process an Outdoor Dining Application. The proposed fee(s) included an annual fee of $450 for the operation of outdoor dining on a parklet, as well as a separate annual fee of $100 for sidewalk dining in the public right of way. After public testimony and extensive discussion, the City Council moved to continue the public hearing at the March 28th meeting, requesting staff to bring back a revised and reduced fee of $100 to apply for an Outdoor Dining Use Agreement, regardless of size and category. In addition, the Council directed staff to provide updated versions of the City’s Outdoor Dining Application and Outdoor Dining Manual.
DISCUSSION
At the January 10th hearing, business owners and the City Council expressed concerns and opinions about assessing business owners the previously proposed annual fee(s) to continue operating outdoor dining in the public street and sidewalks. Per the City Council’s direction, staff revised the fee structure to reflect a flat, annual fee of $100 for all businesses applying for an Outdoor Dining Use Agreement, regardless of size or category. Establishing a flat annual fee aids the City in permitting the exclusive use of the public right of way to individual businesses. The proposed fee is notably lower than the previously proposed fees and are a portion of the actual costs that the City will incur for their ongoing oversight. Staff recommends moving forward with the fee as proposed.
In addition, staff updated the Outdoor Dining Application (Attachment D), Outdoor Dining Use Agreement (Attachment E), and Glendora Village Outdoor Dining Manual (Attachment F) to reflect rules and regulations in the Outdoor Dining Ordinance, as well as specifications at the direction of City Council.
FISCAL IMPACT
Staff estimates approximately $1,300 will be generated from Outdoor Dining Fees annually for the General Fund. The resolution adopting the Outdoor Dining Fee will be included in the update to the Master Schedule of Fees for FY 2024.
ENVIRONMENTAL DETERMINATION
Not applicable.
Prepared By Alycia Suniga, Management Analyst
Concurs With Not Applicable
Reviewed By Valerie Velasquez, Economic Development and Housing Manager 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. Resolution Amending Fee Schedule – Outdoor Dining
B. Notice of Continued Public Hearing
C. Notice of Public Hearing – Fee Schedule
D. Outdoor Dining Application
E. Outdoor Dining Use Agreement
F. Glendora Village Outdoor Dining Manual
G. PowerPoint
Item #6. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 19
RESOLUTION CC 2023-____
A RESOLUTION OF THE CITY COUNCIL AMENDING THE CITY OF
GLENDORA’S MASTER FEE SCHEDULE TO INCLUDE THE CIVIC
CENTER AREA PLAN (CCAP) ZONE OUTDOOR DINING FEES
THE CITY COUNCIL
City of Glendora, California
WHEREAS, the California Government Code requires that fees for services not exceed the estimated cost of providing the service for which the fee is levied and that no fee or services charge or increase in an existing fee, fine or charge to which the fee, fine or service change be levied without the opportunity for the public to make oral or written comment at a regularly scheduled meeting of the City Council; and
WHEREAS, the City Council has from time to time adopted fee schedules and now wishes to establish fee and fine schedules relating to the establishment of an Outdoor Dining program in the Civic Center Area Plan (CCAP) Zone; and
WHEREAS, the fees set forth in the attached amendment to the Master Schedule of Fees and Fines for Service do not exceed the estimated cost to provide services for which the fee is levied; and
WHEREAS, a duly noticed public hearing was held on March 14, 2023 and continued on March 28, 2023, by the City Council, to provide an opportunity for comments from the public on the matter of the Outdoor Dining Fees; and
WHEREAS, the Glendora Municipal Code permits the City Council to establish the fees, fines and charges provided herein by resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Master Schedule of Fees for Service adopting in 2023, Planning and Public Works Section, added as follows:
Item Service Proposed Fee
Outdoor Dining $100/annual
*Outdoor Dining violations are subject to fine under Title 1, Chapter 1.18, pursuant to Government Code Section 36900(b).
SECTION 2. The fees, fines and charges set pursuant to this resolution shall be automatically increased to include any fees mandated by the Federal, State or County regulations.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Item #6. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 20
Resolution CC 2023-_____ Page 2 of 2
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.
SECTION 5. The City Clerk is hereby directed to forward a copy of this resolution to the Glendora Administrative Services Director for inclusion in the Master Fee Schedule APPROVED and PASSED this ___ day of March, 2023.
City Council of Glendora, CA
BY:
GARY BOYER
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of March, 2023, 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 4
Meeting Date: 3/28/2023 / Packet Page #: 21
NOTICE OF CONTINUED PUBLIC HEARING
C I T Y C O U N C I L S U C C E S S O R A G E N C Y A N D
H O U S I N G A U T H O R I T Y
_____________________________________________
NOTICE IS HEREBY GIVEN that the City Council, Successor Agency and Housing Authority of the City of Glendora opened and continued the following public hearing at its regular meeting of March 14, 2023, as follows:
Agenda Item #4 A Public Hearing to Consider a Resolution Amending the Master Schedule of Fees for Fiscal Year 2022-23 Relating to Outdoor Dining
Said public hearing was opened and continued to March 28, 2023, beginning at 7:00 p.m., or as soon thereafter as the matter can be heard, in the City Hall Council Chamber located at 116 E.
Foothill Boulevard.
Dated: March 15, 2023
Kathleen Sessman
City Clerk/Communications Director
AFFIDAVIT OF POSTING
State of California
County of Los Angeles ss.
City of Glendora
I, Kathleen Sessman, City Clerk/Communications Director, do hereby certify, under penalty of perjury under the laws of the state of California that this notice was posted on March15, 2023 and that foregoing is true and correct. Said notice was posted at the following location(s):
City Hall
Library
X Other (Chamber Bulletin Board)
Item #6. Page 5
Meeting Date: 3/28/2023 / Packet Page #: 22
NOTICE OF PUBLIC HEARING
CITY COUNCIL
YOU MAY BE AFFECTED BY THE FOLLOWING:
_____________________________________________
NOTICE IS HEREBY GIVEN that the City Council of the City of Glendora will hold a public hearing in the City Council Chambers of City Hall, 116 E. Foothill Boulevard, Glendora, California, on Tuesday, March 14, 2023 at 7:00 p.m. to receive and consider all evidence and reports relative to a resolution amending the City of Glendora Master Fee Schedule of fees and charges for City Services related to Outdoor Dining in the Civic Center Area Plan (CCAP) zone.
All interested parties are invited to attend said hearing and express their views on this matter.
Should you be unable to attend the public hearing, your testimony must be made in writing and delivered prior to the scheduled hearing date as follows: City Clerk Department, 116 E. Foothill Blvd, Glendora, CA, 91741, [email protected].
Further information on this item will be posted to the city’s website at CityofGlendora.org/citymeetings and will be on file for public inspection and copying for the cost of duplication, at the office of the City Clerk, 116 E. Foothill Blvd, Glendora, CA, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays, within those hours for agenda posting and public inspection as required by the Ralph M. Brown Act, California Government Code 54950 et seq. as applicable to this meeting.
If you challenge this action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
Kathleen R. Sessman, MMC
City Clerk
Published San Gabriel Valley Examiner: Thursday, February 23, 2023 Thursday, March 2, 2023
CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, hereby certify that I posted a copy of this Notice on the bulletin board outside the City Hall Council Chamber, 116 E. Foothill Boulevard at 2:00 p.m. on (Date).
Item #6. Page 6
Meeting Date: 3/28/2023 / Packet Page #: 23
Kathleen R. Sessman, MMC
City Clerk
Item #6. Page 7
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Outdoor Dining Application Rev. March 2023
GLENDORA VILLAGE
OUTDOOR DINING APPLICATION
City of Glendora
116 E Foothill Blvd.
Glendora, CA 91741
Original Application
Renewal Application
Fee: $100
BUSINESS INFORMATION
Legal Name of Business Business License No:
Business Address City State Zip
Business Owner Name Phone Email
24-HOUR CONTACT INFORMATION:
Business Contact’s Name and Position Phone (24-hour) Email PROPERTY OWNER:
Property Owner’s Name Phone Email
LOCATION OF OUTDOOR DINING AREA (check all that apply):
Sidewalk Dining Parklet Dining Sidewalk and Parklet Dining PROPOSED OPERATIONS:
Type of parklet use: Dining Wine / Beer Tasting
Is alcohol a part of your business model? Yes No ABC License No: ________________ Do you plan to have entertainment? Yes No A CUP will be required for entertainment.
SUBMITTAL CHECKLIST FOUND ON PAGE 2
CERTIFICATION:
I acknowledge the filing of this application and certify that all information above and submitted with this application is true and accurate.
I further certify to the following:
I have reviewed in its entirety and understand the contents of the Outdoor Dining Manual; Upon approval of this Outdoor Dining Application, I agree to enter into a Use Agreement and comply with all rules, regulations, and requirements of the Outdoor Dining Program; Each year, 30 days prior to expiration of the current Use Agreement, I will submit a renewal Outdoor Dining Application.
Business Owner Name:
Business Owner Signature: Date:
Item #6. Page 8
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Outdoor Dining Application Rev. March 2023
SUBMITTAL CHECKLIST:
Completed and signed Outdoor Dining Application
Proof of insurance, including the Endorsement adding the City of Glendora as an Additional Insured Copy of Alcohol Beverage Control (ABC) license and Conditional Use Permit Resolution (CUP) (If applicable)
A CUP will be required for any outdoor entertainment, including but not limited to television and music (live or recorded).
Site Plan with accurate, dimensioned, drawings showing the business storefront, storefronts adjacent to the business, and the full sidewalk, street, and parking area in the proposed permit area. Size and font must be legible.
Delineate and dimension the area proposed for the permit. Show and label all proposed furniture, umbrellas, lighting, delineation devices, and appurtenances requested to be placed within the proposed permit area. Provide north arrow, scale, street name, business address, and business name. Identify the electrical box the business will access (if applicable) Photos of outdoor dining area, sidewalk and/or parklet areas. Photos of furniture, umbrellas, lighting, or any other items to be placed in the outdoor dining areas.
FOR OFFICE USE ONLY:
Date Application Received: Date: ___
Community Development Date:
Approved, Issue Use Agreement
Denied Initial: _________
Comments: _______________________________
_
_________________________________________
Public Works Date:
Approved, Issue Use Agreement
Denied Initial: _________
Comments: ________________________________
__________________________________________
__________________________________________
Special Conditions/Comments
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Item #6. Page 9
Meeting Date: 3/28/2023 / Packet Page #: 26
1 CITY OF GLENDORA
Outdoor Dining Use Agreement
THIS GLENDORA OUTDOOR DINING USE AGREEMENT (the "Use Agreement") is made by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and _________________________, a ________________ ("Business"), located at ________________ in the City of Glendora CA (collectively the “Parties”) with respect to the following:
A. In 2020, the City expanded outdoor dining through the temporary installation of parklets in order to address the negative impacts on restaurants due to COVID-19; B. The success of the temporary parklet program led to installation of seven (7) permanent parklets serving ten (10) businesses in the Glendora Village; C. Outdoor dining for restaurants or beer/wine tasting rooms, by way of sidewalk dining and/or parklet dining is permissible under the Glendora Municipal Code (“GMC”) §
21.06.070(O), Civic Center Area Plan (CCAP) Zoning Development Standards; D. Outdoor dining when conducted in compliance with established rules and regulations ensures the aesthetic integrity of the Glendora Village and the safety of residents and visitors draws in additional traffic to the Glendora Village and E. Business has submitted an application, inclusive of required attachments, as a requisite to entering into an Outdoor Dining Use Agreement.
F. City has reviewed the application and attachments and agrees to permit outdoor dining on the terms and conditions set forth in this Use Agreement and the requirements of state and federal law.
NOW, THEREFORE, in consideration of the mutual covenants of the Parties set forth in this Use Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. BUSINESS’S COVENANTS. Business covenants and agrees, during the term of this Use Agreement to perform all the acts and promises set forth herein.
1.1. Program Requirements. Business has read and is familiar with all of the terms, conditions, and provisions of the Outdoor Dining Manual and hereby covenants with City to comply with all of the program requirements and obligations established under this Use Agreement. This includes, but is not limited to, the requirements outlined in the Outdoor Dining Manual and Glendora Municipal Code § 21.06.070(O). Further, Business hereby covenants with City to comply with all applicable state, federal, and local laws, including, but not limited to guidelines set by the Los Angeles County Public Health Department and California Department of Alcoholic Beverage Control (ABC).
1.2. Further Assurances. Business hereby covenants with City to execute such other and further documents as may from time-to-time in the reasonable opinion of City be necessary to Item #6. Page 10
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2 perfect, confirm, establish, reestablish, continue, or complete the purposes and intentions of this Use Agreement.
1.3. Other Agreements. Business hereby covenants with City to not enter into any agreement containing any provision that would be violated or breached by the performance of its obligations under this Use Agreement.
1.4. ADA Requirements. Business hereby covenants with City that it shall comply with ADA requirements at all times. A minimum, unobstructed pedestrian path of at least sixty inches in width shall be maintained along the entire length of the sidewalk. The City may require more clearance area based on the location of sidewalk obstructions, pedestrian traffic, and other circumstances. Outdoor Dining Standards.
2. ELIGIBLE ACTIVITIES.
2.1. Outdoor Dining. Under Glendora Municipal Code § 21.06.070(O) Outdoor Dining may be operated in conjunction with a “dining” or “fast food restaurant,” or “wine/beer tasting room” as defined in Glendora Municipal Code § 21.01.020.
2.2. Alcohol.
(a) The serving of alcohol is permitted only in accordance with a Conditional Use Permit (“CUP”) issued by the City of Glendora Planning Commission and a license issued by the California Department of Alcohol and Beverage Control (“ABC”) including an Extension of Premise which includes the Outdoor Dining areas. (b) Attractive portable barrier delineation of sidewalk dining areas serving alcoholic beverages, such as theater-style posts and swag roping, decorative fencing, potted plants, and similar devices shall be required.
(c) Alcohol shall not be served later than 11:00 p.m. or as established by the conditional use permit for alcoholic beverage service in conjunction with a restaurant, or wine/beer tasting room.
2.3. Entertainment. The same will be permitted only in accordance with a CUP issued by the City of Glendora Planning Commission.
2.4. Electric Box. Business may access City electric box for purposes of lighting or entertainment (permissible only with a CUP). Electric box must be identified on the site plan included in Exhibit A. Excessive use of electricity may be grounds for revocation of this benefit.
LED lighting is strongly encouraged.
3. PROHIBITED ACTIVITIES.
The following activities are prohibited and may result in penalties including fines and revocation of this Use Agreement.
3.1. The use of bolts, drilling, adhesives, or other manner of affixing any item to the sidewalk, parklet, or public right-of-way is prohibited, unless an exception is approved by the City.
3.2. Lighting shall not face the street, be pointed downward, and should be shielded to prevent light glare.
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3 3.3. Overhead hanging electrical cords are prohibited.
3.4. Umbrellas shall be no more than 10 feet in height and shall be a primary, solid color.
Logos, letters, stripes, and/or other designs are prohibited.
3.5. Signage, banners and/or similar devices, are prohibited on the street parklet or sidewalk.
3.6. Outdoor dining, tables, chairs, umbrellas, or other associated items shall not block or impede exit doors and the primary pedestrian path. The primary pedestrian path on Glendora Ave. is a minimum six (6) foot unobstructed clearance along the public sidewalk extending from the red brick border adjacent to the tree wells towards the private property line; the primary pedestrian path on CCAP streets other than Glendora Avenue is a minimum five (5) foot unobstructed clearance along the public sidewalk.
3.7. No heating, cooking or open flames are permitted in the outdoor dining areas; however, space heaters are permitted provided that they are an outdoor approved type, are located in accordance with the manufacturer's recommendations, and are located at least two (2) feet from the edge of any umbrella canvas, any foliage, or any other flammable object or material.
3.8. No food preparation, plastic food displays, food storage, or refrigeration apparatus shall be allowed on the public right-of-way.
4. MAINTENANCE.
4.1. All elements (tables, chairs, benches, umbrellas, diverters, etc.) shall be confined to the area as designated on the approved site plan included as Exhibit A. Site plan shall not be modified without approval of the City; any modifications will be at the cost of Business.
4.2. Business shall maintain all elements of the permitted area(s), including tables, chairs, umbrellas, lighting, and other accessories) in a clean, attractive, and sturdy condition at all times.
Any maintenance, repairs or replacement of these items will be the responsibility of the Business.
4.3. The Business shall keep the outdoor dining area clean and clear of trash or other debris. Graffiti shall be removed, cleaned off, or painted to match existing walls within 24 hours of appearance.
4.4. Any structural defect(s) to the sidewalk or parklet noticed shall be reported to City; City shall be responsible for any corrective action necessary to cure a structural defect.
4.5. Business understands that City reserves the right to temporarily halt outdoor dining in order to complete repairs or maintenance; dates and time will be coordinated with Business.
4.6. Business shall be responsible for maintaining a clean and free of obstruction sidewalk area fronting and adjacent to the approved outdoor dining area at all times. No item shall be placed within the primary pedestrian path.
4.7. Business shall not obstruct existing drainage patterns within the parklet.
4.8. Umbrellas shall be closed at the end of each business day to prolong usability and reduce the risk of damage.
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4 5. VIOLATIONS. Violations of the Use Agreement may result in penalties including fines and revocation of this Use Agreement to use the public right-of-way for outdoor dining purposes.
6. INDEMNIFICATION.
6.1. Business hereby warrants that the improvements, including the construction and/or installation of same, and use of the public right-of-way for outdoor dining purposes, as allowed by this Outdoor Dining Use Agreement, within and along the public right-of-way (the “Property”) fronting _______________________, Glendora, CA will not adversely affect any portion of the Property or adjacent properties, and that Applicant will comply with all applicable laws and regulations with respect to the construction, installation, and maintenance of the temporary improvements and use of the Property.
6.2. To the full extent permitted by law, Business agrees to indemnify, defend, release, and hold harmless City, its elected or appointed officials, officers, agents, employees, partners and volunteers, from and against all claims for attorneys’ fees and witness costs by any person, including Business, property owner, their employees and agents, for (a) any personal injury, death, or damage to or taking of property or any interest therein from any cause whatsoever arising out of or in connection with City’s approval or issuance of this Use Agreement, Business’s actions and obligations hereunder or any failure to comply with all applicable laws and regulations.
6.3. Business shall so indemnify City regardless of City’s concurrent negligence, City’s approval of Applicant’s Plans or Permit, City’s inspection of Applicant’s project or its improvements, temporary compensation payable by or for Applicant under worker’s compensation, disability, or any other employee benefit acts, City’s acceptance of insurance certificates required under the Permit, or the terms applicability or limitations of any insurance held by Applicant. The provisions of this indemnification shall continue to bind the parties after and shall survive the termination, revocation, or expiration of this Use Agreement.
7. LIABILITY INSURANCE.
7.1. At all times during the term of the parklet permit, Business shall maintain no less than $1 million in liability insurance coverage under a policy that names City as an additional insured.
7.2. If Business fails to provide City a copy of the required under the preceding sentence, or fails to maintain the insurance coverage required, then, at City’s sole discretion, City may revoke this Use Agreement and order the removal of the parklet.
7.3. The required general liability insurance shall be submitted to City annually for the duration of the parklet use.
8. GENERAL PROVISIONS.
8.1. Ownership. Business acknowledges that by this Use Agreement, Business does not acquire any right, title, or interest of any kind in the Property on which the outdoor dining is agreed to.
8.2. Inspections. Business acknowledges that City has the right to conduct inspections at any time, with or without notices. Business agrees to correct any concerns or violations City finds as a result of inspection.
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5 8.3. Notices. Any notice under the Use Agreement shall be in writing, without implying the obligation to provide such notice. Any notice to be given or document to be delivered under the Use Agreement shall be deemed to have been duly received on (a) delivery, if delivered in person or by any expedited delivery service that provides proof of delivery; or (b) the 5th City business day after mailing, if mailed by certified mail, return receipt requested, postage prepaid, addressed to City or Business at the appropriate addresses.
The addresses for notices are those set forth below or such other addresses as may be hereafter specified by written notice by the parties:
If to City: City of Glendora
Economic Development
116 E. Foothill Blvd.
Glendora, CA 91741
If to Business:
Glendora, CA
Attn:
8.4. Counterparts. This Use Agreement may be executed in multiple counterparts, all of which together shall constitute one instrument.
8.5. Additional Conditions. City may, at their its discretion, place additional conditions upon the issuance of this Use Agreement in order to insure the protection of the public rights-ofway and the rights of all adjoining property owners and the health, safety, and welfare of the public.
9. TERMINATION OF USE AGREEMENT.
This Use Agreement may be terminated by City, with or without cause, for the convenience of City upon the giving of _____ (__) day’s prior written notice to Business.
10. MODIFICATION OF USE AGREEMENT.
The following conditions constitute grounds for modification or termination:
10.1. When continuation of the Agreement and/or permit would be contrary to the public’s health, safety, or welfare.
10.2. The misrepresentation of a material fact in their application.
10.3. A public nuisance including but not limited to loitering, littering, poor site maintenance, public drunkenness, defacement and damaging of structures, pedestrian obstructions, traffic circulation and parking conflicts, or noise disturbances.
10.4. Violations of the Use Agreement may result in penalties including fines and revocation of this Use Agreement to use the public right-of-way for outdoor dining purposes.
11. TRANSFERABILITY. This Use Agreement may not be transferred; any new operator of the business will need to reapply to enter into a Use Agreement.
12. TERM. This Use Agreement is effective upon execution by the Public Works Director and Community Development Director (or designees) and shall continue therefrom for a Item #6. Page 14
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6 term of one (1) calendar year from the date of such execution. Renewal is required annually to continue outdoor dining operations.
IN WITNESS WHEREOF, Business and City have executed this Use Agreement as of the dates written below.
CITY:
The City of Glendora,
a California municipal corporation
________________________
Moises Lopez,
Interim Public Works Director
Date: _______________________
__________________________
Jeff Kugel, Community Development Director
Date: _______________________
BUSINESS:
Company Name
__________________________
Authorized Signor
Date: _______________________
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Exhibit A:
OUTDOOR DINING SITE PLAN
7 Item #6. Page 16
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Exhibit B:
OUTDOOR DINING PHOTOS
8 Item #6. Page 17
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Exhibit C:
LIABILITY INSURANCE
9 Item #6. Page 18
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CITY OF GLENDORA
Glendora Village Outdoor Dining Manual
Item #6. Page 19
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CONTENTS
ABOUT THS MANUAL 3
PROGRAM OVERVIEW 4
STANDARDS & REQUIREMENTS 5
TERMS, STANDARDS & MAINTENANCE 8
OUTDOOR DINING APPLICATION 11
INDEMNIFICATION 13
SITE PLAN 14
RESOURCES 16
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1 ABOUT THIS MANUAL
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The City of Glendora offers an opportunity for outdoor dining to restaurant and beer/wine tasting rooms located within the Civic Center Area Plan, commonly known as the Glendora Village. The manual is an overview of the goals, rules, and regulations established for the operation of outdoor dining within the Glendora Village. The manual also provides information to interested parties on the process required in order to enter into a Use Agreement with the City of Glendora for Outdoor Dining. Interested applicants are required to read and understand this Manual in its entirety prior to completing the required Outdoor Dining Application.
To obtain a copy of this manual, the Outdoor Dining Application, or if you have any questions, please contact the City of Glendora at (626) 852-4822 or via email at [email protected].
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2 PROGRAM OVERVIEW
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The Outdoor Dining Program includes the operation of dining or beer and wine on the sidewalk public right of way and/or on parklets. Seven permanent parklets serving ten businesses were installed in the Glendora Village in 2021. The parklets are extensions of the sidewalk onto the street, repurposing previous parking spaces for the creation of new dining opportunities. With countless successful programs worldwide, parklets have proven their ability to not only create greener, healthier communities, but also increase neighborhood character and sense of identity through creative and inspired design. Each interested outdoor dining applicant will be responsible for furnishing and maintaining their permitted outdoor dining area. This program represents a unique opportunity for community partnership to increase the quality of life on Glendora Avenue by creating additional community space, while adding vibrancy to the downtown area. This document serves as a guide to understand the goals, process, and policies for establishing outdoor dining in the City of Glendora (the “City”). Proposed outdoor dining on the sidewalk and parklets must comply with the requirements set forth in this manual and in the Glendora Municipal Code Section 21.06.070(O) CCAP Zoning Development Standards. A completed Outdoor Dining Application must be submitted to the City, and upon approval the business will enter into a Use Agreement with the City. The Use Agreement will be valid for one year at a time, with renewal required each year.
PROGRAM GOALS
Enhance streetscape experience to all members of the community Encourage economic opportunity and growth for businesses Create a space of diversity for social interactions
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3 STANDARDS AND REQUIREMENTS
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GENERAL REQUIREMENTS
Prior to operation, the City shall approve an Outdoor Dining Use Agreement (“Agreement”) and conduct a physical inspection of the outdoor dining area. Business owner agrees to permit a city inspection at any time and understands an inspection will be conducted once per year, at a minimum. An Outdoor Dining Use Agreement may be revoked at any time if the requirements herein or stated in the Use Agreement are not met during operation. The restaurant establishment is solely responsible for the arrangement or removal of all the physical elements within the outdoor dining area and restoration of the property to its existing condition upon the termination or expiration of the Use Agreement.
Location: The sidewalk dining area must be set
up to properly accommodate the use and may not
extend beyond the width of the restaurant’s
storefront/property line; Parklets expanding
beyond the restaurant storefront or property line
may be permitted with City approval and
consideration of adjacent or affected businesses.
Pedestrian Path and ADA Access: The outdoor
dining area shall not interfere with access under
the Americans with Disabilities Act. Additionally, a
minimum unobstructed pedestrian path of 6 feet
shall be maintained on Glendora Avenue.
Fixtures & Furnishings: Tables, chairs, umbrellas, lighting, and other accessories used in the outdoor dining area shall be maintained in good visual appearance and condition at all times; items shall not be secured but shall be movable and arranged in accordance with the approved Site Plan made part of the Outdoor Dining Use Agreement. Umbrellas must be securely closed at the close of business to ensure safety.
Hours: Outdoor dining is permitted during regular business hours. Hours may be restricted by a separate permit (i.e., CUP for alcohol or entertainment). Alcohol may not be served past 11pm, or as noted within the Conditional Use Permit issued by the City of Glendora Planning Commission, whichever is earlier.
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3 STANDARDS AND REQUIREMENTS
cc
(continued)
PURPOSE
The City of Glendora has launched an Outdoor Dining Program. The aim of the Program is to help local businesses and create community partnership opportunities which add to the strength and character of the Glendora Village.
OUTDOOR DINING/SEATING LOCATIONS
Sidewalk Dining is the use of a proportion of the public right of way or sidewalk by a private business for serving food and/or drinks In conjunction with a restaurant or wine/beer tasting room.
Sidewalk dining may involve the placement of chairs, tables, and umbrellas on the public sidewalk.
Parklet Dining is an extension of the sidewalk that re-purposes on-street parking spaces for outdoor dining in front or near a restaurant. Each parklet is designed and constructed by the City of Glendora. The City has installed seven (7) parklets, serving ten (10) businesses. The City will consider additional parklets on a case-by case basis.
Business owners who apply and are granted outdoor dining privileges, must comply with all Program Standards and Requirements and will be required to enter into a Use Agreement. Failure to comply with the Standards and Requirements will violate the Use Agreement and may result in revocation of the Agreement and outdoor dining privileges.
ELIGIBLE USES
Outdoor dining, either on the sidewalk or parklet is for exclusive use of the business who has entered into a Use Agreement with the City.
FOOD AND BEVERAGE
Outdoor Dining: Must possess a current Outdoor Dining Use Agreement issued by the City. Alcohol: The serving of alcohol is permitted only in accordance with a Conditional Use Permit (“CUP”) issued by the City of Glendora Planning Commission and a license issued by the California Department of Alcohol and Beverage Control (“ABC”) including an Extension of Premise which includes the Outdoor Dining areas.
Attractive portable barrier delineation of sidewalk dining areas serving alcoholic beverages, such as theater-style posts and swag roping, decorative fencing, potted plants, and similar devices shall be required.
Alcohol shall not be served later than 11:00 p.m. or as established by the conditional use permit for alcoholic beverage service in conjunction with a restaurant, or wine/beer tasting room.
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3 STANDARDS AND REQUIREMENTS
cc
(continued)
Entertainment: Entertainment will be permitted only in accordance with a CUP issued by the City of Glendora Planning Commission.
Electric Box: Business may access City electric box for purposes of lighting or entertainment (permissible only with a CUP). Electric box must be identified on the site plan included in Exhibit A. Excessive use of electricity may be grounds for revocation of this benefit. LED lighting is strongly encouraged.
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4 TERMS, STANDARDS & MAINTENANCE
REQUIREMENTS
OUTDOOR DINING TERMS, OPERATING STANDARDS AND MAINTENANCE All elements (tables, chairs, benches, umbrellas, diverters, etc.) shall be confined to the area as designated on the approved site plan included as Exhibit A. Site plan shall not be modified without approval of the City; any modifications will be at the cost of the Business. The Business shall maintain all elements of the permitted area(s), including tables, chairs, umbrellas, lighting and other accessories) in a clean, attractive and sturdy condition at all times.
Any maintenance, repairs or replacement of these items will be the responsibility of the Business. The restaurant owner shall keep the outdoor dining area clean and clear of trash or other debris.
Graffiti shall be removed, cleaned off, or painted to match existing walls within 24 hours of appearance.
Any structural defect(s) to the sidewalk or parklet noticed shall be reported to the City; the City shall be responsible for any corrective action necessary to cure a structural defect. Business understands that the City reserves the right to temporarily halt outdoor dining in order to complete repairs or maintenance; dates and time will be coordinated with Business. The Business shall be responsible for maintaining a clean and free of obstruction sidewalk area fronting and adjacent to the approved outdoor dining area at all times. No item shall be placed within the primary pedestrian path.
Business shall not obstruct existing drainage patterns within the parklet. Umbrellas shall be closed at the end of each business day to prolong usability and reduce the risk of damage.
Outdoor dining on the sidewalk shall comply with the Americans with Disabilities Act (ADA). A minimum, unobstructed pedestrian path of at least sixty inches in width shall be maintained along the entire length of the sidewalk. The City may require additional clearance area based on the location of sidewalk obstructions, pedestrian traffic, and Outdoor Dining Operating Standards. Seating must be accessible and meet ADA requirements for the turning movement (60” diameter turning circle) and the resting space of a wheelchair).
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4 TERMS, STANDARDS & MAINTENANCE
REQUIREMENTS
(continued)
PROHIBITED ACTIVITIES
The following activities are prohibited and may result in penalties including fines and revocation of this Use Agreement.
The use of bolts, drilling, adhesives, or other manner of affixing any item to the sidewalk, parklet, or public right-of-way is prohibited, unless an exception is approved by the City. Lighting shall not face the street, be pointed downward, and should be shielded to prevent light glare.
Overhead hanging electrical cords are prohibited.
Umbrellas shall be no more than 10 feet in height and shall be a primary, solid color. Logos, letters, stripes, and/or other designs are prohibited.
Signage, banners and/or similar devices, are prohibited on the street parklet or sidewalk. Outdoor dining, tables, chairs, umbrellas, or other associated items shall not block or impede exit doors and the primary pedestrian path. The primary pedestrian path on Glendora Ave. is a minimum six (6) foot unobstructed clearance along the public sidewalk extending from the red brick border adjacent to the tree wells towards the private property line; the primary pedestrian path on CCAP streets other than Glendora Avenue is a minimum five (5) foot unobstructed clearance along the public sidewalk.
No heating, cooking or open flames are permitted in the outdoor dining areas; however, space heaters are permitted provided that they are an outdoor approved type, are located in accordance with the manufacturer’s recommendations, and are located at least two (2) feet from the edge of any umbrella canvas, any foliage, or any other flammable object or material. No food preparation, plastic food displays, food storage, or refrigeration apparatus shall be allowed on the public right-of-way.
LIGHTING
Lighting shall not face the street. Lighting must be pointed downward and shielded to prevent light glare.
Overhead hanging electrical cords are prohibited.
Business may access City electric box for purposes of lighting or entertainment (permissible only with a CUP). Electric box must be identified on the site plan included in Exhibit A. Excessive use of electricity may be grounds for revocation of this benefit. LED lighting is strongly encouraged.
(continued)
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4 TERMS, STANDARDS & MAINTENANCE
REQUIREMENTS
(continued)
INSURANCE
At all times during the term of the parklet permit, the Business shall maintain no less than $1 million in liability insurance coverage under a policy that names the City as an additional insured. If the Business fails to provide the City a copy of the required under the preceding sentence, or fails to maintain the insurance coverage required, then, at City’s sole discretion, the City may revoke the parklet permit this Use Agreement and order the removal of the parklet. The required general liability insurance shall be submitted to the City annually for the duration of the parklet or sidewalk use.
NON-COMPLIANCE
Failure to meet the above conditions may result in a Notice of Violation. Violations of the Use Agreement may result in penalties including fines and revocation of any permit or agreement to use the public right-of-way.
The City may, at their sole discretion, place additional conditions upon the issuance of the Use Agreement in order to ensure the enjoyment of the public rights-of-way and protect the health, safety, and welfare of the public.
Business acknowledges that any Outdoor Dining Use Agreement may be terminated by the City, with or without cause.
IF OPERATING A PARKLET
The business owner shall, at their sole cost and expense, maintain their parklet in good condition. Any structural defect in the parklet will be the responsibility of the City for any corrective action; the business agrees to notify the City as soon as any defect or need for maintenance becomes apparent.
The business owner shall not obstruct existing drainage patterns within the parklet. Stormwater and drainage maintenance will be maintained by the City.
Business owner acknowledges that they DO NOT acquire any right, title, or interest of any kind in the property on which the parklet is installed.
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5 OUTDOOR DINING APPLICATION
APPLICATION
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APPLICATION
An Outdoor Dining Application must be completed and approved in order to enter into an Outdoor Dining Use Agreement with the City of Glendora. The agreement is valid for one-year from the time of execution and must be renewed annually to continue dining operations. Inspection of the outdoor dining areas will be conducted upon application and agreement renewal.
To apply for outdoor dining, you must contact City staff to obtain the required forms. Forms from this manual will not be accepted.
In addition to the completed application, the following checklist must be included with your application submittal:
Completed and signed Outdoor Dining Application
Proof of insurance, including the Endorsement adding the City of Glendora as an Additional Insured
Copy of Alcohol Beverage Control (ABC) license and Conditional Use Permit Resolution (CUP) (If applicable)
A CUP will be required for any outdoor entertainment, including but not limited to television and music (live or recorded).
Site Plan with accurate, dimensioned, drawings showing the business storefront, storefronts adjacent to the business, and the full sidewalk, street, and parking area in the proposed permit area. Size and font must be legible.
Delineate and dimension the area proposed for the permit. Show and label all proposed furniture, umbrellas, lighting, delineation devices, and appurtenances requested to be placed within the proposed permit area. Provide north arrow, scale, street name, business address, and business name. Identify the electrical box the business will access (if applicable) Photos of outdoor dining area, sidewalk and/or parklet areas. Photos of furniture, umbrellas, lighting, or any other items to be placed in the outdoor dining areas.
Submit the application forms to:
Glendora City Hall
c/o Community Development Department
116 E Foothill Blvd
Glendora, CA, 91741
Should you have any questions please contact Alycia Suniga at (626) 852-4822.
Item #6. Page 29
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5 OUTDOOR DINING APPLICATION
APPLICATION
(continued)
Item #6. Page 30
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6 INDEMNIFICATION
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INDEMNIFICATION AGREEMENT
Business hereby warrants that the improvements, including the construction and/or installation of same, and use of the public right-of-way for outdoor dining purposes, as allowed by this Outdoor Dining Use Agreement, within and along the public right- of-way (the “Property”) fronting Business will not adversely affect any portion of the Property or adjacent properties, and that Applicant will comply with all applicable laws and regulations with respect to the construction, installation, and maintenance of the temporary improvements and use of the Property.
To the full extent permitted by law, Business agrees to indemnify, defend, release, and hold harmless City, its elected or appointed officials, officers, agents, employees, partners and volunteers, from and against all claims for attorneys’ fees and witness costs by any person, including Business, property owner, their employees and agents, for (a) any personal injury, death, or damage to or taking of property or any interest therein from any cause whatsoever arising out of or in connection with City’s approval or issuance of this Use Agreement, Business’s actions and obligations hereunder or any failure to comply with all applicable laws and regulations.
Business shall so indemnify City regardless of City’s concurrent negligence, City’s approval of Applicant’s Plans or Permit, City’s inspection of Applicant’s project or its improvements, temporary compensation payable by or for Applicant under worker’s compensation, disability, or any other employee benefit acts, City’s acceptance of insurance certificates required under the Permit, or the terms applicability or limitations of any insurance held by Applicant. The provisions of this indemnification shall continue to bind the parties after and shall survive the termination, revocation, or expiration of this Use Agreement.
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7 SITE PLAN
HOW TO CREATE A SITE PLAN
The following steps are intended as an example to help create a site plan.
Step 1
Using Excel or graph paper, draw out your business storefront and the area immediately surrounding it, including storefronts adjacent to your business. Show the sidewalk, clear pedestrian path, street and parking area in the proposed permit area. Size and font must be legible. Provide north arrow, scale, street name, business address, and business name.
Step 2
Clearly outline the area which you wish to use for your outdoor dining area. Write in the dimensions of the proposed dining area and the width of the sidewalk (if the sidewalk is being used for dining).
Step 3
Show the locations of all tables, chairs, umbrellas, and any other items which are to be used on the sidewalk and/or parklet. Electrical box use must also be identified.
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7 SITE PLAN
(continued)
SAMPLE SITE PLAN
Street - Glendora Ave.
10' Umbrella
Scale N 1 square = 1
square foot
------------------------------------------------------------------40'------------------------------------------------------------------------ Table Chair
SidewalkDining Area
Curb
---------------13'----------------
Parklet
Neighbor
Business Name
Business Address Neighbor
Business Name
Business Name
Pedestrian
Path
A
D
A
Access
6'
SIDEWALK
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8 RESOURCES
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MAINTENANCE
Proper maintenance is a condition of the Outdoor Dining Use Agreement. Business owners must manage the upkeep of the permitted outdoor dining area per this Manual and the Use Agreement.
Business owners are responsible for all day-to-day maintenance duties and costs to keep the outdoor dining area/structure in good condition. Any structural defect of the parklet base is the responsibility of the City for any corrective action. The City of Glendora will be responsible for any stormwater or drainage maintenance. The business owner should be sure to have sufficient resources and staff available to keep the outdoor dining area clean and in a state of good repair.
RENEWAL OF USE AGREEMENT
Outdoor dining may be conducted under an Outdoor Dining Use Agreement, which must be renewed annually. The City will send applicants a renewal notice prior to the anniversary date of the Use Agreement; Business should have the renewal application submitted 30 days prior to the current Use Agreement’s end date. An inspector will visit the outdoor dining area once the renewal application has been submitted and will work with the applicant to ensure that any maintenance, safety, or accessibility issues get resolved. Applicants must also make sure the liability insurance policy is up to date prior to the renewal of the Use Agreement. The City reserves the right to deny renewal of a Use Agreement for any reason. Renewal is conditional on following the requirements in this manual and in Chapter 13.08 of the Glendora Municipal Code.
CHANGE OF OWNERSHIP
If a business changes ownership, the Use Agreement is not transferable. The new owner must contact the City of Glendora at [email protected] or (626) 852-4822 to enter into a new Outdoor Dining Use Agreement.
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
For restaurants wanting to serve alcohol on parklets, please contact the Department of Alcoholic Beverage Control, Monrovia office. You must request the license includes an Extension of Premise. A representative will guide you through the necessary steps to obtain permitting. Their information is listed below:
LA - Northeastern Office
222 E. Huntington Drive, Suite 114
Monrovia, CA 91016
(626) 256 – 3241
Item #6. Page 34
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Item #6. Page 35
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OUTDOOR DINING FEES
Community Development Department
City Council
March 28, 2023
Alycia Suniga, Management Analyst CityOfGlendora.org
Item #6. Page 36
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Background
2 • January 10, 2023 – Staff introduced for first reading an ordinance amending the GMC relating to Outdoor Dining in the Glendora Village. • January 24, 2023 – A second reading of the Outdoor Dining Ordinance was adopted amending standards and procedures for outdoor dining in the Glendora Village.
• March 14, 2023 – A public hearing was held to consider and approve recommended fees for the permitting of sidewalk and parklet dining. • The City Council directed Staff to revise fee structure and provide updated Outdoor Dining Program documents.
Item #6. Page 37
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Background
3 Service Proposed Fee
Outdoor Dining:
Sidewalk Dining
Parklet
$100/annual
$450/annual
Previously Proposed Fees
• Staff previously proposed fees based on the category of outdoor dining • Comprehensive fee – landscaping, staff time, materials and use of electrical boxes • Permits exclusive use of the public right of way
Item #6. Page 38
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Proposed Fees
4 Current - Proposed Fees
• Businesses conducting either category of outdoor dining subject to $100 annual permitting fee – regardless of size or category
• Comprehensive fee – landscaping, staff time, materials and use of electrical boxes • Permits exclusive use of the public right of way
Service Proposed Fee
Sidewalk/Parklet Dining $100/annual
Item #6. Page 39
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Next Steps
5 • Resolution formally adopted
• Staff to reach out to each individual businesses to go over Outdoor Dining Application process, regulatory documents, and fees
• Application due within 30 days
• Approved fee will be formally added to the Master Fee Schedule for Fee Schedule for FY 2023-2024
Item #6. Page 40
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6 RECOMMENDATIONS
That the City Council:
1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL AMENDING THE MASTER SCHEDULE OF FEES FOR FISCAL YEAR 2022-2023 RELATING TO OUTDOOR DINING.”
Item #6. Page 41
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: CITY CLERK DISTRICT(S): NOT APPLICABLE
SUBJECT: AN ORDINANCE OF THE CITY OF GLENDORA ADDING CHAPTER 2.05 TO TITLE 2 OF THE CITY OF GLENDORA MUNICIPAL CODE TO INCLUDE A “SUNSHINE” PROVISION
TO INCREASE TRANSPARENCY AND ACCOUNTABILITY IN GOVERNMENT OPERATIONS (STRATEGIC PLAN ITEM 27-EMO)
RECOMMENDATION
That the City Council:
1. Consider and provide direction to staff on the proposed Open Government Ordinance to improve openness and transparency in Glendora municipal government through the establishment of new local standards to supplement the provisions of the Ralph M. Brown Act and the Public Records Act; and,
2. If desired, introduce for first reading an Ordinance of the City Council entitled “AN ORDINANCE
OF THE CITY COUNCIL, AMENDING THE GLENDORA MUNICIPAL CODE BY ADDING CHAPTER 2.05, SUNSHINE ORDINANCE TO TITLE 2 OF THE CITY OF GLENDORA MUNICIPAL CODE TO INCLUDE A “SUNSHINE” PROVISION TO INCREASE TRANSPARENCY
AND ACCOUNTABILITY IN GOVERNMENT OPERATIONS AND ESTABLISHING LOCAL STANDARDS TO ENSURE PUBLIC ACCESS TO PUBLIC MEETINGS.”
EXECUTIVE SUMMARY
The attached ordinance has been prepared as a part of the City Council’s strategic plan and is intended to enhance the City’s compliance with California’s open meetings and public records act laws. Its intent is to enhance transparency and ensure that members of the public are fully informed about matters to be considered by the various “legislative bodies” of the City and to make available to the public the records of the actions of the City’s various legislative bodies.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On August 6, 2019, the City Council approved the 2019-2022 Three-Year Strategic Plan. At that meeting, the City Council set five new goals and made changes to the city’s Vision Statement.
On July 30, 2020, the City Council, City staff, City Attorney, and representatives from the City’s board and commissions met to discuss the City’s current 2019-2022 Strategic Plan and future operations moving forward. As a result of that meeting, the 2019-2022 plan was revamped to focus on recovery from COVID19 and focuses on more than 200 key objects/tasks over the next three years.
On October 13, 2020, the City Council received an update and approved the City’s 2020-2023 Three-Year Strategic Plan. At that meeting, the City Council set five new goals and made changes to the city’s Vision Statement.
DISCUSSION
In October 2020, the City Council approved the 2020-2023 Three-year Strategic Plan, with six strategic plan goals, one of which was to Enhance and Modernize the Organization, which had more than 200 key Item #7. Page 1
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objectives/tasks, including direction to craft and the bring to the full City Council a “Sunshine” Ordinance, to clarify and supplement the Glendora Municipal Code, the Ralph M. Brown Act, and the California Public Records Act to assure that the people of Glendora can be fully informed by publishing agendas one week in advance of regularly scheduled public meetings.
The attached draft ordinance seeks to accomplish that directive and is composed of seven (7) principal provisions:
05.010. FINDINGS AND PURPOSE
Democracy in our representative form of government requires that the public have an opportunity to understand the government’s activities and to communicate its concerns to its elected and appointed representatives, and that those representatives have an adequate opportunity to consider those concerns and then act effectively and in a timely manner. This Sunshine Ordinance codifies the city's public policy concerning participation in the deliberations of the city's legislative bodies, and clarifies and supplements the Brown Act. It is an affirmation of good government and a continued commitment to open and democratic procedures. It is an effort to expand our residents' knowledge, participation and trust. As procedures of government change and evolve, so also must the laws designed to guarantee the process remains visible.
05.020. DEFINITIONS
(A) AGENDA - A document that informs the public about a meeting. published in advance of the meeting, which at a minimum: (i) identifies the legislative body conducting the meeting. (ii) specifies the time and location of the meeting and (iii) lists each item of business to be discussed or transacted and describes the proposed action for such item.
(B) AGENDA PACKET- A complete set of materials that includes the agenda and its relevant supporting documents.
(C) BROWN ACT - Government Code sections 54950 et. seq. as those sections may be amended from time to time.
(D) MEETING - Shall have the same meaning as defined in Section 54952.2 of the Government Code.
(E) LEGISLATIVE BODY - Shall have the same meaning as "legislative body" as defined in Section 54952 of the Government Code unless the definition in this subsection applies to a broader range of boards, commissions, committees or other bodies, and shall include the following:
(1) The city council.
(2) Any other board enumerated in the city code.
(3) Any board, commission, committee, or other body created by ordinance or resolution of the city council.
(4) Any committee consisting of city employees that was established by city council ordinance or resolution that specified that the meetings of such committee were to be open and public.
(F) SUPPORTING DOCUMENTS - All documents regardless of form, medium or author that are provided to members of a legislative body for their use in considering agenda items for a meeting.
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05.030. CONDUCT OF BUSINESS, THE TIME AND PLACE OF MEETINGS (A) The city council shall establish by resolution the time and place for holding regular meetings for city council appointed boards and commissions (GMC § 2.18.120). (B) If a meeting must be moved, canceled, continued or rescheduled for any reason, notice of such change shall be provided to the public as soon as is reasonably possible, including posting of a cancellation notice, and electronically mailed notice if sufficient time permits. At no time, less than what is required by the Brown Act.
05.040. AGENDA REQUIREMENTS FOR REGULAR AND SPECIAL MEETINGS (A) Seven (7) days before a regular meeting of each legislative body, an agenda containing a meaningful description of each item of business to be transacted or discussed at the meeting shall be posted. Agendas shall specify for each item of business the proposed action and specify whether the item is for discussion, information, or receive-and-file only. These time requirements shall apply to posting in bulletin boards and on the Internet.
(1) Notwithstanding subsection (A), items that may be agendized less than seven (7) days before a legislative body, include but are not limited to the following:
(i) Urgency items where the public interest and necessity demand immediate city council action to avoid harm to or to safeguard life, health or property, or to mitigate severe economic impacts; (ii) Grant opportunities;
(iii) Consideration of appeals, final maps or parcel maps or other items requiring timely consideration pursuant to statute or ordinance;
(iv) Ceremonial items;
(v) Closed Session items as specified in the Brown Act; (vi) Presentation and PowerPoint presented by outside agencies and/or organizations; and
(vii) Items required to comply with timelines of other governmental agency.
(B) A description is meaningful if it is sufficiently clear and specific to alert a person of average intelligence and education whose interests are affected by the item that they may have reason to attend the meeting or seek more information on the item. The description should be brief, concise and written in plain, easily understood. (C) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. (D) All agendas shall be posted at the City’s official posting locations, on the city's website, and on the city's cable channel. Complete agenda packets for each legislative body shall be posted on the city's website to the extent fiscally and technologically feasible, and available at the kiosk in the Glendora Public Library and Glendora City Clerk's department during normal business hours. The time for compliance with this subsection shall be in accordance with the time of the posting of the agenda for the meeting.
(E) All supporting documents regarding an agenda item must be included in the agenda packet.
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(F) To provide the fullest opportunity on all matters coming before the city's legislative bodies, any staff presentations associated with an agenda item shall be made part of the agenda packet at the time of the posting of the agenda for the meeting. (G) No action or discussion shall be undertaken on any item not appearing on the posted agenda except that members of a city’s legislative bodies may respond to statements made or questions posed by persons exercising their public testimony rights, to the extent of asking a question for clarification, providing a reference to staff or other resources for factual information, or requesting staff to report back to the body at a subsequent meeting concerning the matter raised by such testimony. (H) Notwithstanding subsection (G) the city’s legislative bodies may take action on items of business not appearing on the posted agenda under any of the following conditions:
(1) Upon a determination by a majority vote of the body that an accident natural disaster or work force disruption poses a threat to public health and safety.
(2) Upon a good faith, reasonable determination by a two-thirds (2/3) vote of the legislative body, or, if less than two-thirds (2/3) of the members are present, a unanimous vote of those members present, that (a) the need to take immediate action on the item is so imperative as to threaten serious injury to the public interest if action were deferred to a subsequent special or regular meeting, or relates to a purely commendatory action, and (b) that the need for such action came to the attention of the legislative body subsequent to the agenda being posted as specified in subsection (A). (3) The item was on an agenda posted pursuant to subsection (A) for a prior meeting of the legislative body occurring not more than five (5) calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (I) Information on the Sunshine Ordinance shall be provided on the City’s webpage, with hard copies provided free of charge upon request.
05.050. AGENDAS AND RELATED MATERIALS, PUBLIC RECORDS
(A) Agendas of meetings and any other documents on file with the clerk of the legislative body, when intended for distribution to all, or a majority of all, of the members of a legislative body in connection with a matter to be discussed or considered at an open session of a meeting shall be made available to the public. To the extent possible, such documents shall also be made available through the city’s website. However, this disclosure need not include any material exempt from public disclosure under the California Public Records Act, or any other state or federal law. (B) Records which are subject to disclosure under subsection (A) and which are intended for distribution to a legislative body prior to commencement of a meeting shall be made available for public inspection and copying upon request prior to commencement of such meeting, whether or not actually distributed to or received by the body at the time of the request.
(C) Records which are subject to disclosure under subsection (A) and which are distributed during a meeting but prior to commencement of their discussion shall be made available for public inspection prior to commencement of, and during, their discussion.
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(D) Records which are subject to disclosure under subsection (A) and which are distributed during their discussion at a meeting shall be made available for public inspection immediately or as soon thereafter as is practicable. (E) A legislative body may charge the direct cost of duplication for a copy of a public record prepared for consideration at a meeting. There shall be no charge for providing digital versions of documents (for example, PDFs) via electronic mail.
05.060. MINUTES
The clerk or secretary of each legislative body shall record the minutes for each regular and special meetings of the legislative body. The minutes shall state the time the meeting was called to order, the names of the members attending the meeting, the roll call vote on each matter considered at the meeting, the time the board or commission began and ended any closed session, a list of those members of the public who spoke on each matter if the speakers identified themselves, and the time the meeting was adjourned.
An action agenda of each meeting shall be posted to the city’s website 72 hour after the meeting. The officially adopted minutes shall be posted to the city’s website and made available for inspection and copying upon request no later than ten (10) working days after the meeting at which the minutes are adopted.
05.070. SUNSHINE ORDINANCE SUPERSEDES OTHER LOCAL LAWS
The provisions of this Sunshine Ordinance supersede other local laws. Whenever a conflict in local law is identified the requirement which would result in greater access to public information shall apply.
Next Steps
At this time, staff seeks direction from the City Council on assessing the proposed revisions to the Sunshine Ordinance.
FISCAL IMPACT
If approved, the Sunshine Ordinance will require some additional staff time and noticing costs but sufficient funds are available within the City Clerk’s Department to cover any costs associated with implementing and managing the proposed program.
ENVIRONMENTAL DETERMINATION
There is no environmental impact associated with this action.
Prepared By Kathleen Sessman, City Clerk/Communications Director Concurs With Not Applicable
Reviewed By Kathleen Sessman, City Clerk/Communications Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
Item #7. Page 5
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ATTACHMENTS:
A. Proposed Sunshine Ordinance
B. Public Hearing Notice - Sunshine Ordinance
C. PowerPoint - Sunshine Ordinance
Item #7. Page 6
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ORDINANCE _______
AN ORDINANCE OF THE CITY COUNCIL, AMENDING THE
GLENDORA MUNICIPAL CODE BY ADDING CHAPTER 2.05,
SUNSHINE ORDINANCE TO TITLE 2 OF THE CITY OF GLENDORA
MUNICIPAL CODE TO INCLUDE A “SUNSHINE” PROVISION TO
INCREASE TRANSPARENCY AND ACCOUNTABILITY IN
GOVERNMENT OPERATIONS AND ESTABLISHING LOCAL
STANDARDS TO ENSURE PUBLIC ACCESS TO PUBLIC MEETINGS
THE CITY COUNCIL
City of Glendora, California
WHEREAS, elected and appointed City officials, commissions, committees, boards, advisory bodies, task forces and other City of Glendora (the “City'') legislative bodies exist to conduct the people's business. This Sunshine Ordinance is intended to assure that the deliberations of these bodies and the city's operations are in full view of the public; and WHEREAS, it is the goal of this Sunshine Ordinance to ensure that residents of Glendora have timely access to information and an opportunity to address the various legislative bodies of the city prior to governmental decisions being made; and WHEREAS, this ordinance clarifies and supplements the Ralph M. Brown Act to ensure that the people of the city are fully informed so that they retain control over the instruments of local government in their city.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.05 entitled Sunshine Ordinance is hereby added to Title 2 of the Glendora Municipal Code, to read, in its entirety, as follows:
05.010. FINDINGS AND PURPOSE
Democracy in our representative form of government requires that the public have an opportunity to understand the government’s activities and to communicate its concerns to its elected and appointed representatives, and that those representatives have an adequate opportunity to consider those concerns and then act effectively and in a timely manner. This Sunshine Ordinance codifies the city's public policy concerning participation in the deliberations of the city's legislative bodies, and clarifies and supplements the Brown Act. It is an affirmation of good government and a continued commitment to open and democratic procedures. It is an effort to expand our residents' knowledge, participation and trust. As procedures of government change and evolve, so also must the laws designed to guarantee the process remains visible.
05.020. DEFINITIONS
(A) AGENDA - A document that informs the public about a meeting. published in advance of the meeting, which at a minimum: (i) identifies the legislative body conducting the meeting. (ii) specifies the time and location of the meeting and (iii) lists each item of business to be discussed or transacted and describes the proposed action for such item.
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Ordinance _____ Page 2 of 6
(B) AGENDA PACKET- A complete set of materials that includes the agenda and its relevant supporting documents.
(C) BROWN ACT - Government Code sections 54950 et. seq. as those sections may be amended from time to time.
(D) MEETING - Shall have the same meaning as defined in Section 54952.2 of the Government Code.
(E) LEGISLATIVE BODY - Shall have the same meaning as "legislative body" as defined in Section 54952 of the Government Code unless the definition in this subsection applies to a broader range of boards, commissions, committees or other bodies, and shall include the following:
(1) The city council.
(2) Any other board enumerated in the city code.
(3) Any board, commission, committee, or other body created by ordinance or resolution of the city council.
(4) Any committee consisting of city employees that was established by city council ordinance or resolution that specified that the meetings of such committee were to be open and public.
(F) SUPPORTING DOCUMENTS - All documents regardless of form, medium or author that are provided to members of a legislative body for their use in considering agenda items for a meeting.
05.030. CONDUCT OF BUSINESS, THE TIME AND PLACE OF MEETINGS (A) The city council shall establish by resolution the time and place for holding regular meetings for city council appointed boards and commissions (GMC 2.18.120). (B) If a meeting must be moved, canceled, continued or rescheduled for any reason, notice of such change shall be provided to the public as soon as is reasonably possible, including posting of a cancellation notice, and electronically mailed notice if sufficient time permits.
At no time, less than what is required by the Brown Act.
05.040. AGENDA REQUIREMENTS FOR REGULAR AND SPECIAL MEETINGS (A) Seven (7) days before a regular meeting of each legislative body, an agenda containing a meaningful description of each item of business to be transacted or discussed at the meeting shall be posted. Agendas shall specify for each item of business the proposed action and specify whether the item is for discussion, information, or receive-and-file only. These time requirements shall apply to posting in bulletin boards and on the Internet. (l) Notwithstanding subsection (A), items that may be agendized less than seven (7) days before a legislative body, include but are not limited to the following:
(a) Urgency items, where the public interest and necessity demand immediate city council action to avoid harm to or to safeguard life, health or property, or to mitigate severe economic impacts;
(b) Grant opportunities;
Item #7. Page 8
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Ordinance _____ Page 3 of 6
(c) Consideration of appeals, final maps or parcel maps or other items requiring timely consideration pursuant to statute or ordinance;
(d) Ceremonial items;
(e) Closed Session items as specified in the Brown Act; (f) Presentation and PowerPoint presented by outside agencies and/or organizations; and
(g) Items required to comply with timelines of other governmental agency. (B) A description is meaningful if it is sufficiently clear and specific to alert a person of average intelligence and education whose interests are affected by the item that they may have reason to attend the meeting or seek more information on the item. The description should be brief, concise and written in plain, easily understood. (C) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. (D) All agendas shall be posted at the City’s official posting locations, on the city's website, and on the city's cable channel. Complete agenda packets for each legislative body shall be posted on the city's website to the extent fiscally and technologically feasible, and available at the kiosk in the Glendora Public Library and Glendora City Clerk's department during normal business hours. The time for compliance with this subsection shall be in accordance with the time of the posting of the agenda for the meeting. (E) All supporting documents regarding an agenda item must be included in the agenda packet. (F) To provide the fullest opportunity on all matters coming before the city's legislative bodies, any staff presentations associated with an agenda item shall be made part of the agenda packet at the time of the posting of the agenda for the meeting. (G) No action or discussion shall be undertaken on any item not appearing on the posted agenda except that members of a city’s legislative bodies may respond to statements made or questions posed by persons exercising their public testimony rights, to the extent of asking a question for clarification, providing a reference to staff or other resources for factual information, or requesting staff to report back to the body at a subsequent meeting concerning the matter raised by such testimony.
(H) Notwithstanding subsection (G) the city’s legislative bodies may take action on items of business not appearing on the posted agenda under any of the following conditions:
(l) Upon a determination by a majority vote of the body that an accident natural disaster or work force disruption poses a threat to public health and safety. (2) Upon a good faith, reasonable determination by a two-thirds (2/3) vote of the legislative body, or, if less than two-thirds (2/3) of the members are present, a unanimous vote of those members present, that (a) the need to take immediate action on the item is so imperative as to threaten serious injury to the public interest if action were deferred to a subsequent special or regular meeting, or relates to a purely commendatory action, and (b) that the need for such action came to the attention of the legislative body subsequent to the agenda being post- ed as specified in subsection (A).
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(3) The item was on an agenda posted pursuant to subsection (A) for a prior meeting of the legislative body occurring not more than five (5) calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
(I) Information on the Sunshine Ordinance shall be provided on the City webpage, with hard copies provided free of charge upon request.
05.050. AGENDAS AND RELATED MATERIALS, PUBLIC RECORDS
(A) Agendas of meetings and any other documents on file with the clerk of the legislative body, when intended for distribution to all, or a majority of all, of the members of a legislative body in connection with a matter to be discussed or considered at an open session of a meeting shall be made available to the public. To the extent possible, such documents shall also be made available through the city’s website. However, this disclosure need not include any material exempt from public disclosure under the California Public Records Act, or any other state or federal law.
(B) Records which are subject to disclosure under subsection (A) and which are intended for distribution to a legislative body prior to commencement of a meeting shall be made available for public inspection and copying upon request prior to commencement of such meeting, whether or not actually distributed to or received by the body at the time of the request.
(C) Records which are subject to disclosure under subsection (A) and which are distributed during a meeting but prior to commencement of their discussion shall be made available for public inspection prior to commencement of, and during, their discussion. (D) Records which are subject to disclosure under subsection (A) and which are distributed during their discussion at a meeting shall be made available for public inspection immediately or as soon thereafter as is practicable.
(E) A legislative body may charge the direct cost of duplication for a copy of a public record prepared for consideration at a meeting. There shall be no charge for providing digital versions of documents (for example, PDFs) via electronic mail.
05.060. MINUTES
The clerk or secretary of each legislative body shall record the minutes for each regular and special meetings of the legislative body. The minutes shall state the time the meeting was called to order, the names of the members attending the meeting, the roll call vote on each matter considered at the meeting, the time the board or commission began and ended any closed session, a list of those members of the public who spoke on each matter if the speakers identified themselves, and the time the meeting was adjourned.
An action agenda of each meeting shall be posted to the city’s website 72 hour after the meeting.
The officially adopted minutes shall be posted to the city’s website and made available for inspection and copying upon request no later than ten (10) working days after the meeting at which the minutes are adopted.
Item #7. Page 10
Meeting Date: 3/28/2023 / Packet Page #: 68
Ordinance _____ Page 5 of 6
05.070. SUNSHINE ORDINANCE SUPERSEDES OTHER LOCAL LAWS
The provisions of this Sunshine Ordinance supersede other local laws. Whenever a conflict in local law is identified the requirement which would result in greater access to public information shall apply.
SECTION 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or application thereof is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect.
SECTION 3. Pursuant to Government Code § 36933(c)(l), a summary of this ordinance was prepared and published in a newspaper of general circulation with the names of the council members votes for and against the ordinance, and a certified copy of the full text of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.
SECTION 4. Within fifteen days after passage, the City Clerk shall cause a summary of this ordinance to be published in a newspaper of general circulation with the names of the council members votes for and against the ordinance, and a certified copy of the ordinance shall be posted in the City Clerk’s Department with the names of the council members voting for and against the ordinance.
SECTION 5. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof; and thirty (30) days after its passage, this ordinance shall take effect and be in force.
PASSED, APPROVED and ADOPTED this ___ day of ____, 2023.
City Council of Glendora, California
BY: __________________________________
GARY BOYER
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #7. Page 11
Meeting Date: 3/28/2023 / Packet Page #: 69
Ordinance _____ Page 6 of 6
CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the _____ day of ______, 2023. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of ______, 2023, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
I further certify that said Ordinance was published in its entirety as required by law in a newspaper of general circulation in the City of Glendora, California on the ______________ .
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #7. Page 12
Meeting Date: 3/28/2023 / Packet Page #: 70
NOTICE OF PUBLIC HEARING
CITY COUNCIL
YOU MAY BE AFFECTED BY THE FOLLOWING:
_____________________________________________
NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing in the City Council Chamber of City Hall, 116 E. Foothill Boulevard, Glendora, California, on March 28, 2023 at 7:00 p.m. to consider an Ordinance that will add Chapter 2.05 to Title 2 of the City of Glendora Municipal Code to include a “Sunshine” provision to increase transparency and accountability in government operations.
Any interested parties or their representative may appear at the meeting in person or virtually and provide public testimony on this matter. Written comments may also be submitted by mail, Attn:
City Clerk Department, 116 E. Foothill Blvd, Glendora, CA, 91741 and/or by email, [email protected], at any time prior to the hearing scheduled herein, for incorporation into the record. Written comments should reference the “subject matter, meeting date and legislative body.”
Further information on this item will be posted to the city’s website at CityofGlendora.org/citymeetings and available for inspection and copying for the cost of duplication, at the office of the City Clerk, 116 E. Foothill Blvd, Glendora as required by the Ralph M. Brown Act, California Government Code 54950 et seq. as applicable to this meeting.
If you challenge the subject matter 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 Clerk at, or prior to, the public hearing.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published San Gabriel Valley Examiner (Legal Ad): March 16, 2023
CERTIFICATION
I, hereby certify that I posted a copy of this Notice on the bulletin board outside the City Hall Council Chamber, 116 E. Foothill Boulevard on March 8, 2023.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Item #7. Page 13
Meeting Date: 3/28/2023 / Packet Page #: 71
Sunshine Ordinance
City Clerk’s Department
Regular Meeting
March 28, 2023
Kathleen R. Sessman, City Clerk/Communications Director CityOfGlendora.org Item #7. Page 14
Meeting Date: 3/28/2023 / Packet Page #: 72
2 OVERVIEW
Background
7 Principal Provisions
Four Pillars of Good Governance
Purpose
Sunshine Ordinance Elements
Item #7. Page 15
Meeting Date: 3/28/2023 / Packet Page #: 73
3 BACKGROUND
• What are sunshine laws ?
• 2020-23 Strategic Plan Objective 27-EMO
“Craft a “Sunshine” Ordinance, to clarify and supplement the Glendora Municipal Code, the Ralph M. Brown Act, and the California Public Records Act to assure that the people of Glendora can be fully informed by publishing agendas one week in advance of regularly scheduled public meetings. ”
Item #7. Page 16
Meeting Date: 3/28/2023 / Packet Page #: 74
1. Advanced Notice
2. Timely and Reasonable Access
3. Opportunity to present opinions, viewpoints and information
4. Decision-making bodies conduct meeting in full view of the public
4 Four Pillars of Good Governance
The public has:
Item #7. Page 17
Meeting Date: 3/28/2023 / Packet Page #: 75
“Democracy in our representative form of government
requires that the public have an opportunity to
understand the government’s activities and to
communicate its concerns to its elected and appointed
representatives, and that those representatives have an adequate opportunity to consider those concerns and then act effectively and in a timely manner.”
5 PURPOSE Item #7. Page 18
Meeting Date: 3/28/2023 / Packet Page #: 76
• Increase Transparency and participatory democracy;
• Intended to Supplement both the “Brown Act” and
“California Public Records Act;”
• Incorporate open government efforts and/or
initiatives;
6 PURPOSE Item #7. Page 19
Meeting Date: 3/28/2023 / Packet Page #: 77
7 PRINCIPAL PROVISIONS
1. Purpose
2. Definitions
3. Conduct of Business, Time and Place of Meetings
4. Agenda Requirements
5. Agenda and Related Materials, Public Records
6. Minutes
7. Supersedes Clause
Item #7. Page 20
Meeting Date: 3/28/2023 / Packet Page #: 78
8 ELEMENTS
1. 7-Day Publication of Regular Meeting Agenda Packets
2. All Supporting documents regarding an agenda item must be included in the agenda packet
3. Any staff presentations associated with an agenda item will be made part of the agenda packet at the time of the posting of the agenda.
4. Mandate Agenda Posting in Four (4) locations
City’s website, City Clerk’s Department, Glendora Public Library Kiosk and Crowther Teen Center
5. Establish Uniform standards for preparation of meeting minutes.
6. Establish deadlines for posting of an action agenda for each regular meeting - within 72 hours
Item #7. Page 21
Meeting Date: 3/28/2023 / Packet Page #: 79
9 RECOMMENDATIONS
1. Consider and provide direction to staff on the proposed Open Government Ordinance to improve openness and transparency in Glendora municipal government through the establishment of new local standards to supplement the provisions of the Ralph M. Brown Act and the Public Records Act; and,
2. If desired, introduce for first reading an Ordinance of the City Council entitled “AN
ORDINANCE OF THE CITY COUNCIL, AMENDING THE GLENDORA MUNICIPAL CODE BY ADDING CHAPTER 2.05, SUNSHINE ORDINANCE TO TITLE 2 OF THE CITY OF GLENDORA MUNICIPAL CODE TO INCLUDE A “SUNSHINE” PROVISION TO INCREASE
TRANSPARENCY AND ACCOUNTABILITY IN GOVERNMENT OPERATIONS AND
ESTABLISHING LOCAL STANDARDS TO ENSURE PUBLIC ACCESS TO PUBLIC MEETINGS.”
That the City Council:
Item #7. Page 22
Meeting Date: 3/28/2023 / Packet Page #: 80
CALL TO ORDER
The special meeting was called to order at 9:05 a.m.
ROLL CALL
Council Members present: Michael Allawos, David Fredendall, Mendell L. Thompson, Mayor Pro Tem Gary Boyer, and Mayor Karen K. Davis
Board/Commission Members present: Board of Library Trustee President Brianna Chew, Community Services Commission Chair Britanny Lewis-Porchia, Planning Commission Chair Paulette Koss and Business Improvement District (BID) Advisory Board Chair Dalel Snider Staff members present: City Manager Adam Raymond, City Attorney William Wynder, Assistant City Manager/Interim Public Works Director Moises Lopez, Police Chief Matt Egan, Community Development Director Jeff Kugel, Community Services Director John Aguirre, Administrative Services Director/City Treasurer Marie Ricci, Library Director Janet Stone, City Clerk/Communications Director Kathleen Sessman, Assistant Public Works Director (Utility) Chisom Obegolu, Assistant Public Works Director Michael Sledd, Captain Chris Stabio and Lieutenant Mick Randazzo
SPECIAL ITEMS
1. 2023-2026 Strategic Planning Workshop facilitated by Adam Raymond, Glendora City Manager Public Comment was received from the following: Glendora Chamber of Commerce President/CEO Joe Cina and Daniel Cayem.
The Strategic Planning Retreat was conducted and facilitated by City Manager Raymond, with the City of Glendora City Council, representative of City Boards and Commissions, and Executive Management Team. Participants reviewed the City’s vision statement and took action.
A motion was made by Karen K. Davis, seconded by Gary Boyer, to revise the City's current vision statement to include "safe" and will read as follows: Glendora will be an inclusive, charming, vibrant and safe community.
An oral roll call vote was conducted, and the motion failed 2 - 3 as follows: AYES: Karen K. Davis, Gary Boyer; NOES: Michael Allawos, David J. Fredendall, Mendell Thompson; ABSENT: (None); ABSTAIN: (None).
A motion was made by Michael Allawos, seconded by Mendell Thompson, to approve the following as the City's new vision statement, “The City of Glendora strives to maintain our distinct sense of community values that fosters an environment of innovation, resiliency, safety, sustainability, and inspiration for everyone.”
City of Glendora Minutes
Special Meeting - 2023-2026 Strategic
Planning Workshop
Thursday, March 9, 2023
Glendora Public Library Bidwell Forum, 140
S. Glendora Avenue
Virtually via Zoom ID 9329247224
Item #8. Page 1
Meeting Date: 3/28/2023 / Packet Page #: 81
Minutes Thursday, March 9, 2023 Page 2 of 2
City Council Meeting Special Meeting - 2023-2026 Strategic Planning Workshop An oral roll call vote was conducted, and the motion carried 4 - 1 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer; NOES: Karen K. Davis; ABSENT: (None); ABSTAIN: (None).
Participants received an overview of the 2020-2023 Three-Year Strategic Plan and extracts of unfinished items as of January 2023; and then reviewed the 2023-2025 “Draft” Strategic Plan goals, objectives and tasks and then prioritized/ranked objectives/tasks.
ADJOURNMENT
Meeting was adjourned at 4:02 p.m.
Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were affirmed on __________________.
Item #8. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 82
The City Council also serves as members of the Board of Directors? of the Successor Agency of the former Community Redevelopment Agency and Housing Authority, which are concurrently convening this evening.
CALL TO ORDER
The City Council, Successor Agency and Housing Authority meeting was called to order 6:00 p.m.
ROLL CALL
Members Present: Michael Allawos, Karen Davis, David Fredendall, Mayor Pro Tem/Vice-Chair Mendell Thompson, and Mayor/Chair Gary Boyer
Members Absent: None.
Staff present: City Manager/Executive Director Adam Raymond, City/Agency Attorney William Wynder, Assistant City Manager Moises Lopez, Administrative Services Director/City Treasurer Marie Ricci, Community Development Director Jeff Kugel, Community Services Director John Aguirre, Library Director Janet Stone (via Zoom), Information Technology Director Sam Robbin (via Zoom), City Clerk/Communications Director Kathleen Sessman, Captain Matt Williams, Housing and Economic Manager Valerie Velasquez, Management Analyst Alycia Suniga, Senior Planner Natalie Espinoza, Management Analyst Myla DeCastro, Assistant Public Works Director Michael Sledd, Civil Engineering Assistant James Lo, Transportation Manager Steven Mateer, Principal Civil Engineer Maliha Ansari, Assistant Public Works Director Chisom Obegolu, Assistant Director - Finance Kyle Johnson, Digital Media Specialist Craig Morton, Senior Digital Media Specialist Greg Morton and City Clerk Specialist Lorena Cordova
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code §54956.8, enable the City Council and Housing Authority to consider negotiations with Paul Rodriguez, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding that certain real property 1762 Dale Road, APN 8631-013-023. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property
Closed Session title was read into the record.
There was no one wishing to provide City Council for Closed Session items.
The meeting convened into Closed Session at 6:01 p.m., Closed Session was adjourned at 6:55 p.m. and convened back into Open Session at 7:02 p.m. with all members present.
City of Glendora Minutes
City Council, Successor Agency and
Housing Authority
Tuesday, March 14, 2023
Council Chamber, 116 E. Foothill Boulevard
Virtually via Zoom ID 9329247224
Item #8. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 83
Minutes Tuesday, March 14, 2023 Page 2 of 6
City Council Meeting City Council, Successor Agency and Housing Authority City Attorney Wynder reported the following Closed Session action: 1) The City Council was briefed on the status on ongoing negotiations to acquire the property at 1762 Dale Road, there was discussion on price and terms of pricing, a privilege and confidential briefing, questions and were asked and answered, Council requested for staff to return with additional information and there was no reportable action taken.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Pastor Bruce French of Cornerstone Bible Church.
The Pledge of Allegiance was led by Don Nolan.
REORDERING OF AND ADDITIONS TO THE AGENDA
There were no requests for reordering of and additions to the agenda.
PUBLIC COMMENT
2. Public Comments received
Public Comment was received from the following: Rich Patton.
MEMBER STATEMENTS/REPORTS
Councilmember Fredendall commented on the Glendora Villages temporary traffic design.
Mayor Pro Tem Thompson reported on the failed banks; thanked Councilmember Davis for the March 4, 2023 event on “Identifying+ Addressing Microagressions Re-Imagining a more inclusive Glendora Together.”
Mayor Boyer reported on his attendance at the Empty Bowls, Trivia Challenge, and Wine Walk this past weekend and requested to close tonight’s Council meeting in memory on Dennis Willut and Fred McGeehee.
Councilmember Allawos wished his wife a happy birthday; commented on the City’s March 9, 2023 Strategic Planning Workshop; requested Transportation Manager Mateer provide information on the traffic enhancement in the Downtown Village.
CITY MANAGER AND CITY ATTORNEY STATEMENTS
There was no statements or reports given.
SPECIAL ITEMS
3. Antique Street Light Update
An update was provided.
Item #8. Page 4
Meeting Date: 3/28/2023 / Packet Page #: 84
Minutes Tuesday, March 14, 2023 Page 3 of 6
City Council Meeting City Council, Successor Agency and Housing Authority
PUBLIC HEARINGS
4. A Public Hearing to Consider a Resolution Amending the Master Schedule of Fees for Fiscal Year 2022-23 Relating to Outdoor Dining
Public Hearing title was read into the record and opened.
Staff report and PowerPoint was presented.
Public testimony was received from the following: Marie Bitonti, Fred Sparling, John Harrold, Joe Cina, Hyudmita Geigoyan, Don Nolan, and Matt Russell.
City Council discussion included questions proposed fees and how they compared with other cities; the current recession and challenges being faced by restaurant; benefits of the parklets; Business Improvement District (BID) Advisory Board involvement and stance on the proposed fees; cost structure, start date and possible payment plan option; pros and cons of fee; outdoor dining in surrounding communities; cost recovery and how that’s determined; parklet manual and application; parklets being exclusive; city liability and maintaining and cleaning.
Councilmember Allawos requested to reopen public comment to receive public testimony, request was seconded by Mayor Boyer. An oral roll call vote was conducted, and the motion carried 4 - 1 as follows:
AYES: Michael Allawos, Karen K. Davis, David J. Fredendall, Gary Boyer; NOES: Mendell Thompson; ABSENT: (None); ABSTAIN: (None).
Additional Public Testimony was received from the following: Don Nolan, Fred Sparling, and Michelle Bitonti.
Public Hearing was declared closed.
A motion was made by David J. Fredendall, seconded by Michael Allawos, to continue the Public Hearing item to the March 28, 2023 City Council meeting, and directed staff to require a $100 fee for the application processing and electricity with no other fees at this time and to add the associated manual and application to the report.
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Karen K. Davis, David J. Fredendall, Mendell Thompson, Gary Boyer; NOES: (None); ABSENT:
(None); ABSTAIN: (None).
5. A Public Hearing to consider a Resolution to Approve a Tentative Parcel Map No. 83617 to Subdivide an existing lot located at 445 North Oak Drive (and 960 West Leadora Avenue), Glendora, California, into two separate individual lots (Project Number PLN21-0027; Applicant:
Dmitriy Kazakov; Property Owner: John B. Cashion)
Public Hearing title was read into the record and opened.
Staff report and PowerPoint was presented.
Applicant presentation was given by Demitrity Kazakov.
There was no one wishing to provide public testimony.
Item #8. Page 5
Meeting Date: 3/28/2023 / Packet Page #: 85
Minutes Tuesday, March 14, 2023 Page 4 of 6
City Council Meeting City Council, Successor Agency and Housing Authority City Council discussion included questions regarding why it is the applicant's responsibility to remove the dirt island on Oak Drive to fix; State of California’s involvement in local zoning; lot split; and SB9.
Public Hearing was declared closed.
A motion was made by Michael Allawos, seconded by David J. Fredendall, to 1. Adopt a Categorical Exemption pursuant to the California Environmental Quality Act for the project; and 2. Adopt a City Council Resolution CC 2023-15 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. 83617 TO SUBDIVIDE AN EXISTING LOT LOCATED AT 445 NORTH OAK DRIVE (AND 960 WEST
LEADORA AVENUE), GLENDORA, CALIFORNIA INTO TWO SEPARATE, INDIVIDUAL LOTS (PROJECT NO. PLN21-0027) (APPLICANT: DMITRIY KAZAKOV; PROPERTY OWNER:
JOHN B. CASHION)."
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Karen K. Davis, David J. Fredendall, Mendell Thompson, Gary Boyer; NOES: (None); ABSENT:
(None); ABSTAIN: (None).
6. A Public Hearing to consider a Proposed Five-Year Consolidated Plan (2023 - 2028) and Proposed Annual Action Plan FY 2023-2024 for the Community Development Block Grant (CDBG) Program
Public Hearing title was read into the record and opened.
Staff report and PowerPoint was presented.
There was no one wishing to provide public testimony.
City Council discussion included questions asked regarding clarification on administrative costs/fees.
Public Hearing was declared closed.
A motion was made by Michael Allawos, seconded by Mendell Thompson, to 1. Establish the priority needs for the City of Glendora's Five-Year Consolidated Plan 2023-2028; 2. Review and accept the activity and projects to be included in the CDBG Annual Action Plan for FY 2023-2024; and 3.
Commence the required 30-day public comment period.
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Karen K. Davis, David J. Fredendall, Mendell Thompson, Gary Boyer; NOES: (None); ABSENT:
(None); ABSTAIN: (None).
CONSENT CALENDAR
A motion was made by Michael Allawos, seconded by Mendell Thompson, to approve Consent Calendar Items #7 - #8 as presented affirming the actions appropriate to each item.
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Karen K. Davis, David J. Fredendall, Mendell Thompson, Gary Boyer; NOES: (None); ABSENT:
(None); ABSTAIN: (None).
Item #8. Page 6
Meeting Date: 3/28/2023 / Packet Page #: 86
Minutes Tuesday, March 14, 2023 Page 5 of 6
City Council Meeting City Council, Successor Agency and Housing Authority
7. Affirm minutes from February 28, 2023 Regular Joint Meeting The City Council, Successor Agency and Housing Authority affirmed the minutes as presented.
8. Review and Affirm disbursements for February 2023 in the amount of $4,502,599.69 The City Council reviewed and affirmed disbursements for February 2023 in the amount of $4,502,599.69.
UNFINISHED BUSINESS
9. Approve the proposed increase in the Contract Amount for Water Emergency On-Call Services for FY 22-23 by a Total Amount Not to Exceed $225,000 (Strategic Plan Item 8-IFSS) A motion was made by David J. Fredendall, seconded by Karen K. Davis, to 1. Approve an Increase in the Contract Amount for Emergency On-Call Services for FY 22-23 with T.E. Roberts, Inc., J. De Sigio Construction, Inc., and Big Ben Engineering by $75,000 each, for a total not to exceed amount of $225,000 for each contract; and 2. Authorize the City Manager or his designee to execute Amendment No. 4 with T.E. Roberts, J. De Sigio Construction, and Big Ben Engineering including minimal and/or non-substantive changes.
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Karen K. Davis, David J. Fredendall, Mendell Thompson, Gary Boyer; NOES: (None); ABSENT:
(None); ABSTAIN: (None).
NEW BUSINESS
10. Award the contract to Gentry Brothers, Inc. for Cumberland Rd., Palomar Dr., Lone Hill Ave., Amelia Ave., Country Club Dr., and Country Club Vista Water and Street Improvements, Plan Nos. 1341-1345 in the amount of $3,095,880 (Strategic Plan Item 46-IMCIF) A motion was made by Mendell Thompson, seconded by Michael Allawos, to 1. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c) of the California Code of Regulations; 2. Approve the Plans and Specifications, including Addendum No. 1 for Cumberland Rd., Palomar Dr., Lone Hill Ave., Amelia Ave., Country Club Dr., and Country Club Vista St. Water and Street Improvements, Plan Nos. 1341-1345; 3. Award the construction contract to Gentry Brothers, Inc. for Cumberland Rd., Palomar Dr., Lone Hill Ave., Amelia Ave., Country Club Dr., and Country Club Vista St. Water and Street Improvements, Plan Nos. 1341-1345 in the amount of $3,095,880; 4. Authorize the City Manager or his designee to execute the agreement with Gentry Brothers, Inc., including minimal and/or non-substantive changes; 5. Authorize the Administrative Services Director to appropriate $434,308 from the Water Capital Projects Fund 530 towards the project budget; and 6. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Karen K. Davis, David J. Fredendall, Mendell Thompson, Gary Boyer; NOES: (None); ABSENT:
(None); ABSTAIN: (None).
Item #8. Page 7
Meeting Date: 3/28/2023 / Packet Page #: 87
Minutes Tuesday, March 14, 2023 Page 6 of 6
City Council Meeting City Council, Successor Agency and Housing Authority
11. Award the Contract for Pedestrian Enhancement at Elementary Schools - HSIP Cycle 9, Plan No. 1318 to F.S. Contractors, Inc in the amount of $453,800 (Strategic Plan Item 46-IMCIF) A motion was made by Mendell Thompson, seconded by David J. Fredendall, to 1. Approve the Plans and Specifications for Pedestrian Enhancement at Elementary Schools - HSIP Cycle 9, Plan No. 1318;
2. Award the contract for Pedestrian Enhancement at Elementary Schools - HSIP Cycle 9, Plan No. 1318, to F.S. Contractors, Inc. in the amount of $453,800; 3. Authorize the City Manager or his designee to execute the agreement with F.S. Contractors, Inc., including minimal and/or non-substantive changes; and 4. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, Karen K. Davis, David J. Fredendall, Mendell Thompson, Gary Boyer; NOES: (None); ABSENT:
(None); ABSTAIN: (None).
MEMBER/STAFF CLOSING COMMENTS
Councilmember Allawos wished everyone a Happy St. Paddy's Day.
ADJOURNMENT
Meeting adjourned at 9:11 p.m. in memory of Dennis Willut and Fred McGeehee.
Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on ________.
Item #8. Page 8
Meeting Date: 3/28/2023 / Packet Page #: 88
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: FINANCE DISTRICT(S): CITYWIDE
SUBJECT: CITY OF GLENDORA AND GLENDORA SUCCESSOR AGENCY INVESTMENT REPORT FOR FEBRUARY 2023
RECOMMENDATION
That the City/Agency Council:
1. Receive and file the Monthly Investment Activity Report for February 2023.
EXECUTIVE SUMMARY
The City’s book value of cash and investments for February 2023 totaled $130,476,833. This is a decrease of $247,512 (0.2%) compared to the previous month. The City purchased South Hills property for access to a water reservoir in the month of February in the amount of $413,288.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to Section 19 of the City’s FY 2022-23 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
There were three investment purchases (consisting of US Agencies and Certificates of Deposit) for the month of February totaling $1,490,000; there was one security that matured at $490,000, and two Limited Term Government Funds sold for the purchase of one of the previously mentioned items, resulting in neither a gain nor a loss.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ENVIRONMENTAL DETERMINATION
Not applicable
Prepared By Jonathan Logue, Accounting Technician
Concurs With Not Applicable
Reviewed By Kyle Johnson, Assistant Director - Finance
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. February 2023 Investment Report
Item #9. Page 1
Meeting Date: 3/28/2023 / Packet Page #: 89
Item #9. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 90
CHEN/GIORDANO/CRAWFORD
213-972-1457
Financial Advisor:
Pasadena, CA 911013003Branch office:251 South Lake Avenue10th Floor UBS Client Reviewas of February 27, 2023
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Important information about this report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Item #9. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 91
Asset allocation review
Consolidated report prepared for City of Glendora
as of February 27, 2023
Summary of asset allocation
Market
value ($)
% of
Portfolio
Cash 25,450,444.73 20.19
Cash 25,450,444.73 20.19
US 25,450,444.73 20.19
Fixed Income 100,584,914.53 79.81
US 100,584,914.53 79.81
US Fixed Income 18,259,893.51 14.49Government 54,568,734.70 43.30Municipals 254,456.30 0.20Corporate IG Credit 27,501,830.02 21.82 Equity 0.00 0.00Commodities 0.00 0.00Non-Traditional 0.00 0.00Other 0.00 0.00 Total Portfolio $126,035,359.26 100%Balanced mutual funds are allocated in the 'Other' categoryAssets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 2 of 31 Item #9. Page 4
Meeting Date: 3/28/2023 / Packet Page #: 92
Sources of portfolio value
Consolidated report prepared for City of Glendora
as of February 27, 2023$ Millions
MTD
01/31/2023 to
02/27/2023
QTD
12/31/2022 to
02/27/2023
ITD
02/23/2022 to
02/27/2023
YTD
12/31/2022 to
02/27/2023
Opening value 102,218,005.48 96,238,141.84 96,238,141.84 40,589,214.16Net deposits/withdrawals 0.00 5,115,334.27 5,115,334.27 65,453,267.34Div./interest income 168,009.53 246,340.71 246,340.71 1,299,083.84Change in accr. interest -48,530.31 -18,862.54 -18,862.54 229,767.34Change in value -1,017,923.05 -261,392.63 -261,392.63 -6,251,771.05Closing value 101,319,561.65 101,319,561.65 101,319,561.65 101,319,561.65Net Time-weighted ROR -0.88 0.01 0.01 -4.82Performance returns are annualized after 1 year. Net deposits and withdrawals include program and account fees.Benchmarks - Annualized time-weighted returnsUS Treasury Bill - 3 Mos 0.34 0.68 0.68 2.17BofA Corp/Gov 1-5Y -1.17 0.01 0.01 -3.67 BBG Agg Bond -2.65 0.35 0.35 -8.81Past performance does not guarantee future results and current performance may be lower/higher than past data presented.Report created on: February 28, 2023 Page 3 of 31 Item #9. Page 5
Meeting Date: 3/28/2023 / Packet Page #: 93
Bond summary
Consolidated report prepared for City of Glendora
as of February 27, 2023Bond overviewTotal quantity 108,747,000Total market value $100,287,879.68Total accrued interest $297,034.85Total market value plus accrued interest $100,584,914.53Total estimated annual bond interest $1,712,988.25Average yield to maturityAverage coupon 1.61%
5.02%1.71%5.02%
Average current yieldAverage yield to worstAverage modified duration 2.33Average effective maturity 2.52 Investment type allocationInvestment type Taxable ($) Total ($) Tax-exempt /
deferred ($)
% of
bond
port.
Certificates of deposit 18,259,893.51 0.00 18,259,893.51 18.15Municipals 254,456.29 0.00 254,456.29 0.25U.S. corporates 27,501,830.02 0.00 27,501,830.02 27.34U.S. federal agencies 51,289,258.41 0.00 51,289,258.41 50.99U.S. treasuries 3,279,476.30 0.00 3,279,476.30 3.26Total $100,584,914.53 $0.00 $100,584,914.53 100% Credit quality of bond holdings
Effective credit rating
% of
port.
Value on
Issues 02/27/2023 ($)
A Aaa/AAA/AAA 34 54,549,364.70 54.27B Aa/AA/AA 4 4,057,401.29 4.02C A/A/A 16 23,718,255.02 23.56D Baa/BBB/BBB 0 0.00 0.00E Non-investment grade 0 0.00 0.00F Certificate of deposit 80 18,259,893.51 18.16G Not rated 0 0.00 0.00Total 134 $100,584,914.53 100% Bond maturity schedule
$ Millions
Cash, mutual funds and some preferred securities are not included.
Includes all fixed income securities in the selected porfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 4 of 31 Item #9. Page 6
Meeting Date: 3/28/2023 / Packet Page #: 94
Portfolio holdings
Consolidated report prepared for City of Glendora
as of February 27, 2023Summary of Portfolio Holdings
Unrealized
Cost basis ($) gain/loss (%)
Est. annual
income ($)
Unrealized
gain/loss ($)
Value on
02/27/2023 ($)
Current
yield (%)
% of
Portfolio
A Cash 24,881,570.25 25,450,444.73 0.00 0.00% 25,030.48 0.10% 20.19% Cash 24,881,570.25 25,450,444.73 0.00 0.00% 25,030.48 0.10% 20.19% US 24,881,570.25 25,450,444.73 0.00 0.00% 25,030.48 0.10% 20.19% B Fixed Income 105,595,262.92 100,584,914.53 -8,401,201.51 -7.96% 1,712,988.25 1.70% 79.81% US 105,595,262.92 100,584,914.53 -8,401,201.51 -7.96% 1,712,988.25 1.70% 79.81% US Fixed Income 18,916,771.97 18,259,893.51 -1,143,452.19 -6.04% 364,301.00 2.00% 14.49% Government 56,470,043.41 54,568,734.70 -4,551,131.80 -8.06% 822,006.50 1.51% 43.30% Municipals 0.00 254,456.30 0.00 0.00% 12,872.50 5.14% 0.20% Corporate IG Credit 30,208,447.54 27,501,830.02 -2,706,617.52 -8.96% 513,808.25 1.87% 21.82% C Equity 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00%
D Commodities 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00%E Non-Traditional 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00%F Other 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00%Total Portfolio $130,476,833.17 $126,035,359.26 $-8,401,201.51 -6.44% $1,738,018.73 1.38% 100% Balanced mutual funds are allocated in the 'Other' category Report created on: February 28, 2023 Page 5 of 31
Item #9. Page 7
Meeting Date: 3/28/2023 / Packet Page #: 95
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Details of portfolio holdings
% of
asset
class
Est. annual
Cost basis ($) income ($)
Unrealized
gain/loss
(%)
Unrealized
Market value ($) gain/loss ($)
Current
yield (%)
Total Portfolio $130,476,833.17 $126,035,359.26 $-8,401,201.51 -6.44% $1,738,018.73 1.38% 100% 100% % of
Portfolio
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Cash Avg Price Market value ($)
Price on
02/27/2023
($)
% of
Cash
% of
Portfolio
CashUSOutside ASSET (1) 1.00 22,788,302.23 22,788,302.23 0.00 0.00% 0.00 0.00% 89.54% 18.08%[Outside Account @SXXXX279]
1.00 Outside ASSET (1) 1.00 1,927,495.38 1,927,495.38 0.00 0.00% 0.00 0.00% 7.57% 1.53%[Outside Account @SXXXX283]
1.00 UBS INSURED SWEEP PROGRAM 103,545.07 1.00 1.00 103,545.07 103,545.07 0.00 0.00% 0.00 0.00% 0.41% 0.08% UBS SELECT TREASURY 568,874.48 0.00 0.00 568,874.48 0.00 0.00% 25,030.48 4.40% 0.45%INSTITUTIONAL FUND
1.00 2.24%
USD CASH 62,227.57 1.00 1.00 62,227.57 62,227.57 0.00 0.00% 0.00 0.00% 0.24% 0.05%Total US $24,881,570.25 $25,450,444.73 $0.00 0.00% $25,030.48 100.00 0.10% 20.19%Total Cash $24,881,570.25 $25,450,444.73 $0.00 0.00% $25,030.48 100.00 0.10% 20.19%Total Cash $24,881,570.25 $25,450,444.73 $0.00 0.00% $25,030.48 100.00 0.10% 20.19% Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
USUS Fixed Income
ALLY BK UT US RT 03.5500% 245,000.00 100.00 245,000.00 237,260.05 0.00 -7,739.95 -3.16% 8,697.50 3.69% 0.19%MAT 06/30/26 FIXED RATE CD
96.27 0.24%
AMERICAN COMM BK GA US RT 245,000.00 100.00 245,000.00 218,455.42 0.00 -26,544.58 -10.83% 980.00 0.45% 0.17%00.4000% MAT 09/22/25 FIXEDRATE CD
89.16 0.22%
ANN ARBOR ST BK MI US RT 245,000.00 100.00 245,000.00 244,568.16 0.00 -431.84 -0.18% 6,737.50 2.76% 0.19%02.7500% MAT 04/20/23 FIXEDRATE CD
99.77 0.24%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 6 of 31 Item #9. Page 8
Meeting Date: 3/28/2023 / Packet Page #: 96
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
BANK OF NEW ENGLAN NH US 245,000.00 100.00 245,000.00 240,099.26 0.00 -4,900.74 -2.00% 6,982.50 2.91% 0.19%RT 02.8500% MAT 02/15/24FIXED RATE CD
97.91 0.24%
BANK3 TENNESSEE TN US RT 245,000.00 100.00 245,000.00 219,027.25 0.00 -25,972.75 -10.60% 980.00 0.45% 0.17%00.4000% MAT 08/28/25 FIXEDRATE CD
89.37 0.22%
BANKUNITED NA FLOR FL US RT 245,000.00 100.00 245,000.00 218,175.62 0.00 -26,824.38 -10.95% 2,327.50 1.07% 0.17%00.9500% MAT 03/31/26 FIXEDRATE CD
88.98 0.22%
BAY ST SVGS BK MA US RT 245,000.00 100.00 245,000.00 240,110.24 0.00 -4,889.76 -2.00% 4,165.00 1.74% 0.19%01.7000% MAT 11/29/23 FIXEDRATE CD
97.59 0.24%
BEAL BANK - PLANO TX US RT 245,000.00 100.00 245,000.00 239,131.18 0.00 -5,868.82 -2.40% 5,390.00 2.27% 0.19%02.2000% MAT 04/17/24 FIXEDRATE CD
96.82 0.24%
BELL ST B&T ND US RT 01.6000% 245,000.00 100.00 245,000.00 229,040.70 0.00 -15,959.30 -6.51% 3,920.00 1.71% 0.18%MAT 02/27/25 FIXED RATE CD
93.49 0.23%
BK HAPOALIM BM NY US RT 245,000.00 100.00 245,000.00 217,627.96 0.00 -27,372.04 -11.17% 1,225.00 0.56% 0.17%00.5000% MAT 12/15/25 FIXEDRATE CD
88.73 0.22%
BMO HARRIS BK NA IL US RT 245,000.00 100.00 245,000.00 217,696.26 0.00 -27,303.74 -11.14% 1,960.00 0.90% 0.17%00.8000% MAT 03/18/26 FIXEDRATE CD
88.70 0.22%
BMW BANK NORTH AME UT US 245,000.00 100.09 245,213.91 232,117.77 -100.54 -13,096.14 -5.34% 4,410.00 1.92% 0.18%RT 01.8000% MAT 03/04/25FIXED RATE CD
93.87 0.23%
BOKF NA OK US RT 04.7500% 245,000.00 100.00 245,000.00 244,260.44 0.00 -739.56 -0.30% 11,637.50 4.77% 0.19%MAT 02/17/27 FIXED RATE CD
99.57 0.24%
CAPITAL ONE BK USA VA US RT 245,000.00 100.00 245,000.00 216,007.47 0.00 -28,992.53 -11.83% 2,817.50 1.31% 0.17%01.1500% MAT 11/24/26 FIXEDRATE CD
87.87 0.21%
CAPITAL ONE NA VA US RT 245,000.00 100.00 245,000.00 216,007.47 0.00 -28,992.53 -11.83% 2,817.50 1.31% 0.17%01.1500% MAT 11/24/26 FIXEDRATE CD
87.87 0.21%
CELTIC BK UT US RT 03.0000% 245,000.00 100.00 245,000.00 244,365.38 0.00 -634.62 -0.26% 7,350.00 3.01% 0.19%MAT 05/18/23 FIXED RATE CD
99.67 0.24%
CENTERSTATE BK NA FL US RT 245,000.00 100.00 245,000.00 225,862.48 0.00 -19,137.52 -7.81% 2,450.00 1.09% 0.18%01.0000% MAT 04/30/25 FIXEDRATE CD
91.86 0.22%
CFG COMMUNITY BANK MD US 245,000.00 100.00 245,000.00 238,562.81 0.00 -6,437.19 -2.63% 9,310.00 3.91% 0.19%RT 03.8000% MAT 03/11/26FIXED RATE CD
97.21 0.24%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 7 of 31 Item #9. Page 9
Meeting Date: 3/28/2023 / Packet Page #: 97
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
CHAMBERS BANK AK US RT 108,000.00 100.00 108,000.00 96,566.64 0.00 -11,433.41 -10.59% 378.00 0.39% 0.13%00.3500% MAT 09/22/25 FIXEDRATE CD
89.26 0.10%
CITADEL FED CREDIT PA US RT 245,000.00 100.00 245,000.00 229,271.00 0.00 -15,729.00 -6.42% 4,042.50 1.76% 0.18%01.6500% MAT 02/27/25 CREDITUNION SHARE CERT
93.58 0.23%
CITIBANK NA SD US RT 245,000.00 100.00 245,000.00 247,582.40 0.00 2,582.40 1.05% 6,982.50 2.85% 0.20%02.8500% MAT 03/29/23 FIXEDRATE CD
99.88 0.25%
CITIZENS ST BK CLA WI US RT 219,000.00 100.00 219,000.00 207,519.48 0.00 -11,480.52 -5.24% 3,723.00 1.80% 0.16%01.7000% MAT 10/31/24 FIXEDRATE CD
94.63 0.21%
COMMERCIAL BK TN US RT 245,000.00 100.00 245,000.00 244,186.57 0.00 -813.43 -0.33% 7,595.00 3.11% 0.19%03.1000% MAT 05/25/23 FIXEDRATE CD
99.65 0.24%
COMMUNITY BK TN US RT 245,000.00 100.00 245,000.00 219,054.73 0.00 -25,945.27 -10.59% 980.00 0.45% 0.17%00.4000% MAT 08/26/25 FIXEDRATE CD
89.41 0.22%
COMMUNITYWIDE FED IN US RT 245,000.00 100.00 245,000.00 236,508.97 0.00 -8,491.03 -3.47% 5,512.50 2.33% 0.19%02.2500% MAT 06/28/24 FIXEDRATE CD
96.37 0.24%
CONNEXUS CREDIT UN WI US RT 245,000.00 100.00 245,000.00 230,851.72 0.00 -14,148.28 -5.77% 735.00 0.32% 0.18%00.3000% MAT 05/28/24 CREDITUNION SHARE CERT
94.20 0.23%
DISCOVER BANK DE US RT 245,000.00 100.00 245,000.00 233,053.50 0.00 -11,946.50 -4.88% 7,840.00 3.39% 0.18%03.2000% MAT 05/24/27 FIXEDRATE CD
94.29 0.23%
EAGLEMARK SVGS BK NV US RT 245,000.00 100.36 245,893.79 223,475.14 -210.47 -22,418.65 -9.12% 4,900.00 2.22% 0.18%02.0000% MAT 03/02/27 FIXEDRATE CD
90.24 0.22%
ENCORE BANK AR US RT 245,000.00 100.00 245,000.00 223,609.79 0.00 -21,390.21 -8.73% 1,960.00 0.88% 0.18%00.8000% MAT 05/15/25 FIXEDRATE CD
91.24 0.22%
ENERBANK UT US RT 00.6500% 245,000.00 100.00 245,000.00 222,561.05 0.00 -22,438.95 -9.16% 1,592.50 0.72% 0.18%MAT 06/19/25 FIXED RATE CD
90.83 0.22%
FIRST CAROLINA BK NC US RT 245,000.00 100.00 245,000.00 222,361.13 0.00 -22,638.87 -9.24% 1,470.00 0.66% 0.18%00.6000% MAT 06/26/25 FIXEDRATE CD
90.76 0.22%
FIRST N/B MCGREG TX US RT 245,000.00 100.00 245,000.00 239,900.71 0.00 -5,099.29 -2.08% 6,982.50 2.91% 0.19%02.8500% MAT 02/21/24 FIXEDRATE CD
97.86 0.24%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 8 of 31 Item #9. Page 10
Meeting Date: 3/28/2023 / Packet Page #: 98
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
FIRST NATL BK KS US RT 245,000.00 100.00 245,000.00 233,942.78 0.00 -11,057.22 -4.51% 4,532.50 1.94% 0.19%01.8500% MAT 08/30/24 FIXEDRATE CD
95.35 0.23%
FIRST ST BK AR US RT 01.8000% 245,000.00 100.00 245,000.00 233,757.32 0.00 -11,242.68 -4.59% 4,410.00 1.89% 0.19%MAT 08/30/24 FIXED RATE CD
95.28 0.23%
FLAGSTAR BANK, FSB MI US RT 245,000.00 100.00 245,000.00 226,150.20 0.00 -18,849.80 -7.69% 2,572.50 1.14% 0.18%01.0500% MAT 04/30/25 FIXEDRATE CD
91.96 0.22%
GOLD COAST BANK IL US RT 245,000.00 100.00 245,000.00 245,511.31 0.00 511.31 0.21% 6,370.00 2.60% 0.19%02.6000% MAT 02/28/23 FIXEDRATE CD 100.00 0.24%
GOLDMAN SACHS BANK NY US 245,000.00 100.00 245,000.00 247,118.88 0.00 2,118.88 0.86% 7,227.50 2.96% 0.20%RT 02.9500% MAT 04/18/23FIXED RATE CD
99.80 0.25%
GREAT STHN BK MO US RT 245,000.00 100.00 245,000.00 242,864.34 0.00 -2,135.66 -0.87% 11,025.00 4.54% 0.19%04.5000% MAT 10/20/25 FIXEDRATE CD
99.04 0.24%
GREENSTATE CREDIT IA US RT 245,000.00 100.00 245,000.00 217,840.94 0.00 -27,159.06 -11.09% 2,327.50 1.07% 0.17%00.9500% MAT 04/16/26 FIXEDRATE CD
88.85 0.22%
HOME LN INVT BK RI US RT 245,000.00 100.00 245,000.00 219,050.81 0.00 -25,949.19 -10.59% 980.00 0.45% 0.17%00.4000% MAT 08/29/25 FIXEDRATE CD
89.38 0.22%
HOME SAVINGS BANK UT US RT 245,000.00 100.00 245,000.00 240,210.55 0.00 -4,789.45 -1.95% 6,982.50 2.91% 0.19%02.8500% MAT 02/12/24 FIXEDRATE CD
97.93 0.24%
HORIZON BK NE US RT 01.3000% 245,000.00 100.00 245,000.00 226,795.86 0.00 -18,204.14 -7.43% 3,185.00 1.40% 0.18%MAT 04/15/25 FIXED RATE CD
92.53 0.23%
JPMORGAN CHASE BK OH US RT 245,000.00 100.00 245,000.00 220,952.44 0.00 -24,047.56 -9.82% 1,715.00 0.78% 0.18%00.7000% MAT 09/30/25 FIXEDRATE CD
89.90 0.22%
LAFAYETTE FED CRED MD US RT 245,000.00 100.00 245,000.00 231,470.73 0.00 -13,529.27 -5.52% 7,962.50 3.44% 0.18%03.2500% MAT 06/15/27 LICUSHARE CERTIFICATE
94.37 0.23%
LIVE OAK BKG CO NC US RT 245,000.00 100.00 245,000.00 214,291.67 0.00 -30,708.33 -12.53% 1,960.00 0.92% 0.17%00.8000% MAT 08/13/26 FIXEDRATE CD
87.41 0.21%
MCHENRY SVGS BK IL US RT 245,000.00 100.00 245,000.00 231,784.80 0.00 -13,215.20 -5.39% 4,287.50 1.85% 0.18%01.7500% MAT 11/29/24 FIXEDRATE CD
94.47 0.23%
MEDALLION BK UT US RT 245,000.00 100.00 245,000.00 220,608.27 0.00 -24,391.73 -9.96% 1,347.50 0.61% 0.18%00.5500% MAT 07/30/25 FIXEDRATE CD
90.00 0.22%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 9 of 31 Item #9. Page 11
Meeting Date: 3/28/2023 / Packet Page #: 99
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
MEMBERSOURCE CR UN TX US 245,000.00 100.00 245,000.00 245,778.76 0.00 778.76 0.32% 11,270.00 4.60% 0.20%RT 04.6000% MAT 05/04/23CREDIT UNION SHARE CERT 100.03 0.24%
MERRICK BK UT US RT 01.6500% 245,000.00 100.00 245,000.00 239,948.23 0.00 -5,051.77 -2.06% 4,042.50 1.69% 0.19%MAT 10/31/23 FIXED RATE CD
97.82 0.24%
METRO CREDIT UNION MA US RT 245,000.00 100.00 245,000.00 218,706.83 0.00 -26,293.17 -10.73% 4,165.00 1.91% 0.17%01.7000% MAT 02/18/27 LICUSHARE CERTIFICATE
89.15 0.22%
MONEY ONE FED CRED MD US 248,000.00 102.35 253,823.66 238,817.24 -8,461.57 -15,006.42 -5.91% 4,960.00 2.10% 0.19%RT 02.0000% MAT 09/23/24FIXED RATE CD
95.44 0.24%
MORGAN STANLEY BK UT US RT 245,000.00 0.00 0.00 241,903.43 0.00 0.00 0.00% 10,412.50 4.32% 0.19%04.2500% MAT 02/02/26 FIXEDRATE CD
98.45 0.24%
MORGAN STANLEY PRV NY US 245,000.00 100.00 245,000.00 234,407.17 0.00 -10,592.83 -4.32% 4,900.00 2.09% 0.19%RT 02.0000% MAT 08/22/24FIXED RATE CD
95.65 0.23%
MORTON CMNTY BK IL US RT 245,000.00 100.00 245,000.00 222,551.02 0.00 -22,448.98 -9.16% 1,470.00 0.66% 0.18%00.6000% MAT 06/19/25 FIXEDRATE CD
90.82 0.22%
NEIGHBORS FED CRED LA US RT 245,000.00 100.00 245,000.00 246,093.30 0.00 1,093.30 0.45% 8,085.00 3.33% 0.20%03.3000% MAT 09/28/23 FIXEDRATE CD
99.07 0.24%
NEW YORK CMNTY BK NY US RT 245,000.00 100.00 245,000.00 214,774.72 0.00 -30,225.28 -12.34% 1,715.00 0.80% 0.17%00.7000% MAT 07/01/26 FIXEDRATE CD
87.55 0.21%
OCEANFIRST BK NA NJ US RT 245,000.00 100.00 245,000.00 240,544.05 0.00 -4,455.95 -1.82% 7,962.50 3.33% 0.19%03.2500% MAT 07/01/24 FIXEDRATE CD
97.65 0.24%
PACIFIC CREST SVGS WA US RT 245,000.00 100.00 245,000.00 226,117.98 0.00 -18,882.02 -7.71% 2,940.00 1.30% 0.18%01.2000% MAT 04/30/25 FIXEDRATE CD
92.20 0.22%
PACIFIC WSTN BK CA US RT 245,000.00 100.00 245,000.00 228,282.71 0.00 -16,717.29 -6.82% 3,307.50 1.46% 0.18%01.3500% MAT 04/16/25 FIXEDRATE CD
92.68 0.23%
PENTAGON FED CREDI VA US RT 245,000.00 100.00 245,000.00 218,512.85 0.00 -26,487.15 -10.81% 4,165.00 1.91% 0.17%01.7000% MAT 02/18/27 CREDITUNION SHARE CERT
89.15 0.22%
PRIME ALLIANCE BK UT US RT 245,000.00 100.00 245,000.00 244,397.90 0.00 -602.10 -0.25% 7,840.00 3.22% 0.19%03.2000% MAT 06/29/23 FIXEDRATE CD
99.50 0.24%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 10 of 31 Item #9. Page 12
Meeting Date: 3/28/2023 / Packet Page #: 100
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
RAYMOND JAMES BK N FL US RT 245,000.00 100.00 245,000.00 233,527.62 0.00 -11,472.38 -4.68% 4,410.00 1.90% 0.19%01.8000% MAT 11/08/24 FIXEDRATE CD
94.77 0.23%
SALLIE MAE BANK UT US RT 245,000.00 100.00 245,000.00 239,733.17 0.00 -5,266.83 -2.15% 8,207.50 3.43% 0.19%03.3500% MAT 08/05/24 FIXEDRATE CD
97.63 0.24%
SAN FRANCISCO FED CA US RT 245,000.00 100.00 245,000.00 226,078.65 0.00 -18,921.35 -7.72% 2,695.00 1.19% 0.18%01.1000% MAT 03/27/25 LICUSHARE CERTIFICATE
92.28 0.22%
SAVOY BK NY US RT 00.8000% 245,000.00 100.00 245,000.00 223,667.08 0.00 -21,332.92 -8.71% 1,960.00 0.88% 0.18%MAT 05/13/25 FIXED RATE CD
91.26 0.22%
SOMERSET TRUST CO PA US RT 245,000.00 100.00 245,000.00 225,823.65 0.00 -19,176.35 -7.83% 2,450.00 1.09% 0.18%01.0000% MAT 03/19/25 FIXEDRATE CD
92.15 0.22%
SPRING BK NY US RT 02.7500% 245,000.00 100.00 245,000.00 244,353.20 0.00 -646.80 -0.26% 6,737.50 2.76% 0.19%MAT 04/27/23 FIXED RATE CD
99.74 0.24%
STATE BANK OF INDI NY US RT 245,000.00 100.00 245,000.00 218,939.82 0.00 -26,060.18 -10.64% 2,205.00 1.01% 0.17%00.9000% MAT 03/25/26 FIXEDRATE CD
88.98 0.22%
STOCKMAN BK MT US RT 245,000.00 100.00 245,000.00 224,554.41 0.00 -20,445.59 -8.35% 1,470.00 0.66% 0.18%00.6000% MAT 06/10/25 FIXEDRATE CD
91.53 0.22%
SYNCHRONY BANK UT US RT 245,000.00 100.00 245,000.00 232,669.92 0.00 -12,330.08 -5.03% 4,900.00 2.12% 0.18%02.0000% MAT 03/25/25 FIXEDRATE CD
94.12 0.23%
TEXAS EXCHANGE BK TX US RT 245,000.00 100.00 245,000.00 217,921.56 0.00 -27,078.44 -11.05% 1,470.00 0.67% 0.17%00.6000% MAT 10/23/25 FIXEDRATE CD
88.94 0.22%
THIRD FED S&L ASSN OH US RT 245,000.00 100.00 245,000.00 233,688.82 0.00 -11,311.18 -4.62% 4,777.50 2.06% 0.19%01.9500% MAT 11/25/24 FIXEDRATE CD
94.88 0.23%
TOYOTA FINL SVG BK NV US RT 245,000.00 100.00 245,000.00 218,196.06 0.00 -26,803.94 -10.94% 2,205.00 1.01% 0.17%00.9000% MAT 04/22/26 FIXEDRATE CD
88.74 0.22%
UBS BANK UT US RT 00.8500% 245,000.00 100.00 245,000.00 215,775.46 0.00 -29,224.54 -11.93% 2,082.50 0.97% 0.17%MAT 06/16/26 FIXED RATE CD
88.05 0.21%
UNIVERSITY OF IOWA IA US RT 245,000.00 100.00 245,000.00 244,962.51 0.00 -37.49 -0.02% 7,350.00 3.01% 0.19%03.0000% MAT 04/28/23 FIXEDRATE CD
99.77 0.24%
USALLIANCE FED CRE NY US RT 245,000.00 100.00 245,000.00 219,172.57 0.00 -25,827.43 -10.54% 1,225.00 0.56% 0.17%00.5000% MAT 09/29/25 FIXEDRATE CD
89.38 0.22%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 11 of 31 Item #9. Page 13
Meeting Date: 3/28/2023 / Packet Page #: 101
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
VALLEY STRONG CRED CA US RT 240,000.00 100.00 240,000.00 233,337.24 0.00 -6,662.76 -2.78% 6,840.00 2.93% 0.19%02.8500% MAT 06/21/24 FIXEDRATE CD
97.18 0.23%
VYSTAR CREDIT UNIO FL US RT 205,000.00 102.36 209,840.61 203,423.55 -14,010.05 -6,417.06 -3.06% 7,482.50 3.69% 0.16%03.6500% MAT 12/11/23 LICUSHARE CERTIFICATE
98.95 0.20%
WEBBANK UT US RT 00.3500% 245,000.00 100.00 245,000.00 231,332.09 0.00 -13,667.91 -5.58% 857.50 0.37% 0.18%MAT 05/28/24 FIXED RATE CD
94.33 0.23%
WORKERS CREDIT UNI MA US RT 245,000.00 0.00 0.00 244,670.29 0.00 0.00 0.00% 12,005.00 4.91% 0.19%04.9000% MAT 01/26/24 LICUSHARE CERTIFICATE
99.85 0.24%
Total US Fixed Income $18,916,771.97 $18,259,893.51 $-22,782.63 $-1,143,452.19 -6.04% $364,301.00 18.15% 2.00% 14.49% Government
FEDERAL FARM CREDIT BANK 2,000,000.00 100.00 2,000,000.00 1,864,863.33 0.00 -135,136.67 -6.76% 19,400.00 1.04% 1.48%00.970 % DUE 120924 DTD120921 FC 06092022
93.03 1.85%
FFCB BOND 00.210 % DUE 2,000,000.00 100.00 2,000,000.00 1,919,730.00 0.00 -80,270.00 -4.01% 4,200.00 0.22% 1.52%122123 DTD 122120 FC06212021
95.95 1.91%
FFCB BOND 00.440 % DUE 2,000,000.00 100.00 2,000,000.00 1,861,804.44 0.00 -138,195.56 -6.91% 8,800.00 0.47% 1.48%092324 DTD 092321 FC03232022
92.90 1.85%
FFCB BOND 00.600 % DUE 2,000,000.00 100.00 2,000,000.00 1,816,426.67 0.00 -183,573.33 -9.18% 12,000.00 0.66% 1.44%061625 DTD 061621 FC12162021
90.70 1.81%
FFCB BOND 00.600 % DUE 2,000,000.00 100.00 2,000,000.00 1,786,160.00 0.00 -213,840.00 -10.69% 12,000.00 0.67% 1.42%112425 DTD 112420 FC05242021
89.15 1.78%
FFCB BOND 00.610 % DUE 2,000,000.00 100.00 2,000,000.00 1,822,785.56 0.00 -177,214.44 -8.86% 12,200.00 0.67% 1.45%052325 DTD 082321 FC11232021
90.98 1.81%
FFCB BOND 00.660 % DUE 2,000,000.00 100.00 2,000,000.00 1,807,980.00 0.00 -192,020.00 -9.60% 13,200.00 0.73% 1.43%091525 DTD 091521 FC03152022
90.10 1.80%
FFCB BOND 00.680 % DUE 2,000,000.00 100.00 2,000,000.00 1,826,862.22 0.00 -173,137.78 -8.66% 13,600.00 0.75% 1.45%051925 DTD 051921 FC11192021
91.16 1.82%
FFCB BOND 00.710 % DUE 2,000,000.00 100.00 2,000,000.00 1,833,830.00 0.00 -166,170.00 -8.31% 14,200.00 0.78% 1.46%042125 DTD 042121 FC10212021
91.44 1.82%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 12 of 31 Item #9. Page 14
Meeting Date: 3/28/2023 / Packet Page #: 102
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
FFCB BOND 01.840 % DUE 2,000,000.00 100.00 2,000,000.00 1,801,148.89 0.00 -198,851.11 -9.94% 36,800.00 2.05% 1.43%012627 DTD 012622 FC07262022
89.90 1.79%
FFCB NTS 00.940 % DUE 092826 2,000,000.00 100.00 2,000,000.00 1,762,281.11 0.00 -237,718.89 -11.89% 18,800.00 1.07% 1.40%DTD 092821 FC 03282022
87.73 1.75%
FHLB BOND 00.625 % DUE 2,000,000.00 100.00 2,000,000.00 1,814,739.17 0.00 -185,260.83 -9.26% 12,500.00 0.69% 1.44%063025 DTD 063021 FC12302021
90.64 1.80%
FHLB BOND 01.050 % DUE 1,000,000.00 96.84 968,385.25 883,648.33 0.00 -84,736.92 -8.75% 10,500.00 1.19% 0.70%081326 DTD 081321 FC02132022
88.32 0.88%
FHLB BOND 01.780 % DUE 2,000,000.00 100.00 2,000,000.00 1,801,021.11 0.00 -198,978.89 -9.95% 35,600.00 1.98% 1.43%021027 DTD 021022 FC08102022
89.97 1.79%
FHLB BOND 02.010 % DUE 3,215,000.00 95.65 3,075,098.40 2,915,624.56 0.00 -159,473.84 -5.19% 64,621.50 2.22% 2.31%022527 DTD 022522 FC08252022
90.68 2.90%
FHLB BOND 05.400 % DUE 2,000,000.00 100.00 2,000,005.25 1,999,940.00 -0.01 -65.25 0.00% 108,000.00 5.40% 1.59%022428 DTD 022423 FC08242023
99.95 1.99%
FHLB BOND 05.450 % DUE 490,000.00 0.00 0.00 490,210.03 0.00 0.00 0.00% 26,705.00 5.51% 0.40%031627 DTD 121622 FC03162023
98.97 0.49%
FHLB BOND STEP-UP 00.750 % 2,000,000.00 100.00 2,000,000.00 1,793,795.00 0.00 -206,205.00 -10.31% 15,000.00 0.84% 1.42%DUE 063026 DTD 063021 FC12302021
89.57 1.78%
FHLB NTS 0.7500% DUE 063026 2,000,000.00 100.00 2,000,000.00 1,802,155.00 0.00 -197,845.00 -9.89% 15,000.00 0.83% 1.43%DTD 063021 FC 12302021
89.99 1.79%
FHLB NTS 0.7500% DUE 082626 2,000,000.00 100.00 2,000,000.00 1,767,341.67 0.00 -232,658.33 -11.63% 15,000.00 0.85% 1.40%DTD 082621 FC 02262022
88.37 1.76%
FHLB NTS 1.0500% DUE 033026 2,000,000.00 100.00 2,000,000.00 1,810,615.00 0.00 -189,385.00 -9.47% 21,000.00 1.17% 1.44%DTD 033021 FC 09302021
90.10 1.80%
FHLMC MED TERM NTS 00.500 1,000,000.00 99.85 998,500.00 904,422.22 0.00 -94,077.78 -9.42% 5,000.00 0.55% 0.72%% DUE 072325 DTD 072320 FC01232021
90.40 0.90%
FHLMC MED TERM NTS 00.730 2,000,000.00 100.00 2,000,000.00 1,829,969.44 0.00 -170,030.56 -8.50% 14,600.00 0.80% 1.45%% DUE 052825 DTD 052820 FC11282020
91.32 1.82%
FHLMC MED TERM NTS 03.050 2,000,000.00 100.00 2,000,000.00 1,953,057.22 0.00 -46,942.78 -2.35% 61,000.00 3.14% 1.55%% DUE 062824 DTD 062822 FC12282022
97.15 1.94%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 13 of 31 Item #9. Page 15
Meeting Date: 3/28/2023 / Packet Page #: 103
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
FHLMC MED TERM NTS 05.100 1,000,000.00 0.00 0.00 982,455.00 0.00 0.00 0.00% 51,000.00 5.21% 0.78%% DUE 012728 DTD 013023 FC07272023
97.86 0.98%
FHLMC MED TERM NTS 05.300 1,175,000.00 0.00 0.00 1,177,158.08 0.00 0.00 0.00% 62,275.00 5.31% 0.93%% DUE 012726 DTD 012723 FC07272023
99.74 1.17%
FNMA NTS 00.500 % DUE 1,000,000.00 100.00 999,950.00 900,180.56 0.00 -99,769.44 -9.98% 5,000.00 0.56% 0.71%081425 DTD 081420 FC02142021
90.00 0.89%
FNMA NTS 00.540 % DUE 2,000,000.00 100.00 2,000,000.00 1,792,960.00 0.00 -207,040.00 -10.35% 10,800.00 0.60% 1.42%102725 DTD 102720 FC04272021
89.47 1.78%
FNMA NTS 00.560 % DUE 2,000,000.00 100.00 2,000,000.00 1,785,311.11 0.00 -214,688.89 -10.73% 11,200.00 0.63% 1.42%111725 DTD 111720 FC05172021
89.11 1.77%
FNMA NTS 04.125 % DUE 988,000.00 99.59 983,948.13 986,509.36 0.00 2,561.23 0.26% 40,755.00 4.22% 0.78%082825 DTD 083022 FC02282023
97.82 0.98%
INTL FIN CORP NTS 00.500 % 2,000,000.00 100.00 2,000,000.00 1,794,273.33 0.00 -205,726.67 -10.29% 10,000.00 0.56% 1.42%DUE 051526 DTD 052821 FC11152021
89.57 1.78%
US TSY NOTE 01.125 % DUE 1,000,000.00 98.21 982,052.13 894,048.20 0.00 -88,003.93 -8.96% 11,250.00 1.26% 0.71%10/31/26 DTD 10/31/21 FC04/30/22
89.04 0.89%
US TSY NOTE 01.750 % DUE 1,500,000.00 97.67 1,465,036.50 1,422,410.80 0.00 -42,625.70 -2.91% 26,250.00 1.85% 1.13%12/31/24 DTD 12/31/19 FC06/30/20
94.55 1.41%
US TSY NOTE 02.375 % DUE 1,000,000.00 99.71 997,067.75 963,017.29 0.00 -34,050.46 -3.42% 23,750.00 2.47% 0.76%08/15/24 DTD 08/15/14 FC02/15/15
96.22 0.96%
Total Government $56,470,043.41 $54,568,734.70 $-0.01 $-4,551,131.80 -8.06% $822,006.50 54.25% 1.51% 43.30% Municipals
SULPHUR SPRINGS CAL UNI TAX 250,000.00 0.00 0.00 254,456.30 0.00 0.00 0.00% 12,872.50 5.14% 0.20%SR F BE/R/ 5.149 090124DTD 110322 100.15 0.25%
Total Municipals $0.00 $254,456.30 $0.00 $0.00 0.00% $12,872.50 5.14% 0.26% 0.20%Corporate IG Credit AMAZON COM INC NTS B/E 1,000,000.00 100.22 1,002,211.15 915,996.67 -2,616.90 -86,214.48 -8.60% 8,000.00 0.88% 0.73%00.800% 060325 DTD060320CALL@MW+10BP
91.41 0.91%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 14 of 31 Item #9. Page 16
Meeting Date: 3/28/2023 / Packet Page #: 104
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
CATERPILLAR FINL SERVICE 2,026,000.00 101.65 2,059,396.92 1,882,353.22 -37,130.84 -177,043.70 -8.60% 29,377.00 1.57% 1.49%01.450% 051525 DTD051520FC111520 CALL@MW+20BP
92.50 1.87%
CHARLES SCHWAB CORP NTS 2,000,000.00 99.49 1,989,860.00 1,770,800.00 0.00 -219,060.00 -11.01% 18,000.00 1.02% 1.41%00.900% 031126 DTD121120FC031121 CALL@MW+10BP
88.13 1.76%
COMCAST CORP NEW B/E 1,000,000.00 106.37 1,063,680.52 961,455.00 -55,602.47 -102,225.52 -9.61% 33,750.00 3.51% 0.76%03.375% 081525 DTD052715FC081515 CALL@MW+20BP
96.03 0.96%
E I DU PONT DE NEMOURS 2,141,000.00 101.77 2,178,982.62 1,974,458.74 -27,898.68 -204,523.87 -9.39% 36,397.00 1.85% 1.57%01.700% 071525 DTD051520FC011521 CALL@MW+25BP
92.02 1.96%
HONEYWELL INTL NTS B/E 1,122,000.00 101.83 1,142,511.36 1,077,284.56 -38,610.10 -65,226.80 -5.71% 25,806.00 2.40% 0.85%02.300% 081524 DTD080819CALL@MW+10BP
95.94 1.07%
IBM CORP NTS B/E 03.000% 1,664,000.00 102.65 1,708,094.55 1,631,552.00 -94,932.28 -76,542.55 -4.48% 49,920.00 3.09% 1.29%051524 DTD051519 FC111519CALL@MW+15BP
97.20 1.62%
INTEL CORP NTS B/E 03.400% 1,054,000.00 105.87 1,115,855.93 1,034,485.78 -71,994.87 -81,370.15 -7.29% 35,836.00 3.52% 0.82%032525 DTD032520CALL@MW+45BP
96.71 1.03%
JOHN DEERE CAPITAL CORP 1,124,000.00 102.84 1,155,952.59 1,066,803.39 -37,157.68 -89,149.20 -7.71% 23,042.00 2.17% 0.85%02.050% 010925 DTD010920FC070920 NTS B/E
94.64 1.06%
JOHN DEERE CPTL CORP 2,000,000.00 100.11 2,002,281.33 1,774,753.33 -1,625.19 -227,528.00 -11.36% 14,000.00 0.79% 1.41%00.700% 011526 DTD010721FC071521 MED TERM NTS
88.66 1.76%
JPMORGAN CHASE & CO 1,200,000.00 100.00 1,200,000.00 1,036,082.67 0.00 -163,917.33 -13.66% 9,600.00 0.93% 0.82%00.800% 022626 DTD022621FC082621 MED TERM NTS
86.34 1.03%
JPMORGAN CHASE & CO B/E 1,017,000.00 103.86 1,056,290.56 982,942.08 -53,731.42 -73,348.48 -6.94% 31,781.25 3.24% 0.78%03.125% 012325 DTD012315FC072315
96.36 0.98%
MASTERCARD INC NTS B/E 2,000,000.00 101.74 2,034,865.74 1,904,493.33 -47,915.96 -130,372.41 -6.41% 40,000.00 2.12% 1.51%02.000% 030325 DTD120319FC030320 CALL@MW+10BP
94.26 1.89%
MICROSOFT CORP B/E 02.700% 1,000,000.00 104.19 1,041,855.40 963,085.00 -52,691.45 -78,770.40 -7.56% 27,000.00 2.81% 0.76%021225 DTD021215 FC081215CALL@MW+12.5BP
96.20 0.96%
MORGAN STANLEY FIN LLC 2,000,000.00 100.00 2,000,000.00 1,647,100.00 0.00 -352,900.00 -17.64% 21,000.00 1.27% 1.31%01.050% 082726 DTD082721FC022722 MED TERM NTS
82.36 1.64%
(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 15 of 31 Item #9. Page 17
Meeting Date: 3/28/2023 / Packet Page #: 105
Consolidated report prepared for City of Glendora
Portfolio holdings - as of February 27, 2023 (continued) Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
Fixed Income as of 02/27/2023
Price on
02/27/2023
($)
% of
Fixed
Income
% of
Portfolio
US
TARGET CORP NTS B/E 02.250% 2,000,000.00 102.93 2,058,592.88 1,906,400.00 -73,933.11 -152,192.88 -7.39% 45,000.00 2.38% 1.51%041525 DTD033120 FC101520CALL@MW+30BP
94.50 1.90%
TOYOTA MOTOR CRDT CORP 2,000,000.00 99.45 1,988,920.00 1,872,454.44 0.00 -116,465.56 -5.86% 12,500.00 0.67% 1.49%00.625% 091324 DTD091321FC031322 NTS B/E
93.34 1.86%
TRUIST BANK NTS B/E 02.150% 1,386,000.00 101.44 1,405,992.21 1,320,993.14 -32,449.54 -84,999.08 -6.05% 29,799.00 2.27% 1.05%120624 DTD120619 FC060620
94.83 1.31%
UNITED HEALTH GROUP INC 2,000,000.00 100.16 2,003,103.78 1,778,336.67 -1,664.10 -224,767.11 -11.22% 23,000.00 1.30% 1.41%01.150% 051526 DTD051921FC111521 CALL@MW+07.50BP
88.59 1.77%
Total Corporate IG Credit $30,208,447.54 $27,501,830.02 $-629,954.59 $-2,706,617.52 -8.96% $513,808.25 27.34% 1.87% 21.82%Total US $105,595,262.92 $100,584,914.53 $-652,737.23 $-8,401,201.51 -7.96% $1,712,988.25 100.00 1.70% 79.81% Total Fixed Income $105,595,262.92 $100,584,914.53 $-652,737.23 $-8,401,201.51 -7.96% $1,712,988.25 100.00 1.70% 79.81% Total Portfolio $130,476,833.17 $126,035,359.26 $-8,401,201.51 -6.44% $1,738,018.73 1.38% 100% 100% Unrealized
gain/loss
(%)
Unrealized
gain/loss ($)
% of
asset
class
Est. annual
Cost basis ($) income ($)
Current
Market value ($) yield (%)
% of
Portfolio
Total accrued interest (included in market values): $297,034.85(1) Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Report created on: February 28, 2023 Page 16 of 31 Item #9. Page 18
Meeting Date: 3/28/2023 / Packet Page #: 106
Bond holdings
Consolidated report prepared for City of Glendora
as of February 27, 2023Summary of bond holdingsMaturityYear Yield to
maturity (%)
Yield to
worst (%)
Unrealized
Issues gain/loss ($) Mkt. value ($)
Est. annual
income ($)
Adjusted
cost basis ($)
Modified
duration
Current
Quantity yield (%) % of bond portfolio maturing
2023 15 5,390,000 103,435.00 1.96% 4.87 % 4.87 % 0.47 5,394,840.61 -106,981.81 5,302,130.412024 29 19,549,000 374,555.50 2.01% 5.16 % 5.16 % 1.45 19,095,446.03 -475,500.37 18,685,658.002025 51 44,073,000 556,338.75 1.37% 4.95 % 4.95 % 2.23 44,473,296.35 -3,953,653.23 40,659,426.872026 27 27,560,000 315,262.50 1.29% 5.18 % 5.18 % 3.09 26,085,682.49 -1,564,518.49 24,577,820.192027 10 9,175,000 204,396.50 2.44% 4.70 % 4.70 % 3.73 8,545,992.19 -184,394.09 8,377,484.072028 2 3,000,000 159,000.00 5.34% 5.47 % 5.47 % 4.30 2,000,005.25 977,664.75 2,982,395.002029 0 0 NA NA NA2030 0 0 NA NA NA2031 0 0 NA NA NA2032 0 0 NA NA NA2033 0 0 NA NA NA2034 0 0 NA NA NA2035 0 0 NA NA NA2036 0 0 NA NA NA2037 0 0 NA NA NA2038 0 0 NA NA NA2039 0 0 NA NA NA2040 0 0 NA NA NA2041 0 0 NA NA NA2042 0 0 NA NA NA2043 0 0 NA NA NA2044 0 0 NA NA NA2045 0 0 NA NA NA2046 0 0 NA NA NA2047 0 0 NA NA NA2048 0 0 NA NA NA2049 0 0 NA NA NA2050 0 0 NA NA NA2051 0 0 NA NA NA2052 0 0 NA NA NA2052 + 0 0 NA NA NAOther 0 0 NA NA NATotal 134 108,747,000 $1,712,988.25 1.71% 5.02 % 5.02 % 2.33 $105,595,262.92 $-5,307,383.24 $100,584,914.53Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 17 of 31 Item #9. Page 19
Meeting Date: 3/28/2023 / Packet Page #: 107
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)
Effective rating/
Underlying rating
(Mdy/Fitch/S&P)
Mkt. value ($)/
Accr. interest ($)
Adjusted
cost basis ($)/
Unreal. g/l ($)
Call date/
Coupon Call price ($)
Modified
duration
YTM (%)/
YTW (%)
Est. annual
income ($)/
Quantity Curr. yield (%)
Effective
maturity
% of
bond
port.
Market
price ($)
Details of bond holdings
5.02%5.02%
09/03/2025 NA 2.33 $105,595,262. NA $100,287,879.68
$-5,307,383.24
108,747,00
1.71% $297,034.85
1.61% $1,712,988.25 100%
$100,584,914.53
Total Bond PortfolioMaturing 2023
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 99.995
523.56
2.60%
2.60% -12.25
02/28/2023 0.00 244,987.75 0.24%
4.42%
GOLD COAST BANK IL US RT 6,370.00 4.42%02.6000% MAT 02/28/23 FIXEDRATE CD /IL CD
245,000 245,000.00 99.875
2,888.65
2.85%
2.85% -306.25
03/29/2023 0.08 244,693.75 0.24%
4.33%
CITIBANK NA SD US RT 02.8500% 6,982.50 4.33%MAT 03/29/23 FIXED RATE CD /SD CD
245,000 245,000.00 99.798
2,613.78
2.95%
2.96% -494.90
04/18/2023 0.14 244,505.10 0.24%
4.39%
GOLDMAN SACHS BANK NY US RT 7,227.50 4.39%02.9500% MAT 04/18/23 FIXEDRATE CD /NY CD
245,000 245,000.00 99.771
129.21
2.75%
2.76% -561.05
04/20/2023 0.14 244,438.95 0.24%
4.37%
ANN ARBOR ST BK MI US RT 6,737.50 4.37%02.7500% MAT 04/20/23 FIXEDRATE CD /MI CD
245,000 245,000.00 99.736
0.00 2.75%
2.76% -646.80
04/27/2023 0.16 244,353.20 0.24%
4.39%
SPRING BK NY US RT 02.7500% 6,737.50 4.39%MAT 04/27/23 FIXED RATE CD /NY CD
245,000 245,000.00 99.771
523.56
3.00%
3.01% -561.05
04/28/2023 0.16 244,438.95 0.24%
4.40%
UNIVERSITY OF IOWA IA US RT 7,350.00 4.40%03.0000% MAT 04/28/23 FIXEDRATE CD /IA CD
245,000 245,000.00 100.028
710.16
4.60%
4.60% 68.60
05/04/2023 0.18 245,068.60 0.24%
4.44%
MEMBERSOURCE CR UN TX US RT 11,270.00 4.44%04.6000% MAT 05/04/23 CREDITUNION SHARE CERT /TX CD
245,000 245,000.00 99.667
181.23
3.00%
3.01% -815.85
05/18/2023 0.22 244,184.15 0.24%
4.53%
CELTIC BK UT US RT 03.0000% 7,350.00 4.53%MAT 05/18/23 FIXED RATE CD /UT CD
245,000 245,000.00 99.651
41.62 3.10%
3.11% -855.05
05/25/2023 0.24 244,144.95 0.24%
4.58%
COMMERCIAL BK TN US RT 7,595.00 4.58%03.1000% MAT 05/25/23 FIXEDRATE CD /TN CD
245,000 245,000.00 99.500
622.90
3.20%
3.22% -1,225.00
06/29/2023 0.33 243,775.00 0.24%
4.71%
PRIME ALLIANCE BK UT US RT 7,840.00 4.71%03.2000% MAT 06/29/23 FIXEDRATE CD /UT CD
245,000 245,000.00 99.072
3,366.90
3.30%
3.33% -2,273.60
09/28/2023 0.56 242,726.40 0.24%
4.92%
NEIGHBORS FED CRED LA US RT 8,085.00 4.92%03.3000% MAT 09/28/23 FIXEDRATE CD /LA CD
245,000 245,000.00 97.816
299.03
1.65%
1.69% -5,350.80
10/31/2023 NA 239,649.20 0.24%
NA
MERRICK BK UT US RT 01.6500% 4,042.50 NAMAT 10/31/23 FIXED RATE CD /UT CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 18 of 31 Item #9. Page 20
Meeting Date: 3/28/2023 / Packet Page #: 108
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2023 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 97.585
1,026.99
1.70%
1.74% -5,916.75
11/29/2023 0.73 239,083.25 0.24%
5.00%
BAY ST SVGS BK MA US RT 4,165.00 5.00%01.7000% MAT 11/29/23 FIXEDRATE CD /MA CD
205,000 209,840.61 98.951
574.00
3.65%
3.69% -6,991.06
12/11/2023 0.77 202,849.55 0.20%
5.02%
VYSTAR CREDIT UNIO FL US RT 7,482.50 5.02%03.6500% MAT 12/11/23 LICUSHARE CERTIFICATE /FL CD
2,000,000 2,000,000.00 95.948
770.00
0.21%
0.22% -81,040.00
12/21/2023 0.79 1,918,960.00 1.91%
5.35%
4,200.00 5.35%
NR/NR/NR
FFCB BOND 00.210 % DUE 122123 Aaa/AAA/AA+DTD 122120 FC 06212021 Total 2023 5,390,000 1.94% 08/27/2023 $103,435.00
1.96%
4.87%4.87%
0.47 $5,394,840.61
$-106,981.81
$5,287,858.80
$14,271.61
5.27%
Maturing 2024
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 0.00 99.852
32.89 4.90%
4.91% 244,637.40
01/26/2024 0.89 244,637.40 0.24%
5.07%
WORKERS CREDIT UNI MA US RT 12,005.00 5.07%04.9000% MAT 01/26/24 LICUSHARE CERTIFICATE /MA CD
245,000 245,000.00 97.928
286.95
2.85%
2.91% -5,076.40
02/12/2024 0.93 239,923.60 0.24%
5.09%
HOME SAVINGS BANK UT US RT 6,982.50 5.09%02.8500% MAT 02/12/24 FIXEDRATE CD /UT CD
245,000 245,000.00 97.906
229.56
2.85%
2.91% -5,130.30
02/15/2024 0.95 239,869.70 0.24%
5.08%
BANK OF NEW ENGLAN NH US RT 6,982.50 5.08%02.8500% MAT 02/15/24 FIXEDRATE CD /NH CD
245,000 245,000.00 97.864
133.91
2.85%
2.91% -5,233.20
02/21/2024 0.96 239,766.80 0.24%
5.09%
FIRST N/B MCGREG TX US RT 6,982.50 5.09%02.8500% MAT 02/21/24 FIXEDRATE CD /TX CD
245,000 245,000.00 96.821
1,919.73
2.20%
2.27% -7,788.55
04/17/2024 1.09 237,211.45 0.24%
5.11%
BEAL BANK - PLANO TX US RT 5,390.00 5.11%02.2000% MAT 04/17/24 FIXEDRATE CD /TX CD
1,664,000 1,708,094.55 97.200
14,144.00
3.00%
3.09% -90,686.55
05/15/2024 1.16 1,617,408.00 1.61%
5.40%
49,920.00 5.40%
NR/NR/NR
IBM CORP NTS B/E 03.000% A3/WD/A051524 DTD051519 FC111519CALL@MW+15BP 245,000 245,000.00 94.203
54.37 0.30%
0.32% -14,202.65
05/28/2024 1.24 230,797.35 0.23%
5.11%
CONNEXUS CREDIT UN WI US RT 735.00 5.11%00.3000% MAT 05/28/24 CREDITUNION SHARE CERT /WI CD
245,000 245,000.00 94.334
213.79
0.35%
0.37% -13,881.70
05/28/2024 02/28/2023 1.22 231,118.30 0.23%
5.09%5.09%
100.00
WEBBANK UT US RT 00.3500% 857.50MAT 05/28/24 FIXED RATE CD /UT CD
240,000 240,000.00 97.177
112.44
2.85%
2.93% -6,775.20
06/21/2024 03/21/2023 1.28 233,224.80 0.23%
5.08%5.08%
100.00
VALLEY STRONG CRED CA US RT 6,840.0002.8500% MAT 06/21/24 FIXEDRATE CD /CA CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 19 of 31 Item #9. Page 21
Meeting Date: 3/28/2023 / Packet Page #: 109
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2024 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 96.374
392.67
2.25%
2.33% -8,883.70
06/28/2024 1.28 236,116.30 0.24%
5.09%
COMMUNITYWIDE FED IN US RT 5,512.50 5.09%02.2500% MAT 06/28/24 FIXEDRATE CD /IN CD
2,000,000 2,000,000.00 97.153
9,997.22
3.05%
3.14% -56,940.00
06/28/2024 03/28/2023 1.28 1,943,060.00 1.94%
5.28%5.28%
100.00
61,000.00
NR/NR/NR
FHLMC MED TERM NTS 03.050 % Aaa/AAA/AA+DUE 062824 DTD 062822 FC12282022 245,000 245,000.00 97.647
1,308.90
3.25%
3.33% -5,764.85
07/01/2024 1.29 239,235.15 0.24%
5.08%
OCEANFIRST BK NA NJ US RT 7,962.50 5.08%03.2500% MAT 07/01/24 FIXEDRATE CD /NJ CD
245,000 245,000.00 97.630
539.67
3.35%
3.43% -5,806.50
08/05/2024 1.38 239,193.50 0.24%
5.08%
SALLIE MAE BANK UT US RT 8,207.50 5.08%03.3500% MAT 08/05/24 FIXEDRATE CD /UT CD
1,122,000 1,142,511.36 95.938
860.20
2.30%
2.40% -66,087.00
08/15/2024 07/15/2024 1.41 1,076,424.36 1.07%
5.21%5.21%
100.00
25,806.00
NR/NR/NR
HONEYWELL INTL NTS B/E 02.300% A2/A/A081524 DTD080819CALL@MW+10BP 1,000,000 997,067.75 96.223
787.29
2.38%
2.47% -34,837.75
08/15/2024 1.41 962,230.00 0.96%
5.08%
23,750.00 5.08%
NR/NR/NR
US TSY NOTE 02.375 % DUE Aaa/AAA/NR08/15/24 DTD 08/15/14 FC02/15/15 245,000 245,000.00 95.649
67.12 2.00%
2.09% -10,659.95
08/22/2024 1.43 234,340.05 0.23%
5.08%
MORGAN STANLEY PRV NY US RT 4,900.00 5.08%02.0000% MAT 08/22/24 FIXEDRATE CD /NY CD
245,000 245,000.00 95.350
335.28
1.85%
1.94% -11,392.50
08/30/2024 1.48 233,607.50 0.23%
5.07%
FIRST NATL BK KS US RT 01.8500% 4,532.50 5.07%MAT 08/30/24 FIXED RATE CD /KS CD
245,000 245,000.00 95.278
326.22
1.80%
1.89% -11,568.90
08/30/2024 1.48 233,431.10 0.23%
5.07%
FIRST ST BK AR US RT 01.8000% 4,410.00 5.07%MAT 08/30/24 FIXED RATE CD /AR CD
250,000 0.00 100.152
4,076.29
5.15%
5.14% 250,380.00
09/01/2024 1.40 250,380.00 0.25%
5.04%
12,872.50 5.04%
NR/NR/NR
SULPHUR SPRINGS CAL UNI TAX SR NR/NR/AAF BE/R/ 5.149 090124 DTD110322 /CA 2,000,000 1,988,920.00 93.338
5,694.44
0.63%
0.67% -122,160.00
09/13/2024 1.50 1,866,760.00 1.86%
5.17%
12,500.00 5.17%
NR/NR/NR
TOYOTA MOTOR CRDT CORP A1/A+/A+00.625% 091324 DTD091321FC031322 NTS B/E 2,000,000 2,000,000.00 92.902
3,764.44
0.44%
0.47% -141,960.00
09/23/2024 1.53 1,858,040.00 1.85%
5.20%
8,800.00 5.20%
NR/NR/NR
FFCB BOND 00.440 % DUE 092324 Aaa/AAA/AA+DTD 092321 FC 03232022 248,000 253,823.66 95.437
2,133.48
2.00%
2.10% -17,139.90
09/23/2024 1.50 236,683.76 0.24%
5.06%
MONEY ONE FED CRED MD US RT 4,960.00 5.06%02.0000% MAT 09/23/24 FIXEDRATE CD /MD CD
219,000 219,000.00 94.632
275.40
1.70%
1.80% -11,755.92
10/31/2024 NA 207,244.08 0.21%
NA
CITIZENS ST BK CLA WI US RT 3,723.00 NA01.7000% MAT 10/31/24 FIXEDRATE CD /WI CD
245,000 245,000.00 94.770
1,341.12
1.80%
1.90% -12,813.50
11/08/2024 1.63 232,186.50 0.23%
5.05%
RAYMOND JAMES BK N FL US RT 4,410.00 5.05%01.8000% MAT 11/08/24 FIXEDRATE CD /FL CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 20 of 31 Item #9. Page 22
Meeting Date: 3/28/2023 / Packet Page #: 110
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2024 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 94.881
1,230.37
1.95%
2.06% -12,541.55
11/25/2024 1.67 232,458.45 0.23%
5.05%
THIRD FED S&L ASSN OH US RT 4,777.50 5.05%01.9500% MAT 11/25/24 FIXEDRATE CD /OH CD
245,000 245,000.00 94.467
340.65
1.75%
1.85% -13,555.85
11/29/2024 1.72 231,444.15 0.23%
5.05%
MCHENRY SVGS BK IL US RT 4,287.50 5.05%01.7500% MAT 11/29/24 FIXEDRATE CD /IL CD
1,386,000 1,405,992.21 94.826
6,704.78
2.15%
2.27% -91,703.85
12/06/2024 11/06/2024 1.70 1,314,288.36 1.31%
5.24%5.24%
100.00
29,799.00
NR/NR/NR
TRUIST BANK NTS B/E 02.150% A2/A+/A120624 DTD120619 FC060620 2,000,000 2,000,000.00 93.033
4,203.33
0.97%
1.04% -139,340.00
12/09/2024 1.72 1,860,660.00 1.86%
5.11%
19,400.00 5.11%
NR/NR/NR
FEDERAL FARM CREDIT BANK Aaa/AAA/AA+00.970 % DUE 120924 DTD120921 FC 06092022 1,500,000 1,465,036.50 94.547
4,205.80
1.75%
1.85% -46,831.50
12/31/2024 1.77 1,418,205.00 1.41%
4.88%
26,250.00 4.88%
NR/NR/NR
US TSY NOTE 01.750 % DUE NR/AAA/NR12/31/24 DTD 12/31/19 FC06/30/20 Total 2024 19,549,000 1.94% 08/30/2024 $374,555.50
2.01%
5.16%5.16%
1.45 $19,095,446.0
$-475,500.37
$18,619,945.66
$65,712.34
18.57%
Maturing 2025
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
1,124,000 1,155,952.59 94.638
3,072.27
2.05%
2.17% -92,221.47
01/09/2025 1.79 1,063,731.12 1.06%
5.10%
23,042.00 5.10%
NR/NR/NR
JOHN DEERE CAPITAL CORP A2/A+/A02.050% 010925 DTD010920FC070920 NTS B/E 1,017,000 1,056,290.56 96.356
3,001.56
3.13%
3.24% -76,350.04
01/23/2025 10/23/2024 1.81 979,940.52 0.98%
5.16%5.16%
100.00
31,781.25
NR/NR/NR
JPMORGAN CHASE & CO B/E A1/AA-/A03.125% 012325 DTD012315FC072315 1,000,000 1,041,855.40 96.196
1,125.00
2.70%
2.81% -79,895.40
02/12/2025 11/12/2024 1.87 961,960.00 0.96%
4.76%4.76%
100.00
27,000.00
NR/NR/NR
MICROSOFT CORP B/E 02.700% Aaa/WD/AAA021225 DTD021215 FC081215CALL@MW+12.5BP 245,000 245,000.00 93.486
0.00 1.60%
1.71% -15,959.30
02/27/2025 1.96 229,040.70 0.23%
5.03%
BELL ST B&T ND US RT 01.6000% 3,920.00 5.03%MAT 02/27/25 FIXED RATE CD /ND CD
245,000 245,000.00 93.580
0.00 1.65%
1.76% -15,729.00
02/27/2025 1.96 229,271.00 0.23%
5.03%
CITADEL FED CREDIT PA US RT 4,042.50 5.03%01.6500% MAT 02/27/25 CREDITUNION SHARE CERT /PA CD
2,000,000 2,034,865.74 94.258
19,333.33
2.00%
2.12% -149,705.74
03/03/2025 02/03/2025 1.92 1,885,160.00 1.88%
5.03%5.03%
100.00
40,000.00
NR/NR/NR
MASTERCARD INC NTS B/E Aa3/NR/A+02.000% 030325 DTD120319FC030320 CALL@MW+10BP 245,000 245,213.91 93.874
2,126.47
1.80%
1.92% -15,222.61
03/04/2025 1.92 229,991.30 0.23%
5.04%
BMW BANK NORTH AME UT US RT 4,410.00 5.04%01.8000% MAT 03/04/25 FIXEDRATE CD /UT CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 21 of 31 Item #9. Page 23
Meeting Date: 3/28/2023 / Packet Page #: 111
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2025 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 92.151
53.70 1.00%
1.09% -19,230.05
03/19/2025 2.02 225,769.95 0.23%
5.03%
SOMERSET TRUST CO PA US RT 2,450.00 5.03%01.0000% MAT 03/19/25 FIXEDRATE CD /PA CD
1,054,000 1,115,855.93 96.713
15,130.76
3.40%
3.52% -96,500.91
03/25/2025 02/25/2025 1.94 1,019,355.02 1.02%
5.09%5.09%
100.00
35,836.00
NR/NR/NR
INTEL CORP NTS B/E 03.400% A2/A-/A032525 DTD032520CALL@MW+45BP 245,000 245,000.00 94.118
2,080.82
2.00%
2.12% -14,410.90
03/25/2025 1.97 230,589.10 0.23%
5.02%
SYNCHRONY BANK UT US RT 4,900.00 5.02%02.0000% MAT 03/25/25 FIXEDRATE CD /UT CD
245,000 245,000.00 92.277
0.00 1.10%
1.19% -18,921.35
03/27/2025 2.04 226,078.65 0.23%
5.02%
SAN FRANCISCO FED CA US RT 2,695.00 5.02%01.1000% MAT 03/27/25 LICUSHARE CERTIFICATE /CA CD
245,000 245,000.00 92.527
104.71
1.30%
1.40% -18,308.85
04/15/2025 2.09 226,691.15 0.23%
5.01%
HORIZON BK NE US RT 01.3000% 3,185.00 5.01%MAT 04/15/25 FIXED RATE CD /NE CD
2,000,000 2,058,592.88 94.495
16,500.00
2.25%
2.38% -168,692.88
04/15/2025 03/15/2025 2.03 1,889,900.00 1.88%
5.00%5.00%
100.00
45,000.00
NR/NR/NR
TARGET CORP NTS B/E 02.250% A2/A/A041525 DTD033120 FC101520CALL@MW+30BP 245,000 245,000.00 92.681
1,214.26
1.35%
1.46% -17,931.55
04/16/2025 2.05 227,068.45 0.23%
5.01%
PACIFIC WSTN BK CA US RT 3,307.50 5.01%01.3500% MAT 04/16/25 FIXEDRATE CD /CA CD
2,000,000 2,000,000.00 91.443
4,970.00
0.71%
0.78% -171,140.00
04/21/2025 2.08 1,828,860.00 1.82%
4.95%
14,200.00 4.95%
NR/NR/NR
FFCB BOND 00.710 % DUE 042125 Aaa/AAA/AA+DTD 042121 FC 10212021 245,000 245,000.00 91.860
805.48
1.00%
1.09% -19,943.00
04/30/2025 2.09 225,057.00 0.22%
5.00%
CENTERSTATE BK NA FL US RT 2,450.00 5.00%01.0000% MAT 04/30/25 FIXEDRATE CD /FL CD
245,000 245,000.00 91.961
845.75
1.05%
1.14% -19,695.55
04/30/2025 2.09 225,304.45 0.22%
5.00%
FLAGSTAR BANK, FSB MI US RT 2,572.50 5.00%01.0500% MAT 04/30/25 FIXEDRATE CD /MI CD
245,000 245,000.00 92.201
225.53
1.20%
1.30% -19,107.55
04/30/2025 2.13 225,892.45 0.23%
5.00%
PACIFIC CREST SVGS WA US RT 2,940.00 5.00%01.2000% MAT 04/30/25 FIXEDRATE CD /WA CD
245,000 245,000.00 91.262
75.18 0.80%
0.88% -21,408.10
05/13/2025 2.18 223,591.90 0.22%
4.99%
SAVOY BK NY US RT 00.8000% 1,960.00 4.99%MAT 05/13/25 FIXED RATE CD /NY CD
2,026,000 2,059,396.92 92.499
8,323.48
1.45%
1.57% -185,367.18
05/15/2025 2.13 1,874,029.74 1.87%
5.07%
29,377.00 5.07%
NR/NR/NR
CATERPILLAR FINL SERVICE A2/A/A01.450% 051525 DTD051520FC111520 CALL@MW+20BP 245,000 245,000.00 91.243
64.44 0.80%
0.88% -21,454.65
05/15/2025 2.18 223,545.35 0.22%
4.99%
ENCORE BANK AR US RT 00.8000% 1,960.00 4.99%MAT 05/15/25 FIXED RATE CD /AR CD
2,000,000 2,000,000.00 91.158
3,702.22
0.68%
0.75% -176,840.00
05/19/2025 2.16 1,823,160.00 1.82%
4.92%
13,600.00 4.92%
NR/NR/NR
FFCB BOND 00.680 % DUE 051925 Aaa/AAA/AA+DTD 051921 FC 11192021 2,000,000 2,000,000.00 90.980
3,185.56
0.61%
0.67% -180,400.00
05/23/2025 2.17 1,819,600.00 1.81%
4.91%
12,200.00 4.91%
NR/NR/NR
FFCB BOND 00.610 % DUE 052325 Aaa/AAA/AA+DTD 082321 FC 11232021Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 22 of 31 Item #9. Page 24
Meeting Date: 3/28/2023 / Packet Page #: 112
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2025 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
2,000,000 2,000,000.00 91.318
3,609.44
0.73%
0.80% -173,640.00
05/28/2025 02/28/2023 2.18 1,826,360.00 1.82%
4.84%4.84%
100.00
14,600.00
NR/NR/NR
FHLMC MED TERM NTS 00.730 % Aaa/AAA/NRDUE 052825 DTD 052820 FC11282020 1,000,000 1,002,211.15 91.413
1,866.67
0.80%
0.88% -88,081.15
06/03/2025 05/03/2025 2.19 914,130.00 0.91%
4.85%4.85%
100.00
8,000.00
NR/NR/NR
AMAZON COM INC NTS B/E A1/AA-/AA00.800% 060325 DTD060320CALL@MW+10BP 245,000 245,000.00 91.525
318.16
0.60%
0.66% -20,763.75
06/10/2025 2.22 224,236.25 0.22%
4.55%
STOCKMAN BK MT US RT 1,470.00 4.55%00.6000% MAT 06/10/25 FIXEDRATE CD /MT CD
2,000,000 2,000,000.00 90.703
2,366.67
0.60%
0.66% -185,940.00
06/16/2025 2.23 1,814,060.00 1.81%
4.92%
12,000.00 4.92%
NR/NR/NR
FFCB BOND 00.600 % DUE 061625 Aaa/AAA/AA+DTD 061621 FC 12162021 245,000 245,000.00 90.827
34.90 0.65%
0.72% -22,473.85
06/19/2025 2.28 222,526.15 0.22%
4.86%
ENERBANK UT US RT 00.6500% 1,592.50 4.86%MAT 06/19/25 FIXED RATE CD /UT CD
245,000 245,000.00 90.824
32.22 0.60%
0.66% -22,481.20
06/19/2025 2.28 222,518.80 0.22%
4.81%
MORTON CMNTY BK IL US RT 1,470.00 4.81%00.6000% MAT 06/19/25 FIXEDRATE CD /IL CD
245,000 245,000.00 90.758
4.03 0.60%
0.66% -22,642.90
06/26/2025 2.30 222,357.10 0.22%
4.81%
FIRST CAROLINA BK NC US RT 1,470.00 4.81%00.6000% MAT 06/26/25 FIXEDRATE CD /NC CD
2,000,000 2,000,000.00 90.638
1,979.17
0.63%
0.69% -187,240.00
06/30/2025 06/30/2023 2.27 1,812,760.00 1.81%
4.91%4.91%
100.00
12,500.00
NR/NR/NR
FHLB BOND 00.625 % DUE 063025 Aaa/NR/AA+DTD 063021 FC 12302021 2,141,000 2,178,982.62 92.023
4,246.32
1.70%
1.85% -208,770.19
07/15/2025 06/15/2025 2.28 1,970,212.43 1.96%
5.31%5.31%
100.00
36,397.00
NR/NR/NR
E I DU PONT DE NEMOURS A3/A/A01.700% 071525 DTD051520FC011521 CALL@MW+25BP 1,000,000 998,500.00 90.395
472.22
0.50%
0.55% -94,550.00
07/23/2025 2.34 903,950.00 0.90%
4.77%
5,000.00 4.77%
NR/NR/NR
FHLMC MED TERM NTS 00.500 % Aaa/AAA/NRDUE 072325 DTD 072320 FC01232021 245,000 245,000.00 90.002
103.37
0.55%
0.61% -24,495.10
07/30/2025 2.39 220,504.90 0.22%
4.94%
MEDALLION BK UT US RT 1,347.50 4.94%00.5500% MAT 07/30/25 FIXEDRATE CD /UT CD
1,000,000 999,950.00 90.000
180.56
0.50%
0.56% -99,950.00
08/14/2025 08/14/2023 2.39 900,000.00 0.90%
4.86%4.86%
100.00
5,000.00
NR/NR/NR
FNMA NTS 00.500 % DUE 081425 Aaa/AAA/AA+DTD 081420 FC 02142021 1,000,000 1,063,680.52 96.033
1,125.00
3.38%
3.51% -103,350.52
08/15/2025 05/15/2025 2.32 960,330.00 0.96%
5.11%5.11%
100.00
33,750.00
NR/NR/NR
COMCAST CORP NEW B/E A3/A-/A03.375% 081525 DTD052715FC081515 CALL@MW+20BP 245,000 245,000.00 89.409
2.68 0.40%
0.45% -25,947.95
08/26/2025 2.47 219,052.05 0.22%
4.92%
COMMUNITY BK TN US RT 980.00 4.92%00.4000% MAT 08/26/25 FIXEDRATE CD /TN CD
245,000 245,000.00 89.366
80.55 0.40%
0.45% -26,053.30
08/28/2025 2.47 218,946.70 0.22%
4.93%
BANK3 TENNESSEE TN US RT 980.00 4.93%00.4000% MAT 08/28/25 FIXEDRATE CD /TN CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 23 of 31 Item #9. Page 25
Meeting Date: 3/28/2023 / Packet Page #: 113
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2025 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
988,000 983,948.13 97.821
20,037.88
4.13%
4.22% -17,476.65
08/28/2025 02/28/2023 2.29 966,471.48 0.96%
5.06%5.06%
100.00
40,755.00
NR/NR/NR
FNMA NTS 04.125 % DUE 082825 Aaa/AAA/AA+DTD 083022 FC 02282023 245,000 245,000.00 89.380
69.81 0.40%
0.45% -26,019.00
08/29/2025 2.48 218,981.00 0.22%
4.92%
HOME LN INVT BK RI US RT 980.00 4.92%00.4000% MAT 08/29/25 FIXEDRATE CD /RI CD
2,000,000 2,000,000.00 90.102
5,940.00
0.66%
0.73% -197,960.00
09/15/2025 2.46 1,802,040.00 1.80%
4.83%
13,200.00 4.83%
NR/NR/NR
FFCB BOND 00.660 % DUE 091525 Aaa/AAA/AA+DTD 091521 FC 03152022 245,000 245,000.00 89.160
13.42 0.40%
0.45% -26,558.00
09/22/2025 03/22/2023 2.54 218,442.00 0.22%
4.90%4.90%
100.00
AMERICAN COMM BK GA US RT 980.0000.4000% MAT 09/22/25 FIXEDRATE CD /GA CD
108,000 108,000.00 89.262
163.63
0.35%
0.39% -11,597.04
09/22/2025 2.49 96,402.96 0.10%
4.85%
CHAMBERS BANK AK US RT 378.00 4.85%00.3500% MAT 09/22/25 FIXEDRATE CD /AK CD
245,000 245,000.00 89.376
201.37
0.50%
0.56% -26,028.80
09/29/2025 03/29/2023 2.54 218,971.20 0.22%
4.90%4.90%
100.00
USALLIANCE FED CRE NY US RT 1,225.0000.5000% MAT 09/29/25 FIXEDRATE CD /NY CD
245,000 245,000.00 89.897
704.79
0.70%
0.78% -24,752.35
09/30/2025 03/31/2023 2.50 220,247.65 0.22%
4.90%4.90%
100.00
JPMORGAN CHASE BK OH US RT 1,715.0000.7000% MAT 09/30/25 FIXEDRATE CD /OH CD
245,000 245,000.00 99.042
211.44
4.50%
4.54% -2,347.10
10/20/2025 04/20/2023 2.48 242,652.90 0.24%
4.89%4.89%
100.00
GREAT STHN BK MO US RT 11,025.0004.5000% MAT 10/20/25 FIXEDRATE CD /MO CD
245,000 245,000.00 88.941
16.11 0.60%
0.67% -27,094.55
10/23/2025 03/23/2023 2.62 217,905.45 0.22%
5.07%5.07%
100.00
TEXAS EXCHANGE BK TX US RT 1,470.0000.6000% MAT 10/23/25 FIXEDRATE CD /TX CD
2,000,000 2,000,000.00 89.468
3,600.00
0.54%
0.60% -210,640.00
10/27/2025 10/27/2023 2.58 1,789,360.00 1.78%
4.79%4.79%
100.00
10,800.00
NR/NR/NR
FNMA NTS 00.540 % DUE 102725 Aaa/AAA/AA+DTD 102720 FC 04272021 2,000,000 2,000,000.00 89.110
3,111.11
0.56%
0.63% -217,800.00
11/17/2025 11/17/2023 2.64 1,782,200.00 1.78%
4.88%4.88%
100.00
11,200.00
NR/NR/NR
FNMA NTS 00.560 % DUE 111725 Aaa/AAA/AA+DTD 111720 FC 05172021 2,000,000 2,000,000.00 89.153
3,100.00
0.60%
0.67% -216,940.00
11/24/2025 2.65 1,783,060.00 1.78%
4.87%
12,000.00 4.87%
NR/NR/NR
FFCB BOND 00.600 % DUE 112425 Aaa/AAA/AA+DTD 112420 FC 05242021 245,000 245,000.00 88.725
251.71
0.50%
0.56% -27,623.75
12/15/2025 2.71 217,376.25 0.22%
4.86%
BK HAPOALIM BM NY US RT 1,225.00 4.86%00.5000% MAT 12/15/25 FIXEDRATE CD /NY CD
Total 2025 44,073,000 1.29% 06/20/2025 $556,338.75
1.37%
4.95%4.95%
2.23 $44,473,296.3
$-3,953,653.23
$40,519,643.12
$139,783.75
40.40%
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 24 of 31 Item #9. Page 26
Meeting Date: 3/28/2023 / Packet Page #: 114
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2026 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
2,000,000 2,002,281.33 88.656
1,633.33
0.70%
0.79% -229,161.33
01/15/2026 2.79 1,773,120.00 1.77%
4.97%
14,000.00 4.97%
NR/NR/NR
JOHN DEERE CPTL CORP 00.700% A2/A+/A011526 DTD010721 FC071521MED TERM NTS 1,175,000 0.00 99.742
5,189.58
5.30%
5.31% 1,171,968.50
01/27/2026 04/27/2023 2.66 1,171,968.50 1.17%
5.39%5.39%
100.00
62,275.00
NR/NR/NR
FHLMC MED TERM NTS 05.300 % Aaa/NR/AA+DUE 012726 DTD 012723 FC07272023 245,000 0.00 98.445
713.18
4.25%
4.32% 241,190.25
02/02/2026 2.71 241,190.25 0.24%
4.82%
MORGAN STANLEY BK UT US RT 10,412.50 4.82%04.2500% MAT 02/02/26 FIXEDRATE CD /UT CD
1,200,000 1,200,000.00 86.338
26.67 0.80%
0.93% -163,944.00
02/26/2026 02/26/2024 2.88 1,036,056.00 1.03%
5.83%5.83%
100.00
9,600.00
NR/NR/NR
JPMORGAN CHASE & CO 00.800% A1/AA-/A022626 DTD022621 FC082621MED TERM NTS 245,000 245,000.00 97.206
408.11
3.80%
3.91% -6,845.30
03/11/2026 03/11/2023 2.77 238,154.70 0.24%
4.80%4.80%
100.00
CFG COMMUNITY BANK MD US RT 9,310.0003.8000% MAT 03/11/26 FIXEDRATE CD /MD CD
2,000,000 1,989,860.00 88.125
8,300.00
0.90%
1.02% -227,360.00
03/11/2026 02/11/2026 2.91 1,762,500.00 1.76%
5.17%5.17%
100.00
18,000.00
NR/NR/NR
CHARLES SCHWAB CORP NTS A2/A/A00.900% 031126 DTD121120FC031121 CALL@MW+10BP 245,000 245,000.00 88.700
381.26
0.80%
0.90% -27,685.00
03/18/2026 03/18/2023 2.97 217,315.00 0.22%
4.80%4.80%
100.00
BMO HARRIS BK NA IL US RT 1,960.0000.8000% MAT 03/18/26 FIXEDRATE CD /IL CD
245,000 245,000.00 88.981
936.37
0.90%
1.01% -26,996.55
03/25/2026 2.95 218,003.45 0.22%
4.80%
STATE BANK OF INDI NY US RT 2,205.00 4.80%00.9000% MAT 03/25/26 FIXEDRATE CD /NY CD
2,000,000 2,000,000.00 90.102
8,575.00
1.05%
1.17% -197,960.00
03/30/2026 NA 1,802,040.00 1.80%
NA
21,000.00 NA
NR/NR/NR
FHLB NTS 1.0500% DUE 033026 Aaa/NR/AA+DTD 033021 FC 09302021 245,000 245,000.00 88.981
172.17
0.95%
1.07% -26,996.55
03/31/2026 02/28/2023 NA 218,003.45 0.22%
NANA
100.00
BANKUNITED NA FLOR FL US RT 2,327.5000.9500% MAT 03/31/26 FIXEDRATE CD /FL CD
245,000 245,000.00 88.847
165.79
0.95%
1.07% -27,324.85
04/16/2026 3.07 217,675.15 0.22%
4.79%
GREENSTATE CREDIT IA US RT 2,327.50 4.79%00.9500% MAT 04/16/26 FIXEDRATE CD /IA CD
245,000 245,000.00 88.744
773.26
0.90%
1.01% -27,577.20
04/22/2026 3.03 217,422.80 0.22%
4.79%
TOYOTA FINL SVG BK NV US RT 2,205.00 4.79%00.9000% MAT 04/22/26 FIXEDRATE CD /NV CD
2,000,000 2,000,000.00 89.572
2,833.33
0.50%
0.56% -208,560.00
05/15/2026 05/15/2023 NA 1,791,440.00 1.79%
NANA
100.00
10,000.00
NR/NR/NR
INTL FIN CORP NTS 00.500 % DUE Aaa/NR/AAA051526 DTD 052821 FC 11152021 2,000,000 2,003,103.78 88.591
6,516.67
1.15%
1.30% -231,283.78
05/15/2026 04/15/2026 3.07 1,771,820.00 1.77%
5.04%5.04%
100.00
23,000.00
NR/NR/NR
UNITED HEALTH GROUP INC A3/A/A+01.150% 051526 DTD051921FC111521 CALL@MW+07.50BP 245,000 245,000.00 88.046
62.76 0.85%
0.97% -29,287.30
06/16/2026 06/16/2023 3.24 215,712.70 0.22%
4.77%4.77%
100.00
UBS BANK UT US RT 00.8500% 2,082.50MAT 06/16/26 FIXED RATE CD /UT CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 25 of 31 Item #9. Page 27
Meeting Date: 3/28/2023 / Packet Page #: 115
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2026 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 96.267
1,405.90
3.55%
3.69% -9,145.85
06/30/2026 02/28/2023 3.08 235,854.15 0.24%
4.77%4.77%
100.00
ALLY BK UT US RT 03.5500% MAT 8,697.5006/30/26 FIXED RATE CD /UT CD
2,000,000 2,000,000.00 89.571
2,375.00
0.75%
0.84% -208,580.00
06/30/2026 03/30/2023 NA 1,791,420.00 1.79%
NANA
100.00
15,000.00
NR/NR/NR
FHLB BOND STEP-UP 00.750 % DUE Aaa/NR/AA+063026 DTD 063021 FC 12302021 2,000,000 2,000,000.00 89.989
2,375.00
0.75%
0.83% -200,220.00
06/30/2026 03/30/2023 NA 1,799,780.00 1.79%
NANA
100.00
15,000.00
NR/NR/NR
FHLB NTS 0.7500% DUE 063026 Aaa/NR/AA+DTD 063021 FC 12302021 245,000 245,000.00 87.550
277.22
0.70%
0.80% -30,502.50
07/01/2026 3.23 214,497.50 0.21%
4.78%
NEW YORK CMNTY BK NY US RT 1,715.00 4.78%00.7000% MAT 07/01/26 FIXEDRATE CD /NY CD
1,000,000 968,385.25 88.324
408.33
1.05%
1.19% -85,145.25
08/13/2026 03/13/2023 3.32 883,240.00 0.88%
4.75%4.75%
100.00
10,500.00
NR/NR/NR
FHLB BOND 01.050 % DUE 081326 Aaa/NR/AA+DTD 081321 FC 02132022 245,000 245,000.00 87.409
139.62
0.80%
0.92% -30,847.95
08/13/2026 3.39 214,152.05 0.21%
4.76%
LIVE OAK BKG CO NC US RT 1,960.00 4.76%00.8000% MAT 08/13/26 FIXEDRATE CD /NC CD
2,000,000 2,000,000.00 88.365
41.67 0.75%
0.85% -232,700.00
08/26/2026 08/26/2023 NA 1,767,300.00 1.76%
NANA
100.00
15,000.00
NR/NR/NR
FHLB NTS 0.7500% DUE 082626 Aaa/NR/AA+DTD 082621 FC 02262022 2,000,000 2,000,000.00 82.355
0.00 1.05%
1.27% -352,900.00
08/27/2026 08/27/2023 3.33 1,647,100.00 1.64%
6.80%6.80%
100.00
21,000.00
NR/NR/NR
MORGAN STANLEY FIN LLC A1/A+/A01.050% 082726 DTD082721FC022722 MED TERM NTS 2,000,000 2,000,000.00 87.725
7,781.11
0.94%
1.07% -245,500.00
09/28/2026 3.43 1,754,500.00 1.75%
4.70%
18,800.00 4.70%
NR/NR/NR
FFCB NTS 00.940 % DUE 092826 Aaa/AAA/AA+DTD 092821 FC 03282022 1,000,000 982,052.13 89.035
3,698.20
1.13%
1.26% -91,702.13
10/31/2026 3.51 890,350.00 0.89%
4.39%
11,250.00 4.39%
NR/NR/NR
US TSY NOTE 01.125 % DUE NR/AAA/NR10/31/26 DTD 10/31/21 FC04/30/22 245,000 245,000.00 87.867
733.32
1.15%
1.31% -29,725.85
11/24/2026 3.57 215,274.15 0.21%
4.73%
CAPITAL ONE BK USA VA US RT 2,817.50 4.73%01.1500% MAT 11/24/26 FIXEDRATE CD /VA CD
245,000 245,000.00 87.867
733.32
1.15%
1.31% -29,725.85
11/24/2026 3.57 215,274.15 0.21%
4.73%
CAPITAL ONE NA VA US RT 2,817.50 4.73%01.1500% MAT 11/24/26 FIXEDRATE CD /VA CD
Total 2026 27,560,000 1.17% 06/01/2026 $315,262.50
1.29%
5.18%5.18%
3.09 $26,085,682.4
$-1,564,518.49
$24,521,164.00
$56,656.19
24.45%
Maturing 2027
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
2,000,000 2,000,000.00 89.899
3,168.89
1.84%
2.05% -202,020.00
01/26/2027 3.69 1,797,980.00 1.79%
4.69%
36,800.00 4.69%
NR/NR/NR
FFCB BOND 01.840 % DUE 012627 Aaa/AAA/AA+DTD 012622 FC 07262022 2,000,000 2,000,000.00 89.967
1,681.11
1.78%
1.98% -200,660.00
02/10/2027 05/10/2023 3.74 1,799,340.00 1.79%
4.58%4.58%
100.00
35,600.00
NR/NR/NR
FHLB BOND 01.780 % DUE 021027 Aaa/NR/AA+DTD 021022 FC 08102022Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 26 of 31 Item #9. Page 28
Meeting Date: 3/28/2023 / Packet Page #: 116
Consolidated report prepared for City of Glendora
Bond holdings - as of February 27, 2023 (continued)Maturing 2027 Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
245,000 245,000.00 99.568
318.84
4.75%
4.77% -1,058.40
02/17/2027 08/17/2023 3.59 243,941.60 0.24%
4.87%4.87%
100.00
BOKF NA OK US RT 04.7500% MAT 11,637.5002/17/27 FIXED RATE CD /OK CD
245,000 245,000.00 89.147
296.68
1.70%
1.91% -26,589.85
02/18/2027 3.82 218,410.15 0.22%
4.70%
METRO CREDIT UNION MA US RT 4,165.00 4.70%01.7000% MAT 02/18/27 LICUSHARE CERTIFICATE /MA CD
245,000 245,000.00 89.147
102.70
1.70%
1.91% -26,589.85
02/18/2027 3.82 218,410.15 0.22%
4.70%
PENTAGON FED CREDI VA US RT 4,165.00 4.70%01.7000% MAT 02/18/27 CREDITUNION SHARE CERT /VA CD
3,215,000 3,075,098.40 90.677
359.01
2.01%
2.22% -159,832.85
02/25/2027 05/25/2023 3.76 2,915,265.55 2.91%
4.59%4.59%
100.00
64,621.50
NR/NR/NR
FHLB BOND 02.010 % DUE 022527 Aaa/NR/AA+DTD 022522 FC 08252022 245,000 245,893.79 90.239
2,389.59
2.00%
2.22% -24,808.24
03/02/2027 3.73 221,085.55 0.22%
4.70%
EAGLEMARK SVGS BK NV US RT 4,900.00 4.70%02.0000% MAT 03/02/27 FIXEDRATE CD /NV CD
490,000 0.00 98.968
5,266.82
5.45%
5.51% 484,943.20
03/16/2027 03/16/2023 3.50 484,943.20 0.48%
5.74%5.74%
100.00
26,705.00
NR/NR/NR
FHLB BOND 05.450 % DUE 031627 Aaa/NR/AA+DTD 121622 FC 03162023 245,000 245,000.00 94.291
2,040.55
3.20%
3.39% -13,987.05
05/24/2027 3.86 231,012.95 0.23%
4.70%
DISCOVER BANK DE US RT 7,840.00 4.70%03.2000% MAT 05/24/27 FIXEDRATE CD /DE CD
245,000 245,000.00 94.371
261.78
3.25%
3.44% -13,791.05
06/15/2027 3.98 231,208.95 0.23%
4.70%
LAFAYETTE FED CRED MD US RT 7,962.50 4.70%03.2500% MAT 06/15/27 LICUSHARE CERTIFICATE /MD CD
Total 2027 9,175,000 2.25% 02/22/2027 $204,396.50
2.44%
4.70%4.70%
3.73 $8,545,992.19
$-184,394.09
$8,361,598.10
$15,885.97
8.34%
Maturing 2028
Effective rating/
Underlying rating
(Mdy/Fitch/S&P) Quantity Coupon
Effective
maturity
Call date/
Call price ($)
Est. annual
income ($)/
Curr. yield (%)
YTM (%)/
YTW (%)
Modified
duration
Market
price ($)
Mkt. value ($)/
Accr. interest ($)
% of
bond
port.
Adjusted
cost basis ($)/
Unreal. g/l ($)
1,000,000 0.00 97.863
3,825.00
5.10%
5.21% 978,630.00
01/27/2028 10/27/2023 4.27 978,630.00 0.98%
5.60%5.60%
100.00
51,000.00
NR/NR/NR
FHLMC MED TERM NTS 05.100 % NR/NR/AA+DUE 012728 DTD 013023 FC07272023 2,000,000 2,000,005.25 99.952
900.00
5.40%
5.40% -965.25
02/24/2028 05/24/2023 4.32 1,999,040.00 1.99%
5.41%5.41%
100.00
108,000.00
NR/NR/NR
FHLB BOND 05.400 % DUE 022428 Aaa/NR/AA+DTD 022423 FC 08242023 Total 2028 3,000,000 5.30% 02/15/2028 $159,000.00
5.34%
5.47%5.47%
4.30 $2,000,005.25
$977,664.75
$2,977,670.00
$4,725.00
2.97%
Effective rating/
Underlying rating
(Mdy/Fitch/S&P)
Mkt. value ($)/
Accr. interest ($)
Adjusted
cost basis ($)/
Unreal. g/l ($)
Call date/
Coupon Call price ($)
Modified
duration
YTM (%)/
YTW (%)
Est. annual
income ($)/
Quantity Curr. yield (%)
Effective
maturity
% of
bond
port.
Market
price ($)
5.02%5.02%
09/03/2025 NA 2.33 $105,595,262. NA $100,287,879.68
$-5,307,383.24
108,747,00
1.71% $297,034.85
1.61% $1,712,988.25 100%
Total Bond Portfolio
$100,584,914.53
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Report created on: February 28, 2023 Page 27 of 31 Item #9. Page 29
Meeting Date: 3/28/2023 / Packet Page #: 117
Important information about this report
Disclosures applicable to accounts at UBS Financial Services Inc.This section contains important disclosures regarding theinformation and valuations presented here. Allinformation presented is subject to change at any timeand is provided only as of the date indicated. Theinformation in this report is for informational purposesonly and should not be relied upon as the basis of aninvestment or liquidation decision. UBS FS accountstatements and official tax documents are the onlyofficial record of your accounts and are not replaced,amended or superseded by any of the informationpresented in these reports. You should not rely on thisinformation in making purchase or sell decisions, for taxpurposes or otherwise.UBS FS offers a number of investment advisory programsto clients, acting in our capacity as an investmentadviser, including fee-based financial planning,discretionary account management, non-discretionaryinvestment advisory programs, and advice on theselection of investment managers and mutual fundsoffered through our investment advisory programs.When we act as your investment adviser, we will have awritten agreement with you expressly acknowledgingour investment advisory relationship with you anddescribing our obligations to you. At the beginning ofour advisory relationship, we will give you our Form ADVbrochure(s) for the program(s) you selected that providesdetailed information about, among other things, theadvisory services we provide, our fees, our personnel,our other business activities and financial industryaffiliations and conflicts between our interests and yourinterests.In our attempt to provide you with the highest qualityinformation available, we have compiled this reportusing data obtained from recognized statistical sourcesand authorities in the financial industry. While webelieve this information to be reliable, we cannot makeany representations regarding its accuracy orcompleteness. Please keep this guide as your AdvisoryReview.Please keep in mind that most investment objectives arelong term. Although it is important to evaluate yourportfolio's performance over multiple time periods, webelieve the greatest emphasis should be placed on thelonger period returns.Please review the report content carefully and contactyour Financial Advisor with any questions.Client Accounts: This report may include all assets inthe accounts listed and may include eligible andineligible assets in a fee-based program. Since ineligibleassets are not considered fee-based program assets, theinclusion of such securities will distort the actualperformance of your accounts and does not reflect theperformance of your accounts in the fee-based program.As a result, the performance reflected in this report can vary substantially from the individual accountperformance reflected in the performance reportsprovided to you as part of those programs. For feebased programs, fees are charged on the market valueof eligible assets in the accounts and assessed quarterlyin advance, prorated according to the number ofcalendar days in the billing period. When shown on areport, the risk profile and return objectives describeyour overall goals for these accounts. For each accountyou maintain, you choose one return objective and aprimary risk profile. If you have questions regardingthese objectives or wish to change them, please contactyour Financial Advisor to update your account records.Performance: This report presents account activity andperformance depending on which inception type you'vechosen. The two options are: (1) All Assets (SincePerformance Start): This presents performance for allassets since the earliest possible date; (2) Advisory Assets(Advisory Strategy Start) for individual advisory accounts:This presents Advisory level performance since the LatestStrategy Start date; If an account that has never beenmanaged is included in the consolidated report, the totalperformance of that unmanaged account will beincluded since inception.Time-weighted Returns for accounts / SWP/AAPsleeves (Monthly periods): The report displays a timeweighted rate of return (TWR) that is calculated usingthe Modified Dietz Method. This calculation uses thebeginning and ending portfolio values for the monthand weighs each contribution/withdrawal based uponthe day the cash flow occurred. Periods greater than onemonth are calculated by linking the monthly returns. TheTWR gives equal weighting to every return regardless ofamount of money invested, so it is an effective measurefor returns on a fee based account. All periods shownwhich are greater than 12 months are annualized. Thisapplies to all performance for all assets before09/30/2010, Advisory assets before 12/31/2010 andSWP sleeves before 04/30/2018.Time-weighted Returns for accounts / SWP/AAPsleeves (Daily periods): The report displays a timeweighted rate of return (TWR) that is calculated bydividing the portfolio's daily gain/loss by the previousday's closing market value plus the net value of cashflows that occurred during the day, if it was positive. TheTWR gives equal weighting to every return regardless ofamount of money invested, so it is an effective measurefor returns on a fee based account. Periods greater thanone day are calculated by linking the daily returns. Allperiods shown which are greater than 12 months areannualized. For reports generated prior to 01/26/2018,the performance calculations used the account's end ofday value on the performance inception (listed in thereport under the column "ITD") and all cash flows wereposted at end of day. As a result of the change, theoverall rate of return (TWR) and beginning market valuedisplayed can vary from prior generated reports. This applies to all performance for all assets on or after09/30/2010, Advisory assets on or after 12/31/2010,SWP/AAP sleeves on or after 04/30/2018 as well as allAsset Class and Security level returns.Money-weighted returns: Money-weighted return(MWR) is a measure of the rate of return for an asset orportfolio of assets. It is calculated by finding the dailyInternal Rate of Return (IRR) for the period and thencompounding this return by the number of days in theperiod being measured. The MWR incorporates the sizeand timing of cash flows, so it is an effective measure ofreturns on a portfolio.Annualized Performance: All performance periodsgreater than one year are calculated (unless otherwisestated) on an annualized basis, which represents thereturn on an investment multiplied or divided to give acomparable one year return.Cumulative Performance: A cumulative return is theaggregate amount that an investment has gained or lostover time, independent of the period of time involved.Net of Fees and Gross of Fees Performance:Performance is presented on a "net of fees" and "grossof fees" basis, where indicated. Net returns do notreflect Program and wrap fees prior to 10/31/10 foraccounts that are billed separately via invoice through aseparate account billing arrangement. Gross returns donot reflect the deduction of fees, commissions or othercharges. The payment of actual fees and expenses willreduce a client's return. The compound effect of suchfees and expenses should be considered when reviewingreturns. For example, the net effect of the deduction offees on annualized performance, including thecompounded effect over time, is determined by therelative size of the fee and the account's investmentperformance. It should also be noted that where grossreturns are compared to an index, the indexperformance also does not reflect any transaction costs,which would lower the performance results. Marketindex data maybe subject to review and revision.Benchmark/Major Indices: The past performance of anindex is not a guarantee of future results. Anybenchmark is shown for informational purposes onlyand relates to historical performance of market indicesand not the performance of actual investments.Although most portfolios use indices as benchmarks,portfolios are actively managed and generally are notrestricted to investing only in securities in the index. As aresult, your portfolio holdings and performance may varysubstantially from the index. Each index reflects anunmanaged universe of securities without any deductionfor advisory fees or other expenses that would reduceactual returns, as well as the reinvestment of all incomeand dividends. An actual investment in the securitiesincluded in the index would require an investor to incurtransaction costs, which would lower the performance results. Indices are not actively managed and investorscannot invest directly in the indices. Market index datamaybe subject to review and revision. Further, there isno guarantee that an investor's account will meet orexceed the stated benchmark. Index performanceinformation has been obtained from third partiesdeemed to be reliable. We have not independentlyverified this information, nor do we make anyrepresentations or warranties to the accuracy orcompleteness of this information.Blended Index - For Advisory accounts, Blended Index isdesigned to reflect the asset categories in which youraccount is invested. For Brokerage accounts, you havethe option to select any benchmark from the list.For certain products, the blended index represents theinvestment style corresponding to your client targetallocation. If you change your client target allocation,your blended index will change in step with your changeto your client target allocation.Blended Index 2 - 8 - are optional indices selected by youwhich may consist of a blend of indexes. For advisoryaccounts, these indices are for informational purposesonly. Depending on the selection, the benchmarkselected may not be an appropriate basis for comparisonof your portfolio based on it's holdings.For strategies that are highly customized, such asConcentrated Equity Solutions (CES), benchmarks arebroad market indices included for general reference andare not intended to show comparative marketperformance or potential portfolios with risk or returnprofiles similar to your account. Benchmark indices areshown for illustrative purposes only.Custom Time Periods: If represented on this report, theperformance start date and the performance end datehave been selected by your Financial Advisor in order toprovide performance and account activity informationfor your account for the specified period of time only. Asa result, only a portion of your account's activity andperformance information is presented in theperformance report, and, therefore, presents a distortedrepresentation of your account's activity andperformance.Net Deposits/Withdrawals: When shown on a report,this information represents the net value of all cash andsecurities contributions and withdrawals, program fees(including wrap fees) and other fees added to orsubtracted from your accounts from the first day to thelast day of the period. When fees are shown separately,net deposits / withdrawals does not include programfees (including wrap fees). When investment return isdisplayed net deposits / withdrawals does not includeprogram fees (including wrap fees). For securitycontributions and withdrawals, securities are calculatedusing the end of day UBS FS price on the day securities Report created on: February 28, 2023 Page 28 of 31
Item #9. Page 30
Meeting Date: 3/28/2023 / Packet Page #: 118
Disclosures applicable to accounts at UBS Financial Services Inc. (continued) are delivered in or out of the accounts. Wrap fees will beincluded in this calculation except when paid via aninvoice or through a separate accounts billingarrangement. When shown on Client summary and/orPortfolio review report, program fees (including wrapfees) may not be included in net deposits/withdrawals.PACE Program fees paid from sources other than yourPACE account are treated as a contribution. A PACEProgram Fee rebate that is not reinvested is treated as awithdrawal.Deposits: When shown on a report, this informationrepresents the net value of all cash and securitiescontributions added to your accounts from the first dayto the last day of the period. On Client Summary Reportand/or Portfolio Review Report, this may exclude theOpening balance. For security contributions, securitiesare calculated using the end of day UBS FS price on theday securities are delivered in or out of the accounts.Withdrawals: When shown on a report, thisinformation represents the net value of all cash andsecurities withdrawals subtracted from your accountsfrom the first day to the last day of the period. On Clientsummary and/or portfolio review report Withdrawalsmay not include program fees (including wrap fees). Forsecurity withdrawals, securities are calculated using theend of day UBS FS price on the day securities aredelivered in or out of the accounts.Dividends/Interest: Dividend and interest earned,when shown on a report, does not reflect your account'stax status or reporting requirements. Use only official taxreporting documents (i.e. 1099) for tax reportingpurposes. The classification of private investmentdistributions can only be determined by referring to theofficial year-end tax-reporting document provided by theissuer.Change in Accrued Interest: When shown on a report,this information represents the difference between theaccrued interest at the beginning of the period from theaccrued interest at the end of the period.Change in Value: Represents the change in value of theportfolio during the reporting period, excludingadditions/withdrawals, dividend and interest incomeearned and accrued interest. Change in Value mayinclude programs fees (including wrap fees) and otherfees.Fees: Fees represented in this report include programand wrap fees. Program and wrap fees prior to October1, 2010 for accounts that are billed separately via invoicethrough a separate account billing arrangement are notincluded in this report.Performance Start Date Changes: The PerformanceStart Date for accounts marked with a '^' have changed.Performance figures of an account with a changed Performance Start Date may not include the entirehistory of the account. The new Performance Start Datewill generate performance returns and activityinformation for a shorter period than is available at UBSFS. As a result, the overall performance of theseaccounts may generate better performance than theperiod of time that would be included if the report usedthe inception date of the account. UBS FS recommendsreviewing performance reports that use the inceptiondate of the account because reports with longer timeframes are usually more helpful when evaluatinginvestment programs and strategies. Performancereports may include accounts with inception dates thatprecede the new Performance Start Date and will showperformance and activity information from the earliestavailable inception date.The change in Performance Start Date may be the resultof a performance gap due to a zero-balance thatprevents the calculation of continuous returns from theinception of the account. The Performance Start Datemay also change if an account has failed one of ourperformance data integrity tests. In such instances, theaccount will be labeled as 'Review Required' andperformance prior to that failure will be restricted.Finally, the Performance Start Date will change if youhave explicitly requested a performance restart. Pleasecontact your Financial Advisor for additional detailsregarding your new Performance Start Date.Closed Account Performance: Accounts that havebeen closed may be included in the consolidatedperformance report. When closed accounts are includedin the consolidated report, the performance report willonly include information for the time period the accountwas active during the consolidated performancereporting time period.Important information on options-based strategies:Options involve risk and are not suitable for everyone.Prior to buying or selling an option investors must read acopy of the Characteristics & Risks of StandardizedOptions, also known as the options disclosure document(ODD). It explains the characteristics and risks ofexchange traded options. The options risk disclosuredocument can be accessed at the following webaddress: www.optionsclearing.com/about/publications/character-risks.Concentrated Equity Solutions (CES) managers are notinvolved in the selection of the underlying stockpositions. The Manager will advise only on the optionsselection in order to pursue the strategy in connectionwith the underlying stock position(s) deposited in theaccount. It is important to keep this in mind whenevaluating the manager's performance since theaccount's performance will include the performance ofthe underlying equity position that is not beingmanaged. CES use options to seek to achieve yourinvestment objectives regarding your concentrationstock position. Options strategies change the potential return profile of your stock. In certain scenarios, such ascall writing, the call position will limit your ability toparticipate in any potential increase in the underlyingequity position upon which the call was written.Therefore, in some market conditions, particularly duringperiods of significant appreciation of the underlyingequity position(s), the CES account will decrease theperformance that would have been achieved had thestock been held long without implementing the CESstrategy.Portfolio: For purposes of this report "portfolio" isdefined as all of the accounts presented on the coverpage or the header of this report and does notnecessarily include all of the client's accounts held atUBS FS or elsewhere.Percentage: Portfolio (in the "% Portfolio / Total"column) includes all holdings held in the account(s)selected when this report was generated. Broad assetclass (in the "% broad asset class" column) includes allholdings held in that broad asset class in the account(s)selected when this report was generated.Tax lots: This report displays security tax lots as eitherone line item (i.e., lumped tax lots) or as separate tax lotlevel information. If you choose to display security taxlots as one line item, the total cost equals the total valueof all tax lots. The unit cost is an average of the totalcost divided by the total number of shares. If the shareswere purchased in different lots, the unit price listeddoes not represent the actual cost paid for each lot. Theunrealized gain/loss value is calculated by combining thetotal value of all tax lots plus or minus the total marketvalue of the security.If you choose to display tax lot level information asseparate line items on the Portfolio Holdings report, thetax lot information may include information fromsources other than UBS FS. The Firm does notindependently verify or guarantee the accuracy orvalidity of any information provided by sources otherthan UBS FS. As a result this information may not beaccurate and is provided for informational purposesonly. Clients should not rely on this information inmaking purchase or sell decisions, for tax purposes orotherwise. See your monthly statement for additionalinformation.Pricing: All securities are priced using the closing pricereported on the last business day preceding the date ofthis report. Every reasonable attempt has been made toaccurately price securities; however, we make nowarranty with respect to any security's price. Please referto the back of the first page of your UBS FS accountstatement for important information regarding thepricing used for certain types of securities, the sources ofpricing data and other qualifications concerning thepricing of securities. To determine the value of securitiesin your account, we generally rely on third party quotation services. If a price is unavailable or believed tobe unreliable, we may determine the price in good faithand may use other sources such as the last recordedtransaction. When securities are held at anothercustodian or if you hold illiquid or restricted securities forwhich there is no published price, we will generally relyon the value provided by the custodian or issuer of thatsecurity.Cash: Cash on deposit at UBS Bank USA is protected bythe Federal Deposit Insurance Corporation (FDIC) up to$250,000 in principal and accrued interest per depositorfor each ownership type. Deposits made in anindividual's own name, joint name, or individualretirement account are each held in a separate type ofownership. Such deposits are not guaranteed by UBS FS.More information is available upon request.Margin: The quantity value may indicate that all or partof this position is held on margin or held in the shortaccount. When an account holds a debit balance, thisdebit balance is incorporated into the account's totalmarket value and deducted from the total value. Whencalculating the percent of portfolio on each security, thepercentage will be impacted by the total market value ofthe account. Therefore, if the account's market value isreduced by a debit value of a holding the percent ofportfolio will be greater and if the account's marketvalue is increased by a holding then the percent ofportfolio will be less.Asset Allocation: Your allocation analysis is based onyour current portfolio. The Asset Allocation portion ofthis report shows the mix of various investment classesin your account. An asset allocation that shows asignificantly higher percentage of equity investmentsmay be more appropriate for an investor with a moreaggressive investment strategy and higher tolerance forrisk. Similarly, the asset allocation of a more conservativeinvestor may show a higher percentage of fixed incomeinvestments.Separately Managed Accounts and PooledInvestment Vehicles (such as mutual funds, closed endfunds and exchanged traded funds): The assetclassification displayed is based on firm's proprietarymethodology for classifying assets. Please note that theasset classification assigned to rolled up strategies mayinclude individual investments that provide exposure toother asset classes. For example, an InternationalDeveloped Markets strategy may include exposure toEmerging Markets, and a US Large Cap strategy mayinclude exposure to Mid Cap and Small Cap, etc.Mutual Fund Asset Allocation: If the option tounbundle balanced mutual funds is selected and if afund's holdings data is available, mutual funds will beclassified by the asset class, subclass, and stylebreakdown of their underlying holdings. Where amutual fund or ETF contains equity holdings from Report created on: February 28, 2023 Page 29 of 31
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Disclosures applicable to accounts at UBS Financial Services Inc. (continued) multiple equity sectors, this report will proportionatelyallocate the underlying holdings of the fund to thosesectors measured as a percentage of the total fund'sasset value as of the date shown.This information is supplied by Morningstar, Inc. on adaily basis to UBS FS based on data supplied by the fundwhich may not be current. Mutual funds change theirportfolio holdings on a regular (often daily) basis.Accordingly, any analysis that includes mutual funds maynot accurately reflect the current composition of thesefunds. If a fund's underlying holding data is notavailable, it will be classified based on its correspondingoverall Morningstar classification. All data is as of thedate indicated in the report.All pooled investment vehicles (such as mutual funds,closed end mutual funds, and exchange traded funds)incorporate internal management and operationexpenses, which are reflected in the performancereturns. Please see relevant fund prospectus for moreinformation. Please note, performance for mutual fundsis inclusive of multiple share classes.Ineligible Assets: We require that you hold andpurchase only eligible managed assets in your advisoryaccounts. Please contact your Financial Advisor for a listof the eligible assets in your program. These reports mayprovide performance information for eligible andineligible assets in a fee-based program. Since ineligibleassets are not considered fee-based program assets, theinclusion of such securities will distort the actualperformance of your advisory assets. As a result, theperformance reflected in this report can varysubstantially from the individual account performancereflected in the performance reports provided to you aspart of those programs. For fee-based programs, feesare charged on the market value of eligible assets in theaccounts and assessed quarterly in advance, proratedaccording to the number of calendar days in the billingperiod. Neither UBS nor your Financial Advisor will act asyour investment adviser with respect to Ineligible Assets.Variable Annuity Asset Allocation: If the option tounbundle a variable annuity is selected and if a variableannuity's holdings data is available, variable annuitieswill be classified by the asset class, subclass, and stylebreakdown for their underlying holdings. Where avariable annuity contains equity holdings from multipleequity sectors, this report will proportionately allocatethe underlying holdings of the variable annuity to thosesectors measured as a percentage of the total variableannuity's asset value as of the date shown.This information is supplied by Morningstar, Inc. on aweekly basis to UBS FS based on data supplied by thevariable annuity which may not be current. Portfolioholdings of variable annuities change on a regular (oftendaily) basis. Accordingly, any analysis that includesvariable annuities may not accurately reflect the current composition of these variable annuities. If a variableannuity's underlying holding data is not available, it willremain classified as an annuity. All data is as of the dateindicated in the report.Equity Style: The Growth, Value and Core labels aredetermined by Morningstar. If an Equity Style isunclassified, it is due to non-availability of data requiredby Morningstar to assign it a particular style.Equity Capitalization: Market Capitalization isdetermined by Morningstar. Equity securities areclassified as Large Cap, Mid Cap or Small Cap byMorningstar. Unclassified securities are those for whichno capitalization is available on Morningstar.Equity Sectors: The Equity sector analysis may include avariety of accounts, each with different investment andrisk parameters. As a result, the overweighting orunderweighting in a particular sector or asset classshould not be viewed as an isolated factor in makinginvestment/liquidation decisions; but should be assessedon an account by account basis to determine the overallimpact on the account's portfolio.Classified Equity: Classified equities are defined asthose equities for which the firm can confirm the specificindustry and sector of the underlying equity instrument.Estimated Annual Income: The Estimated AnnualIncome is the annualized yearly per shareDividends/interest paid and multiplied by the quantity ofshares held in the selected account(s). For savingsproduct & sweep funds this value is not calculated and isdisplayed as 0.Current Yield: Current yield is defined as the estimatedannual income divided by the total market value.Bond Rating: These ratings are obtained fromindependent industry sources and are not verified byUBS FS. Securities without rating information are leftblank. Rating agencies may discontinue ratings on highyield securities.NR: When NR is displayed under bond rating column, noratings are currently available from that rating agency.High Yield: This report may designate a security as ahigh yield fixed income security even though one ormore rating agencies rate the security as an investmentgrade security. Further, this report may incorporate arating that is no longer current with the rating agency.For more information about the rating for any high yieldfixed income security, or to consider whether to hold orsell a high yield fixed income security, please contactyour financial advisor or representative and do not makeany investment decision based on this report.Credit/Event Risk: Investments are subject to event risk and changes in credit quality of the issuer. Issuers canexperience economic situations that may have adverseeffects on the market value of their securities.Interest Rate Risk: Bonds are subject to market valuefluctuations as interest rates rise and fall. If sold prior tomaturity, the price received for an issue may be less thanthe original purchase price.Reinvestment Risk: Since most corporate issues payinterest semiannually, the coupon payments over the lifeof the bond can have a major impact on the bond's totalreturn.Call Provisions: When evaluating the purchase of acorporate bond, one should be aware of any featuresthat may allow the issuer to call the security. This isparticularly important when considering an issue that istrading at a premium to its call price, since the returnmay be negatively impacted if the issue is redeemed.Should an issue be called, investors may be faced withan earlier than anticipated reinvestment decision, andmay be unable to reinvest their principal at equallyfavorable rates.Effective Maturity: Effective maturity is the expectedredemption due to pre-refunding, puts, or maturity anddoes not reflect any sinking fund activity, optional orextraordinary calls. Securities without a maturity date areleft blank and typically include Preferred Securities,Mutual Funds and Fixed Income UITs.Yields: Yield to Maturity and Yield to Worst arecalculated to the worst call.Accrued Interest: Interest that has accumulatedbetween the most recent payment and the report datemay be reflected in market values for interest bearingsecurities.Bond Averages: All averages are weighted averagescalculated based on market value of the holding, notincluding accrued interest.Tax Status: "Taxable" includes all securities held in ataxable account that are subject to federal and/or stateor local taxation. "Tax-exempt" includes all securitiesheld in a taxable account that are exempt from federal,state and local taxation. "Tax-deferred" includes allsecurities held in a tax-deferred account, regardless ofthe status of the security.Bond sensitivity analysis: This analysis uses ModifiedDuration which approximates the percentage pricechange of a security for a given change in yield. Thehigher the modified duration of a security, the higher itsrisk. For callable securities, modified duration does notaddress the impact of changing interest rates on abond's expected cash flow as a result of a call orprepayment.
Amortization and Accretion: Prior to March 2008,amortization was calculated using the straight linemethod for tax exempt securities and was not calculatedfor taxable securities. Post March 2008, amortization iscalculated using the constant yield method. Prior toOctober 2008, accretion due to original issue discountwas not calculated. Post October 2008, accretion due tooriginal issue discount is calculated using the constantyield method.  Prior to January 2015, accretion due tomarket discount was calculated using the straight linemethod. Post January 2015, accretion due to marketdiscount is calculated using the constant yield method. We assume the securities are held to par andpremiums are calculated to call date. Amortization andaccretion values may be incorrect due to adjustmentsrelated to cost basis. You may hold additional fixedincome securities that may not appear on this report.Please refer to your account statements for informationregarding all of your holdings.Gain/Loss: The gain/loss information may includecalculations based upon non-UBS FS cost basisinformation. The Firm does not independently verify orguarantee the accuracy or validity of any informationprovided by sources other than UBS FS. In addition, ifthis report contains positions with unavailable cost basis,the gain/(loss) for these positions are excluded in thecalculation for the Gain/(Loss). As a result these figuresmay not be accurate and are provided for informationalpurposes only. Clients should not rely on thisinformation in making purchase or sell decisions, for taxpurposes or otherwise. Rely only on year-end tax formswhen preparing your tax return. See your monthlystatement for additional information.Accounts Included in this Report: The account listingmay or may not include all of your accounts with UBSFS. The accounts included in this report are listed underthe "Accounts included in this review" shown on thefirst page or listed at the top of each page. If an accountnumber begins with "@" this denotes assets or liabilitiesheld at other financial institutions. Information aboutthese assets, including valuation, account type and costbasis, is based on the information you provided to us, orprovided to us by third party data aggregators orcustodians at your direction. We have not verified, andare not responsible for, the accuracy or completeness ofthis information.Account name(s) displayed in this report and labels usedfor groupings of accounts can be customizable"nicknames" chosen by you to assist you with yourrecordkeeping or may have been included by yourfinancial advisor for reference purposes only. The namesused have no legal effect, are not intended to reflect anystrategy, product, recommendation, investmentobjective or risk profile associated with your accounts orany group of accounts, and are not a promise or Report created on: February 28, 2023 Page 30 of 31
Item #9. Page 32
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Disclosures applicable to accounts at UBS Financial Services Inc. (continued) guarantee that wealth, or any financial results, can orwill be achieved. All investments involve the risk of loss,including the risk of loss of the entire investment.For more information about account or group names, orto make changes, contact your Financial Advisor.Account changes: At UBS, we are committed tohelping you work toward your financial goals. So thatwe may continue providing you with financial advicethat is consistent with your investment objectives, pleaseconsider the following two questions:1) Have there been any changes to your financialsituation or investment objectives?2) Would you like to implement or modify anyrestrictions regarding the management of your account?If the answer to either question is "yes," it is importantthat you contact your Financial Advisor as soon aspossible to discuss these changes. For MAC advisoryaccounts, please contact your investment managerdirectly if you would like to impose or change anyinvestment restrictions on your account.ADV disclosure: A complimentary copy of our currentForm ADV Disclosure Brochure that describes theadvisory program and related fees is available throughyour Financial Advisor. Please contact your FinancialAdvisor if you have any questions.Important information for former Piper Jaffray andMcDonald Investments clients: As an accommodationto former Piper Jaffray and McDonald Investmentsclients, these reports include performance history fortheir Piper Jaffray accounts prior to August 12, 2006 andMcDonald Investments accounts prior to February 9,2007, the date the respective accounts were convertedto UBS FS. UBS FS has not independently verified thisinformation nor do we make any representations orwarranties as to the accuracy or completeness of thatinformation and will not be liable to you if any suchinformation is unavailable, delayed or inaccurate.For insurance, annuities, and 529 Plans, UBS FS relies oninformation obtained from third party services it believesto be reliable. UBS FS does not independently verify orguarantee the accuracy or validity of any informationprovided by third parties. Information for insurance,annuities, and 529 Plans that has been provided by athird party service may not reflect the quantity andmarket value as of the previous business day. Whenavailable, an "as of" date is included in the description.Investors outside the U.S. are subject to securities andtax regulations within their applicable jurisdiction thatare not addressed in this report. Nothing in this reportshall be construed to be a solicitation to buy or offer tosell any security, product or service to any non-U.S.investor, nor shall any such security, product or servicebe solicited, offered or sold in any jurisdiction wheresuch activity would be contrary to the securities laws or other local laws and regulations or would subject UBS toany registration requirement within such jurisdiction.Performance History prior to the account's inception atUBS Financial Services, Inc. may have been included inthis report and is based on data provided by third partysources. UBS Financial Services Inc. has notindependently verified this information nor does UBSFinancial Services Inc. guarantee the accuracy or validityof the information.Important information about brokerage andadvisory services. As a firm providing wealthmanagement services to clients, UBS Financial ServicesInc. offers investment advisory services in its capacity asan SEC-registered investment adviser and brokerageservices in its capacity as an SEC-registered brokerdealer. Investment advisory services and brokerageservices are separate and distinct, differ in material waysand are governed by different laws and separatearrangements. It is important that clients understand theways in which we conduct business, that they carefullyread the agreements and disclosures that we provide tothem about the products or services we offer. For moreinformation, please review client relationship summaryprovided at ubs.com/relationshipsummary. UBS FS All Rights Reserved. Member SIPC.Non-UBS Assets and Liabilities: This report is notintended to provide you with consolidated informationor reporting regarding your holdings at other firms.However, at your request, this report may includeinformation regarding assets that you hold at otherfinancial institutions so that you may review your assetallocation and/or investment strategy in the context ofyour overall holdings. You should review and maintainthe original documents for these assets, such as thestatements for individual accounts held away from UBS.Those documents may contain notices, disclosures andother information important to you, and may also serveas a reference should questions arise regarding theaccuracy of that information as presented in this report.The information presented for accounts held at otherfinancial institutions has been provided to UBS at yourdirection through your agreement with an Outside AssetData Aggregation Service. These accounts have beenadded to this report at your request and areautomatically updated to reflect the most recent datareceived from the custodian. Information may have alsobeen provided based on documents and valuation youprovided to your Financial Advisor. These accounts havebeen added to this report at your request and may notreflect the current valuation.If an account number begins with "@" this denotesassets or liabilities held at other financial institutions.Information about these assets, including valuation, account type and cost basis, is based on the informationyou provided to us, or provided to us by third party dataaggregators or custodians at your direction. We havenot verified, and are not responsible for, the accuracy orcompleteness of this information.If the information you or your custodians provided to usis not current, inclusion of these assets will impact theaccuracy of the current asset allocation and otheranalysis presented. We do not provide purchase, sale orhold recommendations or advice with respect to yourassets at other firms and do not assume responsibility foractivity you conduct at other financial institutions.UBS’s SIPC coverage applies to assets held at UBS. If youmaintain assets at other firms that may be SIPCmembers, you should contact their financialrepresentative or the other entity or refer to the otherentitys statement regarding SIPC membership. YourUBS Financial Services Inc. account statements are theonly official record of your UBS holdings and accountand are not replaced, amended or superseded by any ofthe information presented in this report.Assets that you hold at other financial institutions arepriced using the closing price reported on the lastbusiness day preceding the date of this report. Everyreasonable attempt has been made to accurately pricesecurities; however, we make no warranty with respectto any security’s price. To determine the value ofsecurities in your account, we generally rely on thirdparty quotation services. If a price is unavailable orbelieved to be unreliable, we may determine the price ingood faith and may use other sources such as the lastrecorded transaction. When securities are held atanother custodian or if you hold illiquid or restrictedsecurities for which there is no published price, we willgenerally rely on the value provided by the custodian orissuer of that security.The value of assets held at other financial institutions isbased on the "Last Refresh Date" displayed. Up todate valuation and information can be obtained directlyfrom the custodian of your assets. The accountstatements you receive from your third party custodianregarding the assets you hold with them are the officialrecord of your holdings and accounts and are notimpacted or superseded by the information in thisreport.Account balances and security pricing will always displayin U.S. Dollars even if assets in your Outside Accountsare denominated in other currencies. UBS will convertany values received in the Outside Account Informationto U.S. Dollars using foreign exchange rates from UBS asof the previous business.
Report created on: February 28, 2023 Page 31 of 31
Item #9. Page 33
Meeting Date: 3/28/2023 / Packet Page #: 121
STAFF REPORT
TO: CHAIR AND AUTHORITY MEMBERS DATE: MARCH 28, 2023
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: GLENDORA HOUSING AUTHORITY ANNUAL REPORT FOR FISCAL YEAR 2021-2022
RECOMMENDATION
That the Housing Authority:
1. Receive and file the annual report; and
2. Direct staff to forward report to the California Department of Housing and Community Development
EXECUTIVE SUMMARY
The information contained in this report includes a discussion of Housing Authority activities conducted during the reporting period meeting the requirements pursuant to Section 34328 of the Health and Safety Code which requires that the Housing Authority prepare and submit an annual report to the California Department of Housing and Community Development (HCD) each year. The annual report is included as Attachment A.
The report also includes financial information which shows that the Housing Authority has an “excess surplus,” which is defined as an unencumbered amount in the fund that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor's preceding four fiscal years, whichever is greater. Staff will include the excess surplus in the FY2024 budget and return to Council to request consideration and approval of the specific allocation once an eligible project has been identified.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In 2011, the State of California took steps to eliminate all redevelopment agencies. Pursuant to these actions, including a legal challenge opposing the elimination of redevelopment agencies, the Glendora Redevelopment Agency was dissolved effective February 1, 2012. To retain and administer the former agency’s low and moderate-income housing assets, the dissolution act allowed the City of Glendora to form a Housing Authority to retain and administer the Redevelopment Agency’s affordable housing assets.
Consequently, the City adopted Resolution No. 2012-04 on January 10, 2012 declaring the need and creating the Housing Authority of the City of Glendora (the “Housing Authority”).
Pursuant to Section 34176, added by ABx1 26 and amended by AB 1484, the State Department of Finance issued a letter in August 2012 confirming that the Housing Authority holds all affordable assets listed in the housing asset transfer schedule submitted to the Department of Finance in July 2012.
DISCUSSION
Pursuant to Section 34328 of the Health and Safety Code, Housing authorities are required to prepare an annual report to the California Department of Housing and Community Development (HCD) each year.
The information contained in this report includes a discussion of Housing Authority activities during the reporting period. Additionally, SB 341 requires successors to redevelopment housing assets to prepare an annual report for each fiscal year of the housing successor.
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Staff Report Page 2 of 3
Annual expenditures of the Housing Authority are primarily for the administration of overseeing Housing Authority activity. Activity includes annual monitoring of affordable units at the Heritage Oaks Apartments and Elwood Apartments. The Housing Authority also administers a portfolio of loans made to low-income households for home improvements. While the Housing Authority is not currently providing home improvement loans or undertaking construction of low-income housing, efforts are focused on the preservation of existing affordability restrictions.
The attached report, prepared by Keyser Marston Associates, Inc. for the Housing Authority, is intended to satisfy annual and fiscal year reporting requirements under Section 34328 and 34176.1. The report covers fiscal year 2021-2022. Once the Housing Authority accepts the report, staff will submit the combined report to HCD.
The Housing Authority will also need to discuss excess surplus, another component to the annual housing report. In addition to reporting on activities, the report includes the Housing Authority financials as listed in the City’s Annual Comprehensive Financial Report (ACFR) as well as deposits made into the fund over the past four fiscal years. Excess surplus is defined as an amount in the fund that exceeds the greater of one million dollars ($1,000,000) or the total amount deposited into the fund during the housing successor's preceding four fiscal years, whichever is greater.
A summary of the fund balance, the deposits and the excess surplus for the last four years is in the table below. Additional detail is found on Table 4 of the report. In summary, the Authority must spend, or at least encumber $596,592 before July 1, 2023 if it wishes to avoid transferring the funds to the state for certain state housing programs. An additional $506,337, however, will need to be spent or encumbered by July 1, 2025 (for a total of $1,102,929 excess surplus). Pursuant to the statute, any excess surplus in the LMIHAF must be spent or at least encumbered on eligible expenditures specified for excess surplus within three years or be subject to transfer to the state.
Excess Surplus Calculation July 1, 2019 July 1, 2020 July 1, 2021 July 1, 2022 Available Housing Authority Balance: $2,195,772 $2,241,861 $2,292,283 $2,271,559 Aggregate Deposits – Prior 4 Years: $2,234,804 $1,645,269 $2,097,400 $1,168,630 Excess Surplus: ($39,032) $596,592 $194,883 $1,102,929
Must be spent (or encumbered) by: 6/30/2022 6/30/2023 6/30/2024 6/30/2025 Annual deposits are not a regular recurring amount. On average, the Housing Authority’s annual revenue averages about $150,000 if certain one-time revenues are excluded. There are a few outlying deposits which skew the average and create the excess surplus. In 2016-2017, $1,015,230 was received as additional rent from the Heritage Oaks property as part of their refinance. Per the terms of the Leasehold Agreement with the owner of Heritage Oaks, the Authority is due 20% of any proceeds realized from a refinance. In 2019-20, $405,007 was both received and spent by the Authority as part of its proportionate share of the City’s Pension Obligation Bonds which were issued to pay for unfunded pension liabilities.
This year, in addition to the normal deposits, the Successor Agency received a nonregular payment from the City/Agency loans under H&SC Section 34191.4 which resulted in a required payment to the Housing Authority of 20% or $67,559.
The City is currently exploring development of an affordable housing project which is an eligible use of excess surplus funds under Health and Safety Code (HSC) 34176.1 subdivision (d). Staff will recommend including $800,000 in the FY2024 budget to cover the combined excess surplus amounts that must be encumbered by the end of FY23 and FY24. Staff will return to City Council once the specific project has been identified in order to obtain Council’s approval on the allocation of those funds to the specific project.
FISCAL IMPACT
The cost to prepare this report for the Housing Authority with assistance from Keyser Marston Associates, Inc. is not to exceed $5,000. It is funded under the 2022-2023 Housing Authority Fund budget for contract services.
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Staff Report Page 3 of 3
ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.
Prepared By Alycia Suniga, Management Analyst
Concurs With Not Applicable
Reviewed By Valerie Velasquez, Economic Development and Housing Manager Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Glendora SB 341 Annual Housing Report
Item #10. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 124
13150.005.001
Glendora Housing Authority as
Housing Successor to the Glendora
Community Redevelopment Agency
Annual Report
Fiscal Year
2021-22
February 2023
Prepared for:
Glendora Housing Authority
Prepared by:
Keyser Marston Associates, Inc.
Item #10. Page 4
Meeting Date: 3/28/2023 / Packet Page #: 125
13150.005.001
Annual Report
Glendora Housing Authority
Introduction
This document represents the annual report of the Glendora Housing Authority (“Authority”), acting as housing successor to the former Glendora Redevelopment Agency (“Former Agency”), as required pursuant to Section 34328 of the Health and Safety Code. Additional reporting requirements for housing successors were added by SB 341, which amended Section 34176 and added Section 34176.1 to the Health and Safety Code. Changes to the reporting requirements in Section 34176.1 were included in SB 107, which was enacted in September 2015 and became effective immediately. This annual report includes the reporting requirements of both Sections of the Health and Safety Code (34328 and 34176.1).
Section 34328 requires housing authorities to generally report on their activities for the preceding year.
Section 34176.1 requires housing successors to cause the preparation of annual audited financial statements and report on specific additional activities of the housing successor.
Redevelopment Dissolution Act
In December 2011, the California Supreme Court issued its opinion in the case of California Redevelopment Association, et al., v. Matosantos, et al. The Court upheld the right of the state to dissolve redevelopment agencies pursuant to Part 1.85 (commencing with Section 34170) of Division 234 of the California Health and Safety Code, enacted by AB x1 26, and as amended on June 27, 2012 by AB 1484 (the “Dissolution Act”), Based on modified timelines approved by the Court, all redevelopment agencies, including the Former Agency, were dissolved effective February 1, 2012. The City of Glendora elected to function as the successor to the Former Agency (“Successor Agency”) and to form a Housing Authority to serve as the governing body for the Former Agency’s low and moderate income housing assets. Under the Dissolution Act, successor agencies are charged with winding down the affairs of former redevelopment agencies and paying their obligations. Housing successor entities are different legal entities and have different duties under the Dissolution Act. Housing successors received the non-cash housing assets1 of former redevelopment agencies and are charged with monitoring and maintaining existing low- and moderate income housing assets and meeting outstanding requirements for former redevelopment agencies.
Under the Dissolution Act, housing successors have no ongoing revenue source except for program income (revenue generated by non-cash housing assets) and 20% of loan repayments, if any, made by successor agencies to cities as repayment of loans the cities made to the former redevelopment agencies under the special repayment provisions of the Health and Safety Code (Section 34191.4). In the City of Glendora, loan repayments from the Successor Agency to the City pursuant to a loan authorized for repayment under Section 34191.4 are currently being made.
1 In addition to non-cash housing assets, the Authority/City was able to retain any cash that was encumbered for specific housing obligations.
Item #10. Page 5
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Annual Report
Glendora Housing Authority
13150.005.001
Section 34328
Section 34328 requires that housing authorities prepare annual reports that contain information adequate for the City and the Department of Housing and Community Development (“HCD”) to determine that its activities meet the requirements of the laws governing housing authorities’ powers, specifically Section 34312.
Section 34312.3 allows housing authorities to:
1. Issue bonds,
2. Make or undertake construction or mortgage loans,
3. Purchase construction or mortgage loans,
4. Develop, rehabilitate, or finance housing projects,
5. Purchase, sell, lease, own, operate or manage housing projects, and
6. Convey surplus land it acquires from another public agency to a private entity for the development of single-family homes.
Section 34328 does not contain specifics as to what is to be included in the annual report nor are there other statutes that provide additional guidance or requirements. When contacted in connection with preparing another annual report, HCD provided little additional guidance except to suggest that housing authorities should report on their activities. They further noted that annual reports from housing authorities that have been submitted to HCD are not being analyzed or summarized because of a lack of resources at HCD. In accordance with this guidance and the requirements of Section 34328, the activities of the Authority are summarized below and quantified in the attached tables.
Housing Authority Activities
The Authority’s only ongoing source of revenues are monies received from loans and other assistance provided in previous years by either the Former Agency or the Authority, most of which do not have regularized payments. The Authority’s program revenues seem to be averaging about $150,000 per year if certain one-time revenues are excluded.2
Without consistent reliable funding, the Authority’s current and future efforts will be mostly focused on preserving and monitoring previously assisted low and moderate income housing units.
The Authority administers, monitors and maintains the following affordable housing projects:
Heritage Oaks: A senior citizen complex at Glendora Avenue and the I-210 Freeway (Project Area 1).
Heritage Oaks consists of 157 senior rental units, a portion of which are rent restricted to very-low and low income seniors. The Authority leases the Heritage Oaks site to the owner of the complex. The Authority recently entered into a Settlement Agreement and the Third Amendment to the Disposition and Development Agreement with the owners of Heritage Oaks. As the result of that process, the 2 The Authority received one-time revenue of $575,739 as a result of selling its only land holding in 2014-15 and $1,015,230 was received in 2016-17 as additional rent because the Heritage Oaks property was refinanced. Per the terms of the Leasehold Agreement with the owner of Heritage Oaks, the Authority is due 20% of any proceeds realized from a refinance.
Item #10. Page 6
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Annual Report
Glendora Housing Authority
13150.005.001
number of affordable units has increased from 47 to 52. The affordability requirements will be in effect until at least 2065.
Elwood Apartments: An 87 unit family apartment complex at Elwood Avenue and Route 66. All 87 units are rent restricted to low income households. The affordability requirements will be in effect until at least 2065.
Habitat for Humanity: In 2008, the Former Agency acquired a vacant single family lot at 252 S. San Jose Avenue. The Former Agency subsequently entered into an affordable housing agreement with Habitat for Humanity for the construction of a new single family home. Pursuant to this agreement, the Former Agency contributed the land in exchange for a 45 year affordability covenant. During the 45 year period, the house may only be sold and occupied by a low income household. The house was completed and occupied in 2011.
Affordable Housing Loans: The Authority administers home improvement and other affordable housing loans that were made by the Former Agency. These are loans that were made to assist eligible households’ purchase affordable housing and/or improve their existing homes.
Reporting Requirements from SB 341 / SB 107
SB 341 was enacted in 2013 and imposed different housing requirements on entities acting as housing successors to former redevelopment agencies, which requirements became effective starting January 1, 2014. Specifically, SB 341 amended Section 34176 and added Section 34176.1 to the Health and Safety Code. It applies to unencumbered funds held by housing successors and provides that these funds must be used as was previously required for monies in former redevelopment agencies’ low and moderate income housing funds. In addition, SB 341 restricts expenditures from the housing funds to assist moderate income households and provides new targets on the income levels housing successors must spend their funds to assist. The statutes were amended in 2015 by SB 107, which provided for some changes to the law, including allowing more money for administrative costs (5% of assets), and added more reporting requirements.
Specific Reporting per Section 34176.1
The current Section 34176.1 reporting requirements include 13 separate items on which the Authority must report. Many of the requirements involve simply reporting a number or numbers included in the Authority’s audited financial statements, which are included in the City’s Annual Comprehensive Financial Report (ACFR). Responses to all 13 items are included in Table 1. Those items which require additional calculation to document are included in Tables 2 through 5. A brief description of each of the 13 requirements as it applies in Glendora is also included below:
Item #10. Page 7
Meeting Date: 3/28/2023 / Packet Page #: 128
Annual Report
Glendora Housing Authority
13150.005.001
1. 34191.4 Loan Repayments: Amount received from the Successor Agency equal to 20% of certain loan repayments between cities and successor agencies that are subject to Section 34191.4. While the Successor Agency provides such payments, they are made based on annual HCD approval.
2. Housing Fund Deposits: Amounts deposited into the Low and Moderate Income Housing Asset Fund (“LMIHAF”). Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
3. Housing Fund Balance: Balance in the LMIHAF as of the close of the fiscal year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
4. Annual Expenditures: A description of expenditures from the LMIHAF during the fiscal year by category.
The expenditures include, but are not limited to, the following:
Monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered by the Former Agency or Authority and administering the activities of the housing successor. The Authority is allowed to spend up to the greater of $200,000 or 5% of the value of the Housing Assets Portfolio (defined and calculated in Section 5). Homeless prevention and rapid rehousing services as follows:
Up to $250,000 per year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance. These funds can be used for the provision of short-term or medium-term rental assistance, contribution toward the construction of local or regional homeless shelters, housing relocation and stabilization services.
Services provided with these funds can include housing search, mediation, outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.
Eligible transfers to another housing successor for the sole purpose of the following are allowed if certain conditions are met (detail provided in Section 34176.1(c)(2)):
Development of transit priority projects,
Permanent supportive housing,
Housing for agricultural employees,
Special needs housing, or
Regional homeless shelter.
The development of housing in accordance with income targeting requirements(defined in Section 10).
Item #10. Page 8
Meeting Date: 3/28/2023 / Packet Page #: 129
Annual Report
Glendora Housing Authority
13150.005.001
5. Non-Cash Assets: The statutory value of real property, if any, owned by the Authority, and the value of loans and grants receivable. The Authority has loans and grants receivables but does not own any land held for resale. The Authority does, however, own land subject to long term lease for a previously completed affordable housing project. It should be noted that the ACFR doesn’t include the Authority’s land in the LMIHAF fund but instead shows it in the Capital Assets fund.
6. Description of Transfers: If any transfers have been made to other housing successors in FY 2020-21, or transfers in previous years that are still unencumbered, a description of and status update on any projects for which transferred funds have been or will be expended if the project has not yet been placed in service. The Authority has not transferred funds to other housing successors.
7. ROPS Funding for Housing: A description of any project(s) for which the housing successor receives or holds property tax revenue pursuant to the ROPS and a status update of that project. The Authority does not have any housing projects it is funding through the ROPS process.
8. Duration of Land Held: A status update of the Authority’s compliance with 2014 restrictions on the length of time that land can be held by the Authority without being developed for housing. The Housing Authority sold the only property it held for resale during the 2014-15 fiscal year. As such, this section Is no longer applicable for the Authority. The Authority has also not purchased any land since 2012 with LMIHAFs.
9. Housing Production and Housing Replacement: A description of any progress that has been made on meeting any of the outstanding replacement housing obligations and/or housing production requirements per Section 33413 of the Health and Safety Code. Replacement housing obligations refer to the requirement that the redevelopment agencies replace any housing units that were destroyed directly or indirectly by the redevelopment agency. Housing production requirements refer to the obligation that redevelopment agencies had to ensure that 15% of all residential units constructed within the boundaries of redevelopment project areas remain affordable to very-low, low and moderate income households for specified periods of time. While these requirements are not really applicable since redevelopment dissolution, SB 107 appears to specify that any outstanding obligations of a redevelopment agency at the time of dissolution (February 1, 2012) under these provisions should be met by the housing successor. The Former Agency had no outstanding housing production or housing replacement obligations when it dissolved in 2012.
10. Expenditure Targeting by Income Level: The information required by 34176.1(a)(3)(B), which involves targeting expenditures of unencumbered funds from the LMIHAF mainly towards households with extremely-low, very-low and low incomes. Further, the statute requires that the Authority report the compliance with these requirements every five years, commencing with 2018-19 for the current five year period.
3 Since this restriction was enacted in January 2014, the Authority’s expenditures have been focused on preserving, monitoring and maintaining existing units. As a result, this section is not currently applicable. Expenditures made from the LMIHAF for the five year period commencing in 2019-20 are shown in Table 2. However, the income targeting test does not need to be reported until the 2023/24 Annual Report.
3 Compliance with requirements for the previous 5-year period was demonstrated in the report prepared for the 2018-19 fiscal year.
Item #10. Page 9
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Annual Report
Glendora Housing Authority
13150.005.001
11. Expenditure Targeting by Age: Compliance with limitations on the number of assisted units that are restricted for seniors and assisted individually or jointly by the housing successor, its former redevelopment agency and/or the city within the previous 10 years. Because of the length of time that has elapsed since either the Authority or the Former Agency were active in assisting the development of affordable housing, no senior housing developments fall within the 2012 to 2022 timeframe outlined by the statute. See Table 3.
12. Excess Surplus: Compliance with current regulations restricting the amount of money that a housing successor can accumulate in the LMIHAF. As currently defined, excess surplus is an amount in the LMIHAF that exceeds the greater of $1,000,000 or the total amount deposited to the LMIHAF in the previous four years. The available balance in the LMIHAF exceeded both $1,000,000 and the amount deposited in the previous four years as of July 1, 2020. Because of annual variations in the amount of one-time revenues the Authority has received, the cumulative amount of revenue deposited in the four prior years varies from year to year. As such, while the Authority had an excess surplus as of July 1, 2020 in the amount of $596,592, and $194,883 as of July 1, 2021, the excess surplus has increased to $1,102,929 as of July 1, 2022. See Table 4. Pursuant to the statute, any excess surplus in the LMIHAF must be spent on eligible expenditures within three years or be subject to transfer to the state.4 In
other words, the Authority must spend, or at least encumber, $596,592 before July 1, 2023 if it wishes to avoid transferring the funds to the state for certain state housing programs. An additional $194,883 will need to be spent or encumbered by July 1, 2024. The Authority is currently in negotiations to purchase a 2.17 acre site for $4.725 million for purposes of developing an affordable housing or interim housing project, and will enter into a Purchase and Sale Agreement by June 30, 2023. This will eliminate the excess surplus and put the LMIHAF back into compliance.
13. Homeownership Unit Inventory: An inventory of deed restricted homeownership units assisted by the Authority or Former Agency, including the number of units lost to the portfolio in the last fiscal year, the reason for that loss, and funds received by the Authority as a result of the loss of any of those units.
Finally, if the Authority has contracted with any outside entity for management of the homeownership units, the entity is to be identified. See Table 5.
4 The Authority can spend the surplus funds directly to assist in the development of eligible affordable housing projects or transfer the money to another entity for the development of transit housing projects.
Item #10. Page 10
Meeting Date: 3/28/2023 / Packet Page #: 131
TABLE 1
ANNUAL REPORT REQUIRED BY SB 341 1
FISCAL YEAR 2021-22
GLENDORA HOUSING AUTHORITY
Description H & S Code Timeframe
1. Amount Received per Special City Loan (34191.4) 34176.1(f)(1) 2020-21 $137,299
2. Amount Deposited into LMIHAF During 34176.1(f)(2) 2020-21 $258,951 2 Amount Received per Special City Loan (34191.4) / ROPS Items $137,299 Other Amounts Deposited $121,652
3. Balance in the LMIHAF as of Fiscal Year End 34176.1(f)(3) 6/30/2021 $7,079,228 3 Bond Proceeds $0
Held for Items Listed on ROPS $0
Other Funds $7,079,228
4. LMIHAF Expenditures by Category 34176.1(f)(4) 2020-21 ROPS Related Monitoring & Administration $0 $265,632 2
Homeless Prevention & Rapid Rehousing $0 $0
Approved Transfers $0 $0
Housing Development $0 $0
Total LMIHAF Expenditures $0 $265,632
Allowable Administrative Costs at 5.0% of Assets 34176.1(a)(1) 6/30/2022 N/A $535,595 4 Max. Annual Transfer, if Eligible 34176.1(c)(2) 2021-22 $1,000,000 Max Annual Housing Prevention & Rapid Rehousing Expenditures 34176.1(a)(2) 2021-22 $250,000
5. Non-Cash Assets - Total 34176.1(f)(5) 6/30/2021 N/A $10,711,908 Statutory Value of Real Property (Land held for Resale) $0 Statutory Value of Real Property (Land held for Ground Lease in ACFR Capital Assets) $6,000,000 3 Loans and Grants Receivable $4,711,908
6. Description of Transfers to Other Housing Successors 34176.1(f)(6) Not Applicable
7. Projects with Funding Included on the ROPS 34176.1(f)(7) 2020-21 N/A None
8. Duration of Property Held 34176.1(f)(8) 6/30/2021 N/A Not Applicable 3 9 Obligations Outstanding per 33413 34176.1(f)(9) 6/30/2021 N/A Housing Production None 5
Housing Replacement None 5
10 Expenditure Targeting Requirements 34176.1(f)(10) 2020-21 N/A See Table 2 11 Rental Housing Units Restricted for Seniors 34176.1(f)(11) 6/30/2021 N/A See Table 3 12 Excess Surplus Calculation/Reporting 34176.1(f)(12) 7/1/2020 N/A See Table 4 13 Homeownership Unit Inventory 34176.1(f)(13) 6/30/2021 N/A See Table 5 1 2
3 4
5 Total
See preceding narrative for more complete description of each entry included on this table.
Revenues and expenses for 2020-21 include a FTHB loan repayment, HIP loan repayment, interest, a payment from the Successor Agency, staff salaries/benefits, payment on POB.
Maximum allowable administrative costs equals the greater of $200,000 or 5.0% of the statutory value of real property and loans/grants receivables.
The Former Agency had no outstanding housing production or replacement housing requirement when it was dissolved on February 1, 2012. Based on the 2012 Implementation Plan prepared by the Former Agency, there was a 127 housing production surplus and the Agency had not demolished directly or indirectly any units during the 2010 to 2012 period, and have fulfilled all past replacement housing obligations.
Low and Moderate Income Housing Asset Fund (LMIHAF)
Other Reporting Requirements
The Authority does not own any land held for resale. However, the book value for property owned by the Authority and ground leased for an affordable housing project is estimated at $6,000,000 in the Capital Assets account.
Housing Authority Annual Report Page 7 Table 1 2021-22
Item #10. Page 11
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TABLE 2
LMIHAF EXPENDITURE TARGETING REQUIREMENTS BY INCOME GROUP FISCAL YEAR 2021-22
GLENDORA HOUSING AUTHORITY
Annual Expenditures Breakout
Year 1
2019-20
Year 2
2020-21
Year 3 2021-
22 Year 4
2022-23
Year 5
2023-24 Total
Monitoring & Administration Expeditures $573,190 $155,950 $265,632 $0 $0 $994,772 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Housing Production Expenditures
Extremely-Low Income (30% AMI or Below) $0 $0 $0 $0 $0 $0 Very-Low / Low Income (31% to 59% AMI) $0 $0 $0 $0 $0 $0 Lower Income (60% to 80% AMI) $0 $0 $0 $0 $0 $0
Total Housing Production Expenditures $0 $0 $0 $0 $0 $0 Grand Total $573,190 $155,950 $265,632 $0 $0 $994,772
Income Targeting Tests Totals
As % of
Totals Status
Extremely-Low Income Expenditures $0 0.0% OK
Very-Low / Low Income Expenditures $0 0.0%
Lower Income Expenditures $0 0.0% OK
Total Housing Production Expenditures $0 0.0%
Homeless Prevention & Rapid Rehousing Services
Expenditures
Approved Transfers
Requirement
At Least 30% of Production
Expenditures for 5 Year Period
At Most 20% of Total Housing
Production Expenditures for 5 Year
Period
Housing Authority Annual Report Page 8 Table 2 2021-22
Item #10. Page 12
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TABLE 3
SENIOR HOUSING TARGETING REQUIREMENTS
PROJECTS ASSISTED IN THE LAST 10 YEARS (2012 - 2022)
GLENDORA HOUSING AUTHORITY
10-Year Period for Test Required by 34176.1(b) Type Year Built Units
Built 1
Affordable
Units Built 1
10 Year Total
2012 - 2022
Housing Production / Authority and Former RDA
No Age Restrictions 2
N/A N/A N/A 0 0 N/A
Total Families/Non-Age Restricted Units 0 0 0
Age Restrictions
N/A N/A N/A 0 0 N/A
Total Senior Units 0 0 0
Total Assisted Rental Units 0 0 0
Percentage Restricted for Seniors 0.0% 0.0%
Maximum Percentage Allowable: 3 50.0% 50.0%
1 2
3 The Authority is not over its maximum allotment for senior housing.
Excludes units that are occupied by on-site managers or are otherwise not income restricted. "No Age Restrictions" means units which are available to rent to all persons regardless of age.
Housing Authority Annual Report Page 9 Table 3 2021-22
Item #10. Page 13
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TABLE 4
EXCESS SURPLUS CALCULATION 1
FISCAL YEARS 2018-19, 2019-20, 2020-21 AND 2021-22
GLENDORA HOUSING AUTHORITY
Excess Surplus Calculation FY 18/19 FY 19/20 FY 20/21 FY 21/22 Available LMIHAF Balance Calculation
LMIHAF Balance as of July 1 2 $6,939,068 $6,955,793 $7,079,228 $7,076,542 (Less) Land, Receivables, Payables, Liabilities & Other Encumbrances (4,743,296) (4,713,932) (4,786,945) (4,804,983) Available LMIHAF Balance as of 7/1 $2,195,772 $2,241,861 $2,292,283 $2,271,559 Amounts Deposited into the Account in Prior 4 Years
2014-15 $787,365 N/A N/A N/A
2015-16 $140,983 $140,983 N/A N/A
2016-17 3 1,204,956 1,204,956 1,204,956 N/A
2017-18 101,500 101,500 101,500 101,500
2018-19 N/A 197,830 197,830 197,830
2019-20 N/A N/A 593,114 593,114
2020-21 N/A N/A N/A 276,186
Housing Production / Authority and Former RDA $2,234,804 $1,645,269 $2,097,400 $1,168,630 Maximum Unencumbered LMIHAF Balance:4 $2,234,804 $1,645,269 $2,097,400 $1,168,630 Statutory Value of Real Property (Land held for Resale) Computed Excess Surplus ($39,032) $596,592 $194,883 $1,102,929 Date by which Excess Surplus must be encumbered: 6/30/2022 6/30/2023 6/30/2024 6/30/2025 1 2
3 4
Computed using the approach employed by the Authority's auditors in Fiscal Year 2017-18.
Includes $67,559 in funds transferred to the Housing Authority from the Successor Agency resulting from the requirements for the repayment of the City/Agency loans under H&SC Section 34191.4.
Fiscal Year 2019-20 is the first year that the Authority's fund balance exceeds the sum of the deposits in the four prior years. As a result the Authority must spend or encumber $596,592 on eligible costs within three years.
While the Authority does not own any land held for resale, the book value for property owned by the Authority and ground leased for an affordable housing project is estimated at $6,000,000 in the Capital Assets account.
Housing Authority Annual Report Page 10 Table 4 2021-22 Item #10. Page 14
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TABLE 5
HOMEOWNERSHIP INVENTORY REPORTING PER 34176.1(f)(13)
AS OF JUNE 30, 2022
GLENDORA HOUSING AUTHORITY
34716.1(F)(13), subsection FY 2021-22
A. An inventory of homeownership units assisted by the Former Agency: 1 Beginning Balance of Inventory of Homeownership Units Transferred to Authority in 2012 29 Units (Less) Homeownership Units Lost through June 30, 2021 (2 Units) (Less) Homeownership Units Lost During FY 2021-222 (2 Units) Ending Balance of Homeownership Units Inventory as of 6/30/2022 25 Units B.1 Number of units lost after June 30, 2021: 2 Units
B.2 Reasons for the Loss(es): Loan Repayment
C. Any funds returned to the Housing Successor: $74,132 D. Management of Single-Family Housing Units/Loans: AmeriNational 1 2 Loss of one Home Improvement Program (HIP) unit and one First Time Home Buyer (FTHB) unit.
Includes 252 S. San Jose Avenue, developed by Habitat for Humanity and 28 first-time homebuyer and rehabilitation loans.
Housing Authority Annual Report Page 11 Table 5 2021-22 Item #10. Page 15
Meeting Date: 3/28/2023 / Packet Page #: 136
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: COMMUNITY SERVICES DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GLENDORA APPROVING APPLICATION FOR MEASURE A ANNUAL ALLOCATION
FUNDS AS IT RELATES TO LOUIE POMPEI MEMORIAL SPORTS PARK SHADE STRUCTURE PROJECT (STRATEGIC PLAN ITEM 48-IMCIF & 49-IMCIF)
RECOMMENDATION
That the City Council:
1. Adopt a City Council Resolution entitled “A RESOLUTION OF THE CITY COUNCIL APPROVING
THE FILING OF AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT FOR MEASURE A FUNDING FOR THE LOUIE POMPEI MEMORIAL SPORTS PARK SHADE STRUCTURES” as it relates to the Louie Pompei Memorial Sports Park Shade Structure Project.
EXECUTIVE SUMMARY
The Los Angeles County Regional Park and Open Space District (RPOSD) Measure A Annual Allocation Grant Program allocates funds to identified public agencies on an annual basis. Funds can be spent the year they are allocated, or they can be saved for up to five years.
Louie Pompei Memorial Sports Park located at 1100 S Valley Center Ave, is a heavily used sports complex within the City. The fields are reserved year-round by various sports league including Softball, Football, and Soccer. The Youth Leagues utilize the complex for practice and games all throughout the week. The seating area at the complex has no shade available. Staff would like to apply the annual allocation in the amount of $920,131.31 to purchase and install shade structures over the seating area at Louie Pompei Memorial Sports Park.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
No previous legislation or actions.
DISCUSSION
The Community Services Department is seeking funding for the Louie Pompei Shade Structure Project, which would include wrap around cantilever shade structures to provide shade to the seating areas for all five fields (six seating areas) at the complex. The current seating areas have no permanent shade structures which causes the community members to have to bring and set up their own shade canopies.
The temporary shade canopies that are set up by those in attendance fill up the space and leave less room for seating and less visibility for attendees.
The shade structure that would be provided by the City would create a more comfortable experience for all users as well as eliminating the need for users to bring their own shade option.
Maintenance on the shade structures is very minimal because of the High-Density Polyethylene material they are made of. The High-Density Polyethylene (HDPE) is naturally very resistant to dirt and does not Item #11. Page 1
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Staff Report Page 2 of 2
retain moisture. This means it won’t rot or mildew like canvas or other similar products. In the case of vandalism, the fabric is repairable, with costs as low as only 5% of total replacement value.
An adopted resolution from the Glendora City Council authorizing the application for funds, along with the application packet materials, are due to the Los Angeles County Regional Park and Open Space District (RPOSD) as soon as possible to be able to apply for the funds.
FISCAL IMPACT
The funds for this project were included in the adopted 5-year Capital Improvement Program projects for Fiscal Year 2024 in the amount of $1,035,000. The fund to be used is 217 – Measure A.
The estimated project cost when it was added into the budget was $1,035,000 for the purchase of the shade structures and installation over the seating areas at all 5 fields (six seating areas) at Louie Pompei Memorial Sports Park. The Los Angeles RPOSD has allocated $920,131.31 to the City of Glendora. The City is not responsible for any grant match; however, the City would have to pay for the project in full and then submit for reimbursement once the project is complete.
ENVIRONMENTAL DETERMINATION
The City of Glendora, as lead agency, is responsible for preparing environmental documentation in accordance with CEQA. A Notice of Exemption (NOE) will be prepared for the project pursuant to CEQA Guidelines and submitted when funding is secured.
Prepared By Kelsey Fay, Acting Management Analyst
Concurs With Not Applicable
Reviewed By John Aguirre, Community Services Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Resolution
Item #11. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 138
RESOLUTION CC 2023-____
A RESOLUTION OF THE CITY COUNCIL APPROVING THE FILING OF
AN APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES
COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR
MEASURE A FUNDING FOR THE LOUIE POMPEI MEMORIAL
SPORTS PARK SHADE STRUCTURES
THE CITY COUNCIL
City of Glendora, California
WHEREAS, Measure A also designated the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary policies and procedures governing the application for grant funds under Measure A; and
WHEREAS, the District’s policies and procedures require the governing body of the City of Glendora to approve of the filing of an application before submission of said application to the District; and
WHEREAS, said application contains assurances that the City of Glendora must comply with; and
WHEREAS, City of Glendora will enter into Agreement with the District to provide funds for acquisition projects, development projects, and/or programs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approves the filing of an application with the Los Angeles County Regional Park and Open Space District for Measure A Funds for purchase and installation of shade structures at Pompei Park in the City of Glendora; and
SECTION 2. Certifies that City of Glendora understands the assurances and will comply with the assurances in the application form; and
SECTION 3. Appoints the Community Services Director, or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of projects or programs.
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.
SECTION 5. The City Clerk is hereby directed to forward a copy of this resolution to the Community Services Director, and another copy to the Administrative Services Director.
Item #11. Page 3
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Resolution CC 2023-_____ Page 2 of 2
APPROVED and PASSED this __ day of ________, 2023.
City Council of Glendora, CA
BY:
GARY BOYER
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 2023, 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 #11. Page 4
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD THE CONTRACT TO SUPERIOR PAVEMENT MARKINGS, INC. FOR ASNEEDED SIGNING AND STRIPING MAINTENANCE AND REPAIR SERVICES IN THE AMOUNT OF $40,524 PER YEAR FOR THREE YEARS (STRATEGIC PLAN ITEM 49- IMCIF)
RECOMMENDATION
That the City Council:
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 Superior Pavement Markings, Inc. for as-needed signing and striping maintenance and repair services in the amount of $40,524 with a 10% contingency in the amount of $4,052 for a total amount of $44,576 per year;
3. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes; and
4. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.
EXECUTIVE SUMMARY
Staff conducted a request for proposals (RFP) for as-needed signing and striping maintenance and repair services, two bid proposals were received, and Superior Pavement Markings, Inc. (Superior Pavement Markings) was the lowest responsive bidder. Based on this, staff recommends that City Council award Superior Pavement Markings a 3-year agreement for as-needed signing and striping maintenance and repair services in the amount of $40,524 per year, for a total of $121,572. Sufficient funds were specifically budgeted for on-call services in the Streets Division’s Contract Services accounts 205-6562-59100 and 531-6562-59100.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
At their June 14, 2022 meeting, City Council adopted the Fiscal Year (FY) 2022-23 Mid-Cycle Budget, which included funding for on-call signing and striping maintenance and repair services in the Streets Division’s Contract Services accounts 205-6562-59100 and 531-6562-59100.
DISCUSSION
The purpose of this contract would be to expand the City’s capacity to perform needed signing and striping repairs around the City, enhance response times when staff resources are reduced or preoccupied, as well as better enable more proactive identification of issues by staff.
In anticipation of requesting additional funds in the following fiscal year as part of the FY2022-23 MidCycle Budget, and to determine an estimated amount to request, staff conducted an exploratory RFP for various street-related services, including signing and striping maintenance and repairs. The RFP was released January 13, 2022 on QuestCDN, with notice published in the San Gabriel Valley Examiner on Item #12. Page 1
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January 13 and January 20, 2022. Proposals were due by and opened on February 10, 2022. Two proposals were received, and Superior Pavement Markings was the lowest bidder with a bid amount of $40,524 per year at that time.
At their June 14, 2022 meeting, City Council adopted the FY 2022-23 Mid-Cycle Budget, which included additional funding to accommodate these additional contract services. Before potentially conducting a new RFP to secure pricing, staff recontacted Superior Pavement Markings to confirm their continued interest, as well as verify their bid price given the time that had passed between the RFP and award. Superior Pavement Markings indicated that they were still interested. Based on this, staff is recommending they be awarded the contract as the lowest responsive bidder. The contract would be for 3-years, with options to extend up to two additional years with City Council approval.
Contractor Location Annual
Amount
Superior Pavement Markings Inc Cypress, CA $40,524
PCI Azusa, CA $40,625
FISCAL IMPACT
Sufficient funds for the contract were approved as part of the adopted FY2022-23 Mid-Cycle Budget update and are available in the Streets Division’s Contract Services Accounts 205-6562-59100 and 531- 6562-59100. 531 Water Operations funding will be utilized where signing and striping maintenance and repairs are related to City water infrastructure maintenance and repairs.
Fund Account
Number
Amount
205 Gas Tax Fund 205-6562-59100 $40,000
531 Water Operations Funds 531-6562-59100 $50,000
Total $90,000
ENVIRONMENTAL DETERMINATION
Attached is the Notice of Categorical Exemption for Council for review and adoption.
Prepared By Maliha Ansari, Principal Civil Engineer
Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant Public Works Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Jeff Kugel
ATTACHMENTS:
A. Notice of Exemption
B. Bid Summary
C. Plan Holder List
D. Bid Extensions
E. Bid Proposal
F. Contract Agreement
Item #12. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 142
rvp7/3/97
CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741
NOTICE OF EXEMPTION
Project Title: Signing and Striping Maintenance and Repair Serviced FY 2022-23.
Project Location: Citywide.
Project Sponsor: City of Glendora Public Works Department Mailing Address: 116 East Foothill Boulevard, Glendora CA 91741 General Plan Land Use Designation: Low Medium Density Residential, High Density Residential, Open Space, General Commercial, Regional Commercial, and Civic/Institutional.
Zoning Designation: R1, R2, R3, C-3, E-7, and CM
Project Description: Project involves replacing existing signing and striping.
Surrounding Land Uses and Setting: Surrounding land uses include various residential and commercial zones.
The Community Development Director recommends the following exempt status / findings:
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: Class 1-Existing Facilities
Section: 15301(c)
Statutory Exemption. Code Number:
Reasons why project is exempt: The project involves improvements to existing public streets.
Date:
Jeff Kugel, Community Development Director
The above recommended exempt status and findings were adopted by the following body: City of Glendora City Council on March 14, 2023
Date:
Maliha Ansari, Principal Civil Engineer (626) 914-8294
Item #12. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 143
Contractor Name Bid Amount
1. Superior Pavement Markings, Inc $ 40,524.00
2. PCI $ 40,625.00
Signing and Striping Maintenance and Repair Services
Bid Opening: February 10, 2022
Summary of Bids
Item #12. Page 4
Meeting Date: 3/28/2023 / Packet Page #: 144
5/9/22, 3:05 PM
1/1
Closing Date: Thu, 02/10/2022 10:00 AM PST
Posting Type: Request For Proposal
Owner Name: Glendora CA, City of
Solicitor Name: Glendora CA, City of
Contact: Alexis Escobar
Phone: 626-852-4845
Email: [email protected]
Company Address Contact Email Address Phone Fax
Business
Certification
Business
Designation
Entry Date
Document
Type
Comments
Dodge Data
& Analytics
Next
Member
Numbe
2860 S
State Hwy
161,
Grand
Prairie,
TX-75052
Adam
Bouman
[email protected] 513.666.3354
800-
768-
5594
Plan Room 01/14/2022 eBidDoc
Superior
Pavement
Markings Inc
5312
Cypress
Street,
Cypress,
CA-92880
Darren
Veltz
[email protected]
714-995-
9100
714-
995-
9400
Prime Bidder 01/19/2022 eBidDoc
PCI
975 W. 1st
Street,
Azusa, CA91702
William
Jacob
[email protected]
562-218-
0504
562-
218-
0634
SBE Prime Bidder 01/20/2022 eBidDoc
Quest
Construction
Data
Network
PO Box
517,
Shakopee,
MN55379
QuestCDN
Support
[email protected]
952-233-
1632 Other 02/07/2022 eBidDoc
Plan Holder Report as of 05/09/2022 05:05 PM CDT
Signing and Striping Maintenance and Repair Services FY2021-22 Through FY2024-25
Quest Quest Number: 8102958
Item #12. Page 5
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Item Description Unit Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Extension 1 4" Thermoplastic Traffic Stripe (any color) SF 1,000 $ 4.50 $ 4,500.00 $1.55 $1,550.00 $1.60 $1,600.00 $1.58 $1,575.00 2 6" Thermoplastic Traffic Stripe (any color) SF 500 $ 4.50 $ 2,250.00 $2.05 $1,025.00 $1.80 $900.00 $1.93 $962.50 3 Thermoplastic Pavement Marking, symbols,
numerals, and words (any color) SF 1,000 $ 7.50 $ 7,500.00 $9.09 $9,090.00 $6.00 $6,000.00 $7.55 $7,545.00 4 Thermoplastic Pavement Marking, Cross
Walks and Limit Lines (any color) SF 2,000 $ 6.00 $ 12,000.00 $2.20 $4,400.00 $3.50 $7,000.00 $2.85 $5,700.00 5 Curb Marking (one-coat paint, any color) LF 1,000 $ 4.00 $ 4,000.00 $1.45 $1,450.00 $0.85 $850.00 $1.15 $1,150.00 6 Retroreflective Pavement Markers EA 300 $ 10.00 $ 3,000.00 $5.88 $1,764.00 $4.50 $1,350.00 $5.19 $1,557.00 7 Remove Existing Striping SF 3,000 $ 2.00 $ 6,000.00 $2.55 $7,650.00 $2.20 $6,600.00 $2.38 $7,125.00 8 Furnish and Install New Sign (up to 30x30) on
Exist Post EA 15 $ 300.00 $ 4,500.00 $120.00 $1,800.00 $250.00 $3,750.00 $185.00 $2,775.00 9 Furnish and Install New Sign and Post (up to
30x30) EA 15 $ 600.00 $ 9,000.00 $188.00 $2,820.00 $360.00 $5,400.00 $274.00 $4,110.00 10 4" Paint Traffic Stripe (any color) SF 1,000 $ 3.50 $ 3,500.00 $1.10 $1,100.00 $0.70 $700.00 $0.90 $900.00 11 6" Paint Traffic Stripe (any color) SF 500 $ 3.50 $ 1,750.00 $1.65 $825.00 $0.95 $475.00 $1.30 $650.00 12 Paint Pavement Marking, symbols, numerals,
and words (any color) SF 1,000 $ 6.50 $ 6,500.00 $3.05 $3,050.00 $3.00 $3,000.00 $3.03 $3,025.00 13 Paint Pavement Marking, Cross Walks and
Limit Lines (any color) SF 2,000 $ 5.00 $ 10,000.00 $2.00 $4,000.00 $1.50 $3,000.00 $1.75 $3,500.00 $ 74,500.00 $40,524.00 $40,625.00 $40,574.50
Signing and Striping Maintenance and Repair Services
Engineer Estimate Superior Pavement Markings Inc. PCI Average Schedule A
Schedule A Sub-total $ 52,750.00 $31,549.00 $33,450.00
Total
$32,499.50
Schedule B
Schedule B Sub-total $ 21,750.00 $8,975.00 $7,175.00 $8,075.00 Item #12. Page 6
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PUBLIC WORKS AGREEMENT
By and Between
CITY OF GLENDORA
and
SUPERIOR PAVEMENT MARKING INC.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 1
PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF GLENDORA AND
SUPERIOR PAVEMENT MARKINGS INC.
THIS PUBLIC WORKS AGREEMENT (herein “Agreement”) is made and entered into this _____ day of _______________ by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and SUPERIOR PAVEMENT MARKINGS INC., a California Corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Glendora Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 2
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Signing and Striping Maintenance and Repair Services FY 2021-22 Through FY 2024-25, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 3 (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials _______________
Robert Garcia, Vice President
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 4
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 19
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 5 the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 6
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 7 (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $121,572 (One Hundred Twenty One Thousand Five Hundred Seventy Two Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 22
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 8 sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 23
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 9 judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term & Extended Term(s).
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Agreement for two (2) additional one-year Extended Terms by giving advance written notice thereof no later than sixty (60) calendar days prior to the expiration of the Term or any Extended Terms.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Robert Garcia, Vice President
Darren Veltz, Chief Financial Officer
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
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4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Assistant Public Works Director, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 25
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 11 transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a)General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b)Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c)Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d)Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e)Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a)Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 26
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 12 of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b)Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors.
(c)Primary/noncontributing. Coverage provided by Contractorshall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d)City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e)Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g)Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h)Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 13 Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k)Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n)Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o)Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p)Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q)Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 29
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 15 indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
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5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
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6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 18 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 33
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 19 to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $______ (__________ Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 34
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 20 except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 21 ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. §§ 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 22 ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 37
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 23 relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials ___________________
Robert Garcia, Vice President
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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Signing and Striping Maintenance and Repair Services FY 2022-23 Through FY 2025-26 24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
Superior Pavement Markings Inc., a California Corporation Name: Robert Garcia
Title: Vice President
[email protected]
Name: Darren Veltz
Title: Chief Financial Officer
[email protected]
Address: 5312 Cypress St, Cypress, CA 90630
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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01240.0001/535311.1 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Signing and Striping Maintenance and Repair Services FY 2021-22 Through FY 2024-25, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
The Scope of Work entails removing and reinstalling faded pavement striping, markings, and signs as well as installing new pavement striping, markings, and signs and on an asrequested basis.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:
A. Monthly reports of work completed.
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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01240.0001/535311.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
Section 5.1 (c) - Professional liability (errors & omissions) insurance is hereby deleted from the Agreement.
Section 7.7 – Liquidated Damages is hereby amended to read as follows:
“Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $______ (__________ Dollars) 10% (ten percent) of the task amount for which there has been an unapproved delay in performance as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project any one task when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.”
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01240.0001/535311.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:
Schedule “A”
Line
Item
Item Description
Estimated
Annual
Quantities
Unit of
Measurement
Unit Price Extension
1 4" Thermoplastic Traffic Stripe (any
color) 1,000 SF $1.55 $1,550.00
2 6" Thermoplastic Traffic Stripe (any
color) 500 SF $2.05 $1,025.00
3 Thermoplastic Pavement Marking,
symbols, numerals, and words (any
color)
1,000 SF $9.09 $9,090.00
4 Thermoplastic Pavement Marking,
Cross Walks and Limit Lines (any
color)
2,000 SF $2.20 $4,400.00
5 Curb Marking (one-coat paint, any
color) 1,000 LF $1.45 $1,450.00
6 Retroreflective Pavement Markers 300 EA $5.88 $1,764.00 7 Remove Existing Striping 3,000 SF $2.55 $7,650.00
8 Furnish and Install New Sign (up to
30x30) on Exist Post 15 EA $120.00 $1,800.00
9 Furnish and Install New Sign and Post
(up to 30x30) 15 EA $188.00 $2,820.00
Total Schedule “A” Annual Bid Cost $31,549.00
Schedule “B”
Line
Item
Item Description
Estimated
Annual
Quantities
Unit of
Measurement
Unit Price Extension
10 4" Paint Traffic Stripe (any color) 1,000 SF $1.10 $1,100.00 11 6" Paint Traffic Stripe (any color) 500 SF $1.65 $825.00 12 Paint Pavement Marking, symbols,
numerals, and words (any color) 1,000 SF $3.05 $3,050.00 DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 42
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01240.0001/535311.1 C-2
13 Paint Pavement Marking, Cross
Walks and Limit Lines (any color) 2,000 SF $2.00 $4,000.00 Total Schedule “B” Annual Bid Cost $8,975.00
Not to Exceed Annual Total $40,524.00
Quantity may be changed or item may be deleted
II. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
III. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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01240.0001/535311.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Contractor shall respond to individual calls for tasks within three (3) working days. The work will then be scheduled by mutual agreement and be completed within 5 working days or time agreed upon for each specific item of work.
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. City’s Contract Officer will identify the same concurrently with the issuance of the notice to proceed.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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01240.0001/535311.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Glendora
Project: Signing and Striping Maintenance and Repair Services FY 2021-22 Through FY 2024-25
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
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01240.0001/535311.1
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
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01240.0001/535311.1
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 47
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01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
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01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
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01240.0001/535311.1
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 50
Meeting Date: 3/28/2023 / Packet Page #: 190
01240.0001/535311.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 51
Meeting Date: 3/28/2023 / Packet Page #: 191
01240.0001/535311.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 52
Meeting Date: 3/28/2023 / Packet Page #: 192
01240.0001/535311.1
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 53
Meeting Date: 3/28/2023 / Packet Page #: 193
01240.0001/535311.1
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Glendora
116 E. Foothill Blvd.
Glendora, California 91741-3380
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 54
Meeting Date: 3/28/2023 / Packet Page #: 194
01240.0001/535311.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
DocuSign Envelope ID: 9E23410A-7313-4067-8719-B3153CA5F0FC Item #12. Page 55
Meeting Date: 3/28/2023 / Packet Page #: 195
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: PUBLIC WORKS DISTRICT(S): 5
SUBJECT: ACCEPT IRREVOCABLE OFFERS OF THE EASEMENT DEDICATION GRANT TO THE
CITY AND ADOPT A RESOLUTION ACCEPTING THE EASEMENT FOR PUBLIC PEDESTRIAN PURPOSES AT 1308 S. LONE HILL AVE, GLENDORA (APN: 8642-021-001)
RECOMMENDATION
That the City Council:
1. Accept the offers of the easement dedication grant to the City for public pedestrian purposes at 1308 S. Lone Hills Ave, Glendora (APN: 8642-021-001);
2. Authorize the City Clerk to sign the Certificate of Acceptance;
3. Authorize the City Clerk to transmit documents to County of Los Angeles, Office of County Recorder for recording purposes; and
4. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL ACCEPTING CPA 9, L.P. ’S IRREVOCABLE OFFER OF AN EASEMENT DEDICATION FOR PUBLIC PEDESTRIAN PURPOSES (APN 8642-021-001)”.
EXECUTIVE SUMMARY
As a condition of approval of the development, the Developer was required to remove and replace existing sidewalk along the frontage in compliance with Americans with Disabilities Act (ADA). As part of the street improvements, an easement is required to provide an accessible path, in compliance with ADA requirements, fully within the City of Glendora’s right-of-way across the full width of the existing driveway at 1308 S. Lone Hills Ave, Glendora.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The street improvements plan was approved on October 11, 2022.
DISCUSSION
Public Works conditioned the release of Street Improvement Bonds with the acceptance and recordation of the sidewalk easement along the frontage of 1308 S. Lone Hills Avenue. The Developer has voluntarily agreed to dedicate a portion of their land to the City to reconstruct a section of the public sidewalk as part of the approved street improvements plans. Reconstructing the sidewalk will create a safer pedestrian route, improve the overall appearance of the neighborhood, and enhance its appeal to residents. We recommend the City move forward with accepting the easement (Attachment B).
FISCAL IMPACT
Not Applicable.
ENVIRONMENTAL DETERMINATION
On April 5, 2022, the City of Glendora Planning Commission adopted a Categorical Exemption for the development of a car wash at 1308 S. Lone Hill Avenue. The easement dedication is a condition of approval.
Item #13. Page 1
Meeting Date: 3/28/2023 / Packet Page #: 196
Staff Report Page 2 of 2
Prepared By Dinh Anh Mai, Associate Civil Engineer
Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant Public Works Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Resolution Accepting Easement
B. Easement Deed - 1308 S. Lone Hills Ave (Exhibit A of Resolution) C. Certificate of Acceptance
Item #13. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 197
RESOLUTION CC 2023-_____
A RESOLUTION OF THE CITY COUNCIL ACCEPTING CPA 9, L.P. ’S
IRREVOCABLE OFFER OF AN EASEMENT DEDICATION FOR PUBLIC
PEDESTRIAN PURPOSES (APN 8642-021-001)
THE CITY COUNCIL
City of Glendora, California
WHEREAS, pursuant to Government Code § 7050, CPA 9, L.P., made an irrevocable offer of dedication to the City of Glendora (“City”), attached hereto as Exhibit “A,” of a portion of APN 8642-021-001, in the City of Glendora, County of Los Angeles, State of California as more particularly described in the legal description attached to Exhibit “A,” for public street purposes (the “Offer”); and
WHEREAS, pursuant to Government Code § 7050, the City’s City Council may accept all or any portion of an irrevocable offer of dedication at any time; and WHEREAS, the City Council desires to accept the Offer at this time for the public purposes stated therein, namely for highway, roads, and public utility improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. All of the above-stated recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council hereby accepts the Offer for public street improvements as reflected in Exhibit “A” attached hereto and incorporated herein by this reference.
SECTION 3. The Mayor, City Manager, and City Clerk are hereby authorized and directed to execute any and all other documents as may be necessary to effect the recordation of the Certificate of Acceptance and its enforcement.
SECTION 4. The City Clerk is hereby directed to cause a Certificate of Acceptance to be recorded on behalf of the City in the Office of the Los Angeles County Recorder, and to certify the adoption of this resolution.
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.
APPROVED and PASSED this __ day of ________, 20__.
City Council of Glendora, CA
BY:
GARY BOYER
Mayor
Item #13. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 198
Resolution CC 2023-_____ Page 2 of 3
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 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 #13. Page 4
Meeting Date: 3/28/2023 / Packet Page #: 199
Resolution CC 2023-_____ Page 3 of 3
Exhibit “A”
Irrevocable Offer of Dedication
[on following pages]
Item #13. Page 5
Meeting Date: 3/28/2023 / Packet Page #: 200
Item #13. Page 6
Meeting Date: 3/28/2023 / Packet Page #: 201
Item #13. Page 7
Meeting Date: 3/28/2023 / Packet Page #: 202
Item #13. Page 8
Meeting Date: 3/28/2023 / Packet Page #: 203
Item #13. Page 9
Meeting Date: 3/28/2023 / Packet Page #: 204
CITY OF GLENDORA
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant signed on __________________ by CPA 9, L.P. to the City of Glendora, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council, pursuant to authority conferred by Resolution No. 1606 of the City Council adopted on October 9, 1958, and the grantee consents to recordation thereof by its duly authorized officer.
Dated:
City of Glendora
By: _________________________
KATHLEEN R. SESSMAN, MMC
City Clerk/Communications Director
(Seal)
Item #13. Page 10
Meeting Date: 3/28/2023 / Packet Page #: 205
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: PUBLIC WORKS DISTRICT(S): 5
SUBJECT: NOTICE OF COMPLETION FOR SAINT VLADIMIR STREET, COSSACKS PLACE AND
LAWFORD STREET, WATER AND STREET IMPROVEMENT, AND SIDEWALK INSTALLATION - PLAN NO. 1328 (STRATEGIC PLAN ITEM 46 - IMCIF)
RECOMMENDATION
That the City Council:
1. Accept and Approve the Notice of Completion of Saint Vladimir Street, Cossacks Place and Lawford Street, Water and Street Improvement, and Sidewalk Installation - Plan No. 1328 by Dominguez General Engineering, Inc.; and
2. Authorize the Mayor to sign the Notice of Completion for recordation.
EXECUTIVE SUMMARY
The Saint Vladimir Street, Cossacks Place and Lawford Street, Water and Street Improvement, and Sidewalk Installation - Plan No. 1328 Project (Project) was completed with a total cost of $1,614,027.34, which is $172,187.66 under the project budget. Staff recommends that City Council accept and approve the Notice of Completion for the Project, and authorize the Mayor to sign it for recordation.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City awarded the design services contract to JMDiaz, Inc. (JMDiaz) for the Project on June 22, 2021 in the sum of $48,000.00.
The City awarded the construction contract to Dominguez General Engineering, Inc. on July 13, 2021 in the sum of $1,277,100.00.
The City awarded JMDiaz a contract for additional design services to install sidewalk and fiber optics between Lawford Street to South Valley Center Avenue on the south side of Saint Vladimir Street, on November 9, 2021 in the sum of $53,000.00.
The City authorized Change Order 6 (CCO6) to Dominguez General Engineering, Inc. for the additional sidewalk construction on May 10, 2022 in the sum of $401,115.00.
DISCUSSION
The City received final plans and specs from JMDiaz for the Project on May 20, 2021. The scope of the Project consisted of replacing 3,800 linear feet of 8-inch ductile iron water main pipe and lateral services on Saint Vladimir Avenue, Cossacks Place and Lawford Street, grinding existing asphalt concrete, constructing asphalt rubber hot mix (ARHM) overlay, manhole adjustment, installing striping, and replacing ADA curb ramps, curb, gutter, and sidewalk between Lawford Street to South Valley Center Avenue on south side of Saint Vladimir Street.
Contract Change Order 6 was approved by Council on May 10, 2022, for the construction of new sidewalk, curb ramps, and driveways. The sidewalk work was added after public outreach and communication with Item #14. Page 1
Meeting Date: 3/28/2023 / Packet Page #: 206
Staff Report Page 2 of 2
the neighborhood on safety measures. The Project also included removing one tree, which was performed by West Coast Arborist using Project funds.
The Project is now complete, and staff recommends that Council accept the completed project and authorize the Mayor to sign the Notice of Completion for recordation. City Clerk office will record the executed Notice of Completion with Los Angeles County Recorder Office.
FISCAL IMPACT
The original design services contract was awarded by the City Council in the amount of $48,000.00, and the original construction contract was awarded by the City Council in the amount of $1,277,100.00. A design services contract for additional sidewalk and fiber optics was awarded by the City Council in the amount of $53,000.00, and then additional sidewalk construction services was awarded in the amount of $401,115.00.
The total cost of the Project was $1,614,027.34, which is $172,187.66 under budget.
A summary of the project budget and expenditures is provided below.
Design Services for St Vladimir, Cossacks & Lawford Water and Street Improvement Project # 20657008 – Water Fund (530) $48,000.00
Design Services for Sidewalk & Fiber Optics
Project # 22656204 – Street Fund (256)
Project # 22657008 – Water Fund (530)
$7,000.00
$53,000.00
Construction Cost for St Vladimir, Cossacks & Lawford Water and Street Improvement Project # 20657008 – Water Fund (530)
Project # 22656204 – Street Fund (256) $949,520.00
$327,580.00
Construction Cost for Sidewalk
Project # 22656204 – Street Fund (321) $401,115.00
Total Available Budget $1,786,215.00
Notice Inviting Bid Publication ($350.00)
Notice of Exemption Filing Fee ($75.00)
Aqua-Metric Sales Company (Water Meters) ($2,085.97)
Armorcast Product Company (Meters Boxes) ($9,086.95)
West Coast Arborists Inc (Tree Removal) ($2,335.00)
Total Design Services Cost (JMDiaz, Inc.) ($90,000.00)
Total Construction Project Cost (Dominguez General Engineering, Inc.) ($1,510,094.42) Total Project Anticipated Expenditures ($1,614,027.34)
(Over)/Under Budget $172,187.66
ENVIRONMENTAL DETERMINATION
A notice of categorical exemption was posted prior to the start of construction.
Prepared By James Lo, Civil Engineering Assistant
Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant 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. Notice of Completion 1328
Item #14. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 207
Rev. 9/2011
RECORDING REQUESTED BY:
CITY OF GLENDORA
WHEN RECORDED MAIL TO THIS ADDRESS:
CITY CLERK
CITY OF GLENDORA
116 E. Foothill Boulevard
Glendora, CA 91741
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The full name of the OWNER is CITY OF GLENDORA.
3. The full address of the OWNER is 116 E. Foothill Boulevard, Glendora, CA 91741.
4. The nature of the interest or estate of the undersigned is: (i.e., In Fee.) Fee Interest.
5. A work of improvement on the property hereinafter described was COMPLETED on Monday, January 30, 2023.
6. The work of improvement completed is described as follows: St. Vladimir Street, Cossacks Place & Lawford Street Water and Street Improvements, Construction of new sidewalk and curb ramp and landscape irrigation works on the south side of St. Vladimir St between Lawford Street and S Valley Center Ave - Plan No. 1328.
7. The name of the original contractor, if any, for such work of improvement is Dominguez General Engineering Inc.
8. The street address of said property is St. Vladimir Street, Cossacks Place & Lawford Street, Glendora 91741.
9. The property on which said work of improvement was completed is in the City of GLENDORA, County of LOS ANGELES, State of CALIFORNIA, and is described as follows:
The scope of this project consisted of replacing 3,800 linear feet of new 8-inch ductile iron buried water main and replacement of existing fire hydrant and customer service laterals on St. Vladimir Street, Cossacks Place & Lawford Street. This project will abandon the existing 6-inch water mains. The project also includes pavement resurfacing and related street improvement such as ADA curb ramp upgrades, utilities adjustments, and reestablishment of traffic striping, signing and monuments for these subject streets.
CITY OF GLENDORA
Date: March 28, 2023 Signature of Owner or agent: By________________________________________ GARY BOYER, Mayor
VERIFICATION
I, the undersigned, declare under penalty of perjury under the laws of the State of California, that I am the Mayor of the City of Glendora of the aforesaid interest or estate in the property described in the above Notice, that I have read the said Notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. _______________________________________________
March 28, 2023 at Glendora, California GARY BOYER, MAYOR Item #14. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 208
Item #14. Page 4
Meeting Date: 3/28/2023 / Packet Page #: 209
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: UPDATE ON THE CITY COUNCIL RECRUITMENT OF THE 2023 BOARDS AND COMMISSIONS OFFICES WITH TERMS EXPIRING JUNE 30, 2023
RECOMMENDATION
That the City Council:
1. Review current applications and provide direction to staff on the next steps.
EXECUTIVE SUMMARY
The City Clerk’s Office conducted a recruitment for board/commission scheduled vacancies effective June 30, 2023. A Notice of Vacancy (Attachment A) was published the San Gabriel Valley Examiner on February 23, March 2, and March 9, 2023, and posted to the city’s website, social media, and bulletin boards.
There are four boards/commissions with scheduled vacancies to the following:
Board/Commission No. of Vacancies Office(s)
Business Improvement District (BID) Advisory Board 3 Office 2, 3 and 5 Community Services Commission 3 Office 3, 4 and 5
Planning Commission 3 Office 1, 2 and 3
Water Commission 2 Office 1 and 2
A sufficient number of applications were received; therefore, interviews are being scheduled for a Special meeting on Tuesday, April 18, 2023.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On February 14, 2023, the City Council directed staff the scheduling and unscheduled vacancy created by Community Services Commissioner David Chavez resignation that was associated with an office term that was set to expire on June 30, 2023. The timeline for the 2023 recruitment for City Council appointed boards and commission. Set the date to move forward with a special City Council meeting for Tuesday, April 18, 2023 to conduct interviews.
The following outlines the status of Board and Commission members currently serving in offices set to expire on June 30, 2023.
Business Improvement District (BID) Advisory Board
Vacant Offices INCUMBENTS TERM COMMENTS Full Terms Served Office No. 2 Don Nolan, Village Eatery Unexpired Term Serving a partial term so qualifies for 2 additional full terms Appointed 1/25/2022 Office No. 3 Matthew Davis, Bistro Studios, Inc. Unexpired Term Serving a partial term so qualifies for 2 additional full terms Appointed 10/2022 Office No. 5 Cathy Jarvis, Cathy’s Wishing Well Unexpired Term Serving a partial term so qualifies for 2 additional full terms Appointed 9/2021 Community Services Commission
Vacant Offices INCUMBENTS TERM COMMENTS Full Terms Served Office No. 3 Mallory Buril 1st Qualifies for 1 additional full term 7/1/2019-6/30/2023 Office No. 4 Vacant NA Resigned NA
Office No. 5 David Gerber 1st Qualifies for 1 additional full term 7/1/2019-6/30/2023 Item #15. Page 1
Meeting Date: 3/28/2023 / Packet Page #: 210
Staff Report Page 2 of 4
Planning Commission
Vacant Offices INCUMBENTS TERM COMMENTS Full Terms Served Office No. 1 Veronica Becerra Unexpired Serving a partial term so qualifies for 2 additional full terms
Appointed 9/2021
Office No. 2 Mark Davis 1st Qualifies for 1 additional full term 7/1/2019-6/30/2023 Office No. 3 Paulette Koss 1st Qualifies for 1 additional full term 7/1/2019-6/30/2023 Water Commission
Vacant Offices INCUMBENTS TERM COMMENTS Full Terms Served Office No. 1 Richard Hansen 1st Qualifies for 1 additional full term 7/1/2019-6/30/2023 Office No. 2 Justin Nakano 2nd Terming Out, not eligible for reappointment 7/1/2016-6/30/2019 7/1/2019-6/30/2023
DISCUSSION
A Notice of Vacancy was published on the City’s website and in the San Gabriel Valley Examiner on February 23, March 2, and March 9, 2023, and posted to the City’s website, social media, and bulletin boards with a deadline of Thursday, March 16, 2023. At the close of the recruitment period, fourteen (14) applications were received prior to the application deadline and three (3) applications were received following the application deadline.
The following provides a detailed status of recruitment and applications received:
Business Improvement District (BID) Advisory Board
The Business Improvement District (BID) Advisory Board has three (3) scheduled vacancies for the following offices: Don Nolan, Village Eatery (Office No. 2), Matthew Davis, Bristro Studios, Inc (Office No. 3), and Cathy Jarvis, Cathy’s Wishing Well (Office No. 5). Matthew Davis, Cathy Jarvis, and Don Nolan are eligible for re-appointment and have submitted applications.
Business Improvement District
(BID) Advisory Board
3 Scheduled Vacancies
APPLICANTS COMMENTS
Matt Davis (Incumbent) Eligible for Re-Appointment
Cathy Jarvis (Incumbent) Eligible for Re-Appointment
Don Nolan (Incumbent) Eligible for Re-Appointment (Received after deadline) Community Services Commission
The Community Services Commission has three (3) scheduled vacancies for the following offices: Mallory Buril (Office No. 3), Vacancy (Office No. 4) and David Gerber (Office No. 5). Mallory Buril and David Gerber are eligible for re-appointment and have submitted applications.
Community Services Commission 3 Scheduled Vacancies
APPLICANTS COMMENTS
Mallory Buril (Incumbent) Eligible for Re-Appointment
David Gerber (Incumbent) Eligible for Re-Appointment
John Kachirisky On File
Shaunna Elias New
Marsha Mason New
Stephen Salle New (Received after deadline)
Michael Kotowski New (Received after deadline)
Item #15. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 211
Staff Report Page 3 of 4
Planning Commission
The Planning Commission has three (3) scheduled vacancies for the following offices: Veronica Becerra (Office No. 1), Mark Davis (Office No. 2), and Paulette Koss (Office No. 3). Mark Davis and Paulette Koss are eligible for re-appointment and have submitted applications.
Planning Commission 3 Scheduled Vacancies
APPLICANTS COMMENTS
Mark Davis (Incumbent) Eligible for Re-Appointment
Paulette Koss (Incumbent) Eligible for Re-Appointment
Greg Lammers New
Timothy Cremins New
Wendy Jarvie New
Water Commission
The Water Commission has two (2) scheduled vacancies for the following offices: Richard Hansen (Office No. 1) and Justin Nakano (Office No. 2). Richard Hanson is eligible for re-appointment and has submitted an application. Justin Nakano has served the maximum number of consecutive terms allowed and is not eligible for re-appointment.
Water Commission 2 Scheduled Vacancies
APPLICANTS COMMENTS
Richard Hanson (Incumbent) Eligible for Re-Appointment
Greg Lammers New
Next Steps:
Based on the status outline above, staff requests Council direction on next steps.
Option 1: Accept the three (3) applications received after the application deadline and if applicable include them in the interview and appointment process.
Option 2: If additional applications are desired, direct City Clerk staff to extend application deadline for all vacancies to Thursday, April 6, 2023.
Option 3: Direct staff to schedule interviews with new applicants only for the Tuesday, April 18, 2023 special meeting. (Incumbents will not be re-interviewed.) Option 4: Direct staff to schedule interviews for all applicants, including the incumbents, for the special meeting scheduled on Tuesday, April 18, 2023 starting at 5:00 p.m.
Option 5: Provide direction to staff.
FISCAL IMPACT
There is no fiscal impacts associated with the recommendations in this report.
ENVIRONMENTAL DETERMINATION
There is no CEQA impacts associated with the recommendations in this report.
Prepared By Lorena Cordova, City Clerk Specialist
Concurs With Not Applicable
Reviewed By Kathleen Sessman, City Clerk/Communications Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
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Staff Report Page 4 of 4
ATTACHMENTS:
A. Notice of Vacancy
B. Business Improvement District – Davis, Matthew
C. Business Improvement District – Jarvis, Cathy
D. Community Services Commission – Buril, Mallory
E. Community Services Commission – Elias, Shawnna
F. Community Services Commission – Gerber, David
G. Community Services Commission – Kachirusky, John
H. Community Services Commission – Kotowsky, Michael
I. Community Services Commission – Mason, Marsha
J. Community Services Commission – Stephen Salle
K. Planning Commission – Cremins, Timothy
L. Planning Commission – Davis, Mark
M. Planning Commission – Koss, Paulette
N. Planning Commission – Jarvie, Wendy
O. Planning Commission – Lammers, Gregory
P. Water Commission – Hansen, Richard
Q. Water Commission – Lammers, Greg
R. Business Improvement District – Nolan, Don
S. PowerPoint
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NOTICE IS HEREBY GIVEN that the City of Glendora invites interested persons of the City of Glendora to submit applications to serve on the following City Advisory Boards and Commissions for vacancies effective June 30, 2023. The deadline to submit an application for consideration is no later than 12:00 p.m. on Thursday, March 16, 2023:
City Council
Business Improvement
District (BID) Advisory
Board
3 Vacancies
Community Services
Commission
3 Vacancies
Water Commission
2 Vacancies
Planning Commission
3 Vacancies
Business Improvement District (B.I.D.) Advisory Board: 3 Vacancies: Office Nos. 2, 3 & 5 (4- year term). This Board serves local businesses within the district through promotional activities and beautification and serves in an advisory capacity to the City Council and Community Development Director. Members must operate bona fide businesses within the District that are subject to charges and assessments imposed by the Glendora Municipal Code during their entire term of service and must be current with payments. This Board meets on the first Thursday of each month at 8:30 a.m.
Community Services Commission: 3 Vacancies: Office Nos. 3, 4 & 5 (4-year term). This Commission serves in an advisory capacity to the City Council and Community Services Director in all matters pertaining to park maintenance, park development, recreation programs, human services, and community beautification. This Commission meets on the third Thursday of each month.
Planning Commission: 3 Vacancies: Office Nos. 1, 2 & 3 (4-year term). This Commission serves in an advisory capacity to the City Council on land-use policy planning matters which guide the future development of the City. This Commission meets on the first Tuesday of each month.
Water Commission: 2 Vacancies: Office Nos. 1 & 2 (4-year term). This Commission serves in an advisory capacity to the City Council on policies and programs related to water rates, conservation efforts and financial matters. Members must be customers of the City’s water division of the Public Works Department. This Commission meets on a quarterly basis.
Applicants must be 18 years or older, register to vote and must maintain residency within the incorporated areas of the City of Glendora during their term of office, except for the Business Improvement District Advisory Board. Applications are available via the City’s web site at www.cityofglendora.org or at City Hall in the City Clerk’s Department, 116 E. Foothill Boulevard, Glendora, Tuesday through Thursday, between the hours of 8:00 a.m. and 5:00 p.m., except holidays. Completed application forms must be filed with the City Clerk no later than 12:00 p.m. on Thursday, March 16, 2023. Please call the City Clerk’s Office at (626) 914-8210 for more information.
Interviews will be scheduled for Tuesday, April 18, 2023 between 4:00 p.m. and 7:00 p.m. Applicants will be contacted to schedule interview times following the recruitment deadline.
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published San Gabriel Valley Examiner: February 23, March 2, and March 9, 2023
NOTICE OF VACANCY
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Board and Commission Recruitment Update
Terms Expiring June 30, 2023
City Clerk’s Department
City Council Meeting
March 28, 2023
Lorena Cordova, City Clerk Specialist CityOfGlendora.org Item #15. Page 45
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2 OVERVIEW
• Annual recruitment update for all boards and commission with terms expiring on June 30, 2023
• Number of applicants received
• Providing options for Council to direct staff
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FOUR BOARD/COMMISSION WITH SCHEDULED VACANCIES
3 Board/Commission No. of Vacancies Office(s)
Business Improvement District (BID) Advisory Board 3 Office 2, 3 and 5 Community Services Commission 3 Office 3, 4 and 5
Planning Commission 3 Office 1, 2 and 3
Water Commission 2 Office 1 and 2
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APPLICANTS RECEIVED
4 Business Improvement District (BID) Advisory Board 3 Scheduled Vacancies
APPLICANTS COMMENTS
Matt Davis (Incumbent) Eligible for Re-Appointment
Cathy Jarvis (Incumbent) Eligible for Re-Appointment
Don Nolan (Incumbent) Eligible for Re-Appointment (Application was received after deadline) Community Services Commission 3 Scheduled Vacancies
APPLICANTS COMMENTS
Mallory Buril (Incumbent) Eligible for Re-Appointment
David Gerber (Incumbent) Eligible for Re-Appointment
John Kachirisky On File
Shaunna Elias New
Marsha Mason New
Stephen Salle New (Application was received after deadline) Michael Kotowski New (Application was received after deadline) Planning Commission 3 Scheduled Vacancies
APPLICANTS COMMENTS
Mark Davis (Incumbent) Eligible for Re-Appointment
Paulette Koss (Incumbent) Eligible for Re-Appointment
Greg Lammers New
Timothy Cremins New
Wendy Jarvie New
Water Commission 2 Scheduled Vacancies
APPLICANTS COMMENTS
Richard Hanson (Incumbent) Eligible for Re-Appointment
Greg Lammers New
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OPTIONS
•Option 1: Accept the three (3) applications received after the application deadline and if applicable include them in the interview and appointment process.
•Option 2: If additional applications are desired, direct City Clerk staff to extend application deadline for all vacancies to Thursday, April 6, 2023.
•Option 3: Direct staff to schedule interviews with new applicants only for the Tuesday, April 18, 2023 special meeting. (Incumbents will not be re-interviewed.)
•Option 4: Direct staff to schedule interviews for all applicants, including the incumbents, for the special meeting scheduled on Tuesday, April 18, 2023 starting at 5:00 p.m.
•Option 5: Provide direction to staff. 5
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6 RECOMMENDATIONS
1. Review current applications and provide direction to staff on the next steps.
That the City Council:
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: CONTINUED DISCUSSION REGARDING CURRENT CODES/POLICIES AND RESEARCH ON REGULATION AND PROMOTION OF PUBLIC ART (PLN23-006)
RECOMMENDATION
That the City Council:
1. Receive and file the report; and
2. Provide direction to staff on a draft ordinance and/or policies relating to establishment of a public art program, specifically standards/guidelines, art requirement for new developments (and in-lieu fee), establishment of an art fund, and a local artist directory.
EXECUTIVE SUMMARY
Glendora has a few codes that reference art, most of which are encouraging statements. The Glendora Village is the only zoning area that has art regulations and details are limited. City staff has researched other cities for a comparison and recommends adoption of an ordinance and policy relating to the establishment of a public art program.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On May 25, 2022, the City Council requested a report on Glendora’s policies and practices regarding public art. Councilmember Thompson made the request, seconded by Councilmember Allawos.
On July 12, 2022, Community Development Director Kugel presented a report on public art and early research into the topic as relates to Glendora. Council directed staff to further review existing codes and research policy ideas to regulate as well as promote art in the community.
On March 9, 2023, the City Council held a Special Meeting to outline the 2023-2023 Strategic Plan Objectives/Tasks which included Goal 1: Implement Strategic Economic Development and its Objective 7: Develop and Implement a Comprehensive Public Art Policy – Tasks: 1) Survey of surrounding city public art programs; 2) Complete summary of Glendora’s public art policies; and 3) Based on Council feedback, finalize recommendations for a comprehensive public art plan.
DISCUSSION
Public art includes visual art displayed on private and public property. Types of public art include murals, statues, and other artistic items. Artistic representations may be located on building exteriors, public plazas, and the public right-of-way. Public art may be part of a public project, private development, or created by a property owner.
Public art relates to expressions of community identity, culture, history, and ideas. It expresses human activity, creativity, talent, and imagination. Public art creates points of interest in public spaces, adds meaning, and expresses the unique qualities of the community. Public art is Item #16. Page 1
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supported and encouraged by organizations including the California Arts Council, Americans for the Arts, and Public Art in Public Places. These organizations promote the arts as important part of creating vibrant and creative communities.
In many cities, public art is synonymous with its location. There are famous examples of public art including the Statue of Liberty in New York City, Cloud Gate in Chicago, and the LOVE statue in Philadelphia. Glendora has several examples of art in public places that reflect the community’s culture and character. These include the eagle memorial in Finkbiner Park, the “Torch of Knowledge” at Citrus College, the gated entryway at Rubel Castle, public art planned at the future L (Gold) Line Metro Station, tile and painted murals at various locations in the community.
In Glendora public art frequently reflects the City’s heritage, natural hillsides, or “Pride of the Foothills” motto. There are murals in the Village, tile art reflecting Glendora’s history as a major citrus producer and natural hillsides. There are also signs and markers incorporating artistic qualities at several locations.
Existing Policies and Codes
The Glendora General Plan contains the following two policies:
Land Use Element – (LU16.7):
“Encourage the use of existing public and private facilities for publicly accessible activities, such as art show events, craft shows, etc.”
Historic Preservation Element:
“Memorialize significant people, places, and events in the history of Glendora through plaques, and public art.”
Staff finds several references to art and public art in the Glendora Municipal Code (GMC). Public art is mentioned in the Route 66 Specific Plan, the Arrow Highway Specific Plan, and the Civic Center Area Plan (CCAP). The CCAP covers the Glendora Village. The references support the inclusion of public art with new development. Both the Route 66 and Arrow Highway Specific Plans include language that encourages public art. Below are examples of references to public art.
Route 66 Specific Plan – Design Guidelines
(GMC 21.10.220):
“District-specific guidelines – “public art and/or other similar amenities, encouraged” (GMC 21.10.230.B.3.d):
“Blank building façades alongside property lines are strongly discouraged as they diminish the visual quality of contiguous properties as well as the Route 66 Corridor specific plan area. To optimize the quality of side property line facing building façades, including firewalls and parapet walls for zero lot-line construction, project applicants are strongly encouraged to include one or more of the following elements in architectural design plans:
(A) Public art (e.g., murals, wall mounted sculptures, etc.); (B) Architectural details;
(C) Architectural lighting;
(D) Landscaping (e.g., vines).”
Arrow Highway Specific Plan
(1.3.2 Objectives):
“7. Enhance Livability and Character
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Improve the area’s aesthetic appeal with the reuse/redevelopment of older buildings and shopping centers, attractive architectural styles, landscaping, public art, welcoming gateway elements, and unified street furniture and signage. Increase police visibility, “eyes on the street,” and upkeep of underutilized lots. Ensure efficient infrastructure to support future growth.” (2.3.4 - Commercial Core Mixed-Use (MU-CC) (2-24)):
“The Commercial Core Mixed-Use zone will create a vibrant commercial focus for the “commercial node” with a nearby residential community to support it. The MU-CC zone allows for an intensification of commercial uses within both a mixed-use and stand-alone setting. High density residential is allowed in a mixed-use setting and as a stand-alone use. Development within the zone shall include public amenities such as outdoor seating areas, plazas, and/or public art. The MU-CC zone applies to properties both east and west of the Bonnie Cove Avenue/Arrow Highway intersection.”
(2.5.2 Corridor-Wide Amenity zone):
“Since Glendora does not have jurisdiction over most of the Arrow Highway right-of-way, public realm improvements cannot be easily implemented without the County of Los Angeles or City of Covina acting. As such, the Specific Plan aims to create a better street life and aesthetic through the creation of an “Amenity Zone”. The Amenity Zone is a setback from the front property line, which shall be landscaped and/or programmed with pedestrian amenities (Exhibit 2.7). Street trees shall be planted within the Amenity Zone at the property line. Possible pedestrian amenities include but are not limited to landscaping amenities (at-grade planting strips, planter boxes), placemaking amenities (plazas, paseos, kiosks, public art, exterior seating/dining tables), and streetscape amenities (sheltered benches, drinking fountains, bike racks or lockers, refuse receptacles), etc.
While the Amenity Zone is corridor-wide, the specific setback requirements vary by the Transformative District.”
Note that the examples above reflect policy direction encouraging the incorporation of public art into commercial and residential development. Both the Route 66 and Arrow Highway Specific Plans provide policy direction to follow and encourage when considering new development applications. The development of large commercial shopping centers and residential projects are, however, rare occurrences in Glendora as most development involves smaller infill projects; and where larger development has occurred the art is not provided as it was a suggestion and not a requirement. Also, new commercial development typically involves an addition to an existing center and new residential development is often less than ten units. Consequently, opportunities for public art are limited.
Guidance on the form and content of public art is also limited. In cases where staff evaluates and provides recommendations, form and content default to two themes: 1) the citrus industry and 2) the City’s “pride of the foothills” motto. Images of the citrus industry recall Glendora’s agricultural period before 1950. Images of orange crate labels have been used in commercial and residential development for ornamentation. Most recently, an orange crate label was added to the design of a cellular communications tower. Because public art in the City is often affixed to a building, it is designed so that the art is most visible from parking lots and streets where the art may be seen while driving or as a passenger in a vehicle.
Compared with policies covering other areas of the City, guidance and regulation for the Village is more specific. Public art may be viewed while walking or driving through the Village. There are murals and other artistic expressions at several locations. Below is an excerpt from the GMC, which describes standards and a process for the City to review and approve murals in the Village (CCAP zone).
CCAP zone sign standards
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(19.24.075):
“(k) Murals.
(1) Murals are permitted in designated subdistricts with a two-step approval process by the historic preservation committee and planning commission. (2) Murals shall only be permitted on side walls of buildings. No murals shall be allowed on building frontage along Glendora Avenue.
(3) Murals shall not exceed eighty percent of the length or height of a wall and shall not extend to the edges of the wall or architectural features on the wall. Murals shall not be counted toward the number of allowable signs per business tenant or as part of the maximum allowable sign area.
(4) Murals shall have a Glendora historic or community theme (e.g., hillside scene, notable buildings, or locations) or express the city’s “Pride of the Foothills” motto. Murals shall not include any signage, language or imagery pertaining to a specific business, commercial product, or service.”
The section covering art in the Village provides the only specific process for regulating public art in the municipal code. Interestingly, this code only regulates murals (and not other art forms) and is located within Glendora’s sign code not zoning code. While it does provide standards it does not provide findings for approval that are specifically applicable to a public art review. Also, the reviewing bodies are listed as the Planning Commission (PC) and the Historic Preservation Committee (HPC); however, the HPC no longer exists as a separate body and its roles have been shifted to the PC. For review context, it is possible that a mural proposal may never have been presented to the PC. Other references in the municipal code encourage art as a matter of policy, but do not provide a regulatory process.
Based on policy and community sentiment, staff encourages the use of public art and content that reflects the community’s history, “Pride of the Foothills” motto, and the expression of natural features such as the foothills and surroundings. Other themes for art include the built environment such as illustrating notable buildings in the City, expressions of community character and themes.
Finally, other original forms and themes can be presented.
What other Cities are doing about art policies
Our research into the public art topic reveals that there is no universal way to regulate or promote public art. While some cities have nothing, others have dedicated substantial resources and produced detailed Art Master Plans. Few cities have adopted Art Master Plans. More cities have adopted art policies which vary from simple to detailed. Also, the reviewing bodies that approve art range from City staff, design review boards/architectural commission, to established art committees/boards (when applicable). See Attachment A for more context on comparisons.
Regulations relating to art
Private Property
Art is subjective and strict regulation is not always possible. When art is on private property constitutional rights (especially first amendment freedom of speech) must be taken into consideration. Content neutral regulations/guidelines may be considered and may include location placement, size, height, and lighting.
Public Art
Art on public land (or right-of-way), public art requirements, or art supported with public funds can be subject to regulations/standards that include content and can be done through adopted standards and artist agreements. Public art may be subject to specific art related findings for approval and review by a body (be it city staff, committee, commission, council).
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Attachment B provides a summary of regulations/standards for art.
Concepts for a Glendora Art Program:
A formal detailed art master plan may not be necessary for Glendora, but updates to existing code and adoption of an art program (policy) could benefit the community. An art program could enhance the aesthetic and cultural quality throughout the community and provide opportunities for public exposure to the visual arts, acknowledge our local artistic community, and inspire pride, identity, and a sense of place among the residents of the community.
Below are staff’s recommendations:
Standards/Guidelines/Agreements
Repeal Glendora Municipal Code (§19.24.075) relating to mural standards in the CCAP zone and replace with a new section (“Community Art Program”) under Chapter 21.03 General Regulations. The new section would remove the inconsistent regulations with a single section of code that applies to all of city (not a single zone) and provides guidelines/standards. The new code would also move the City’s art regulation from the sign code section for a single zone to the new section under the zoning code. Remove Planning Commission’s approval for private art installations and provide recommended guidelines limited to safety-related and non-content-based regulations (noncommercial /advertising, lighting, location, materials, etc.). Better define the Planning Commission’s (PC) role in review and approval of “public art” installations associated with new projects that have an art/in-lieu fee requirement (art on public or private land). Public art can apply to all new subdivisions, development projects, remodeling, and modification to existing development, as well as applicable standards (size, location, content). Because art proposals are infrequent, the creation of a separate art committee may not be necessary, and as such this role can be done by the Planning Commission.
Addition of specific art-based approval findings.
Define “Commercial” vs “Non-Commercial” art.
Create criteria for what constitutes “art”.
Create criteria for artist selection.
Include draft agreements for artists and developers (and future property owners) relating to content, installation, duration, and removal. Addresses responsibilities for maintenance and conservation of artwork including the requirement for the developer to enter into an agreement with the City that sets forth the developer’s maintenance obligations with respect to on-site artwork.
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Local Art and Directory
Adopt a general policy that artists from the region (especially if have connection with the City, if possible) are encouraged to participate in the Public Art program with the understanding that the directory is not restricted to the exclusive engagement of local artists. This includes establishing a local artist directory.
Art Requirement
Establish that public art shall be made a requirement in new construction projects within the City:
o Determine art requirements (i.e., based on building permit threshold for all development projects, and remodeling and modifications to existing development project including commercial and industrial, mixed-use, multi-family, single-family tract construction of 5 or more units, single-family house over certain amount/size).
Also defines which projects are exempt. For example: accessory dwelling units, certain low-income housing projects, or non-profit based projects (like churches or other institutions).
o Clearly state that applicable projects can either provide public art that is equal to, or more than the dollar value amount required, or in-lieu of installation instead provide an equal fee payment into the art fund (prior to building permit issuance). o Amount for art value shall be based on a percentage of the building permit valuation for the project (i.e., 2%, 1%, or ½% of building permit valuation) – actual percentage shall be determined, but 1% seems to be average. Attachment C is a summary of various cities percent requirements for comparison.
Art Fund
Establish a public art fund that is primarily funded by project in-lieu fees to support various art initiatives throughout the community. An art fund may also be used as a depository for endowments, bequests, grants, or donations. The fund could also include the donation of artworks to the City by individuals, corporations, and foundations, with the agreement that the art will be on public display and accessible to the public.
Examples of uses for an art fund include:
(a) The purchase, commission, and/or installation of public artwork. (b) Maintenance or restoration of public artwork.
(c) Art education programs, events, City sponsorships/grants to support local artists and/or community organizations
(d) Plaques and signage for existing artwork in the community. (e) Publicity and promotional materials for public art programs and functions. (f) Training and development for staff and commissioners involved in the administration of the art in public places program.
(g) Other costs directly associated with the administration of the art in public places program.
(h) Creation of temporary and community-based art programs such as utility box paintings, street light banners, wall murals, sidewalk poetry.
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Finally, while staff reviewed several master plans and polices, the City of Azusa’s policy is a local example with elements that could be mirrored with some changes to adapt for Glendora. Azusa’s examples are included as Attachment D and Attachment E.
FISCAL IMPACT
There is no fiscal impact associated with the recommendations in this report.
When considering a public art program, securing adequate funding is the cornerstone of any thriving program. Aside from donations from private individuals and corporations, public agencies will typically adopt percent for art fees by applying it to development and/or capital improvement projects. These types of fees guarantee a funding mechanism for public art projects. This will also be a consideration for the City Council when developing the public art program policy.
Attachment C provides a comparison of various cities’ current fees.
ENVIRONMENTAL DETERMINATION
This item is for information and direction only. The report is not a project under the “common sense” exemption (Gov. Code 15061(b)(3)) that CEQA only applies to projects which have the potential for causing significant effect on the environment.
Prepared By Mark Carnahan, City Planner &
Aaron Saenz, Planning Technician
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. Various Cities Public Art Policy Comparison
B. Regulations/Standards for Art (“the can and cannot”) C. Various Cities – Percent for Art Program Comparison
D. Azusa example – Art ordinance
E. Azusa example – Art Policy Manual
F. PowerPoint Presentation
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Various Cities Public Art Policy Comparison
Guiding Documents / Policies Funding Type
Municipality Ordinance / Art
Policy/Program
Public Art Master
Plan Art Fund Percent-for-Art
Arcadia
Azusa
Brea
Claremont
Covina
Duarte * (in progress) * (in progress) * (in progress) * (in progress) Irwindale
La Verne
Monrovia
Pasadena
Pomona
San Dimas
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Regulations and Standards
Can Regulate Cannot Regulate
Cities can create criteria for what constitutes “art”
Ex.) Functional art integrated into the building, landscape, or element of infrastructure, including sculpture, monument ,mural , painting, drawing, photography, fountain, banner, mosaic, textile, art glass, digital media art, video, earthworks, and multi-media installation)
Art on Private Property
First Amendment protection for artwork.
However, The Supreme Court has defined obscenity as “works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as a whole, do not have serious literary, artistic, political, or scientific value,” as determined by an “average person, applying contemporary community standards.”
Privately provided art must be “Public”
Ex.) Art is “accessible” to and enjoyable to the public, presuming accessibility during specific business hours, hours per day, visible at all times.
First Amendment Limitations on Government Regulation of Artwork Artwork containing elements of “fighting words,” incitement, or defamation also falls outside the umbrella of First Amendment protection.
Cities can create criteria for artist selection
Ex.) Can create local artist list or approved artist list. Criteria for established and recognized artists.
An artist’s free speech rights may be limited additionally by state common law limitations on “verbal torts,” including defamation—slander or libel—as well as torts such as intentional infliction of emotional distress. Specifically, when defamatory speech is on a matter of private concern and involves private individuals, the First Amendment generally does not protect the defendant speaker. Conversely, when speech critical of another relates to a matter of public concern, or when such speech involves a public figure,the speaker may have a First Amendment defense against a tort claim.
Cities can create criteria for the duration of art.
Ex.) Permanent art installation during the lifetime development project, minimum durations, temporary and rotating duration.
Examples of content neutral regulation of art include regulating the size, height, placement, or lighting of works of art. Unlike with signage, however, regulating some of the locational aspects of art may give rise to claims of content discrimination, particularly when a particular work of art is alleged to be contextor location-specific. Similarly, regulation of materials or color may be problematic, as the materials and colors used in the creation of a work of art are often central to the message of the particular work. More broadly, regulating noncommercial artwork differently from other forms of noncommercial speech may violate the First Amendment.
Cities can create criteria for size and location.
Ex.) Can determine which types of artwork will be suitable for the location, as well as size limitations. This is not pre-judging of any specific artwork, but an attempt to avoid placing a type of artwork in a setting where the artwork, by its nature, may be in danger (examples include: paintings exposed to direct sunlight or weather; artwork with moving parts exposed to weather).
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Percent for Art Program Comparison
Municipality Private Development BP = Building Permit
Azusa 1% of construction over $750,000 building project valuation. Commercial and industrial development or residential projects of (8) dwelling units or more.
Alameda 1% of construction over $250,000; maximum of $150,000 for public art Albany 1.75% for construction over $300,000
Brea 1% of BP over $1.5M
Burbank 1% of BP over $500,000
Claremont
.05% of BP for residential over $250,000 multi-family and single-family tracks of five or more lots
1% of BP for commercial over $250,000
Covina ***************
Culver City 1% of BP over $500,000 (industrial) and over $250,000 Commercial Duarte ***************
Emeryville 1% of BP over $300,000
Escondido $0.15 per square foot of all new development over 2,000 square feet Irwindale **************
La Verne 1% of BP over $500,000
½% of $250,000 to $499,999 shall provide a work of art or contribution Long Beach 1% of BP over $250,000
Los Angeles $1.57 per gross square foot (1% max) over $500,000 Monrovia 1% of BP over $1M
Palm Desert 1/4 of 1% of residential projects exceeding $100,000; 1/2 of 1% of commercial developments
Pasadena 1% of BP less admin costs
Petaluma 1% percent of construction over $500,000
Pomona 1% commercial/residential over $750,000
Sacramento 2% of Redevelopment Agency private projects
San Diego 1% of BP of non-residential development exceeding $5M San Jose 1%
Santa Rosa 1% of BP over %500,00
San Luis Obispo .5% of total construction cost of non-residential projects over $100,000 Santa Monica 2% of BP for on-site artwork or 1% for contribution to Cultural Trust Fund Stockton 1%
Walnut Creek 1% for 25,000 SF; .5% for 15,000 - 24,999 to Pedestrian Retail District of Core Area Development Zone
West Hollywood 1% of BP
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CHAPTER 88.39. - ART IN PUBLIC PLACES PROGRAM
88.39.010. - Purpose.
This chapter shall be known and cited as the Azusa Art in Public Places Program, the intent and purpose of which is to enhance the physical appearance of the community by facilitating and promoting opportunities to provide for cultural enhancement. The art in public places program also has the following goals: to distinguish Azusa as a special place to live, work, play, and visit; to integrate the vision of artists with the perspective of other design professionals into the planning and design of the urban landscape; to provide every member of the community easy visual access to artworks from vehicles on major public streets; to provide a means to counterbalance what many consider to be the "negative" effects of development (e.g. construction noise, traffic, congestion, and pollution); and to strengthen cultural awareness, creativity, and innovative thinking in the community. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.020. - Definitions.
For purposes of this chapter:
"Commission" means the Azusa Art in Public Places Commission, as established in Azusa Municipal Code sections 2-386 through 2-391.
"Development Project" means any development project subject to the program. "Program" means the Azusa Art in Public Places Program established pursuant to this chapter. "Project Applicant" means the individual or entity subject to and required to submit an application to the commission under the program.
(Ord. No. 09-O4, § 3, 9-8-09)
88.39.030. - Findings.
The city council makes the following findings in connection with the adoption of this ordinance and the fees established herein:
The purpose of this chapter is to promote the purchase and development of public artwork within the City of Azusa. All inlieu fees collected shall be used to purchase and develop public artwork within the City of Azusa.
There is a reasonable relationship between the acquisition of artwork through the program and the development projects on which the fees provided by this chapter shall be imposed because (1) artwork will enhance the real property values within the city generally, including the development projects to which the program will apply, and (2) artwork will enhance the aesthetic values of the city as a whole, make the city an attractive place to live and visit, thereby making the city more economically vital.
There is a reasonable relationship between the need for cultural amenities such as art and the development projects to which the program will apply, because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development project.
The amount of the art allocation is reasonably related to the artwork to be acquired because the amount of the fee increases as the value of the development project to which the program will apply rises, so there will be a direct and proportionate relationship between the size of the development project and the quantity or quality of artwork which can be purchased from the fees generated by the development project to which the program will apply. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.040. - Program Applicability; Art Allocation.
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Commercial and industrial development or residential projects of eight dwelling units or more, with a total building project valuation of $750,000.00 or more, are required to select, purchase and install permanent outdoor art at the development site, accessible and visible to the general public from public streets. The required minimum art allocation shall be one percent of the total building construction valuation (excluding tenant improvements), which is determined using the International Conference of Building Officials (ICBO) tables in effect at the time building permits are issued. The maximum art allocation per project will be set at $50,000.00.
All attached and detached additions to an existing commercial or industrial building, with a valuation (for the addition) of $750,000.00 or more shall also comply with the program. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.050. - In Lieu Fee.
In lieu of providing artwork in accordance with the provisions of this Chapter 88.39, the project applicant may pay the art in public places fee established by separate resolution of the city council. Allocations paid in this manner will be used to provide art in public places elsewhere in the city. Fees collected shall be deposited in the art in public places fund established pursuant to Section 88.39.090. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.060. - Determination of Building Valuation.
The minimum art allocation for each development project is equal to one percent of the total building valuation of a development project. The total building valuation is computed at the time building permits are issued, using the most current Building Valuation Data set forth by the International Conference of Building Officials (ICBO). This information is issued quarterly. Square foot value is based on the type of building construction, the proposed use of the building, and the quality of construction. An initial building valuation is estimated by the city's building official when the developer submits formal application plans to the city's planning division. The building valuation is recalculated when the development project receives building permits. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.070. - Permissible Uses of Art Allocation.
The art allocation described in Section 88.39.040 may be used to pay for the following expenditures: the artwork itself, including the artist's fee for design, structural engineering, and fabrication; transportation and installation of the artwork; identification plaque(s) for the artwork; mountings, pumps, motors or subterranean equipment, pedestals, bases, or materials directly necessary for installation of the artwork; lighting specifically illuminating the artwork; art consulting fees which shall not exceed ten percent of the total art allocation; and art appraisals requested by city staff and/or the commission. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.080. - Prohibited Uses of Art Allocation.
The art allocation described in Section 88.39.040 may not be used to pay for the following expenditures: expenses to locate the artist (e.g. airfare for artist interviews, etc.); architect and landscape architect fees; landscaping around a sculpture, that is not included as part of the artist's sculpture furnishings, including, but not limited to, functional structures, prefabricated water or electrical features not created by the artist, and ornamental enhancements; utility fees associated with activating electronic or water generated artwork; lighting elements not integral to the illumination of the artwork; publicity, public relations, photographs, educational materials, business letterhead or logos bearing artwork image; and dedication ceremonies, including unveilings or grand openings. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.090. - Art in Public Places Fund.
There will be, and there is hereby, established an art in public places fund, which shall be a separate, interest-bearing account for all fees collected under this chapter which shall be called the art in public places fund account. The art in public places fund shall be used solely for the acquisition, installation, improvement, and maintenance of artwork to be displayed in the city, and for the administration of the art in public places program.
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88.39.100. - Artist and Artwork Selection; Art Consultant.
The project applicant is responsible for selecting the artist(s) and artwork, provided both meet the program criteria. The commission shall consider each artist and proposed artwork on a case-by-case basis.
The project applicant may choose to hire an art consultant to assist with the selection of the artist and the application process. The role of the art consultant is to research and present to the project applicant, qualified artists who are able to create an appropriate artwork for their specific project. The art consultant is responsible for providing written and visual collateral on the artist(s) for the application. The project applicant may not apply more than ten percent of the total art allocation toward consulting fees. Consulting fees in excess of ten percent of the allocation shall be absorbed by the project applicant. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.110. - Value Verification.
If city staff cannot verify the value of a proposed artwork (by past records of comparable work sold, etc.), the city may choose to have the artist's proposal and/or other completed works appraised by a qualified art appraiser selected by the city. The project applicant shall pay up front for any art appraisal service fees. This expense may be deducted from the total art allocation. (Ord. No. 09-O4, § 3, 9-8-09)
88.39.120. - Application Process.
Plan Review. Upon submittal of a development proposal for plan approval to the city's planning division, the planning division will assess the valuation of the development project. If the development project is valued at $750,000.00 or more, staff will inform the project applicant of the estimated one percent art allocation for the development project. The project applicant will be given full program details including the art in public places policy application. Artwork must be approved prior to issuance of a building permit and in place prior to issuance of a certificate of occupancy.
Artist Selection. If the project applicant chooses to purchase and install artwork rather than pay the art allocation directly to the city, the project applicant must select an artist(s) who meets the program criteria. The project applicant and selected artist should collaborate in packaging the art application for review by the commission.
Commission Review. The project applicant must submit the art in public places application to the city's planning division, which will schedule an appointment with the commission for review of the application.
Notification and Follow-Up. The project applicant shall be notified in writing of the commission's decision within ten days of the review meeting. If the artwork is approved, any outstanding items that must be completed by the installation date will be listed and given to the project applicant.
If the artwork is not approved, the reason(s) for denial will be noted, including possible modifications or additions which could lead to recommended approval. Should the project applicant agree to the modifications, he/she may resubmit an application to the commission for reconsideration. The project applicant may also appeal the commission's decision to the city council in accordance with the appeal process provided in Section 88.39.120(E). Once approved by the city, the project applicant shall inform the city of the approximate date the artwork will be installed.
Appeals. The project applicant must file the city clerk a written request for an appeal within ten days of notification of the commission's recommendation. All items for appeal should be addressed to the city council. Upon filing an appeal, the city clerk shall set the hearing date and notify the applicant. The city council may affirm, reverse, or modify in whole or in part any commission recommendation or requirement. The city council's decision shall be final and conclusive.
Unveiling Plans. The project applicant shall contact the planning division regarding any unveiling or dedication ceremonies for the artwork. An unveiling or dedication is strictly optional. In the event the project applicant chooses to conduct an unveiling or dedication, city staff shall provide the project applicant with an invitation list of city council members and commissioners, and other appropriate guests. City staff shall work with the project applicant to promote press opportunities and public interest in the artwork.
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88.39.130. - Review Criteria and Requirements.
Artistic Qualifications.
Experience. Artists should be working artists, who have a portfolio which includes outdoor art. Qualified artists should have experience in design concept, fabrication, installation, and long-term durability of large-scale exterior artworks. Artists must be able to successfully collaborate with design teams, architects, art consultants, developers, engineers, fabricators, and landscape architects, and meet scheduled deadlines. Artists should also have experience in negotiating and contracting their work responsibly. Artists who do not meet these criteria will not be approved by the commission.
Verification of Past Works. Artists must be able to verify the value of the proposed artwork, based on their previous and current public art commissions. The commission will look for purchase prices of similar works sold by the artist (by size, medium, etc.) which progressively increase toward, or exceed, the proposed commission amount. The city may request records, including but not limited to, sales contracts, invoices, and payments. Gallery list prices or asking prices of works are not necessarily comparable, as they are not records of a willing buyer. If the value of the proposed art piece cannot be verified (by records of past comparable sold works, etc.), the city may choose, at its sole discretion, to have the artist's proposal and/or other completed works appraised by a qualified art appraiser. This expenditure shall be counted toward the total art allocation, and shall be borne by the developer. The value of the proposed artwork shall be verified prior to commission review as to not delay the approval process.
Artwork Criteria.
Artistic Expression and Innovation. Proposed artworks shall demonstrate how they will effectively engage the public, and invite a "second look." Works engaging to the public are often described as thought provoking, inspiring, entertaining, clever, whimsical, powerful, reflective, or symbolic. Innovation and originality are encouraged and expected. The commission takes interest in the artist's creative thought process in relationship to the specific development project. Therefore, existing works are not generally encouraged. Artists shall be able to thoroughly discuss the following elements of their proposal with the commission: expressive properties (mood, feeling, message, symbolism) and formal properties (balance, emphasis/dominance, repetition/rhythm, unity, form/shape, texture, color).
Scale and Content. Artworks must be appropriate in scale, material, form, and content to their immediate, general, social, and physical environments. The artwork shall not look like an afterthought to the development. The following are not acceptable:
Mass produced reproductions or replicas of original works of art. Exceptions are signed sculptures by the original artist for reproduction. (Edition limit: 5).
Functional equipment, which may be considered part of an amenities package, such as benches, chairs, fountains, etc.
Decorative or ornamental pieces which are not designed by a qualified, acceptable artist, including historical markers or bells, bell towers, obelisks, minor architectural ornamentation, and garden sculpture.
Art as advertisements or commercial signage mixed with imagery.
Permanence and Materials. The following are recommended materials: bronze, stainless steel, high-grade aluminum, hard stone. The following materials are not recommended: Cor-ten steel, wood, soft stone (e.g. alabaster). Other materials not listed may be considered, in the event the artwork application includes a comprehensive maintenance plan, which meets the interest and standards of the commission and staff. Rust proof materials must be used whenever possible. Artists will be asked to provide a breakdown by percentage of metal alloys for bronzes from foundries. Thickness and grade/quality of steel works will be reviewed for rust proof durability. Artists shall take note of which materials (including nuts, bolts, and other metal fixtures) will be in contact with each other that may produce oxidation and rust. Artists must be able to clearly demonstrate the quality, craftsmanship, and durability of their artwork. Substantial consideration shall be given to structural and surface integrity and stability, permanence and weathering, resistance against theft, vandalism, and the probability of excessive maintenance and repair costs. Artworks must be constructed of durable, long-lasting materials that are able to withstand outdoor display, and require low levels of maintenance. When selecting an art piece, project applicants shall keep in mind that property owners are legally responsible for the maintenance of the artwork for its lifetime.
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Multiple Editions. If the proposed artwork is one of multiple editions, the applicant shall include the edition number of the piec provide the location of all other editions. To maintain the value of the proposed artwork, similar editions may not be publicly dis within a 50-mile radius of the Azusa Development Project site, unless both the commission and the owner of existing and/or futu editions grant permission.
Water Features and Fountains. Water feature pieces, or artwork requiring water, must be conceptually designed by an acceptable, qualified visual artist in order to be considered for the program. The artwork must stand on its own should the water cease to function properly. There must be a demonstrated collaboration between the artist and the water feature design company. The intent of the program is to promote the work of visual artists, not water feature design companies.
Water related costs, such as pump and pool construction, will be evaluated by the commission for consideration as part of the overall art allocation. Project applicants are welcome to exceed the arts budget to construct a water feature. However, water features will not be accepted in lieu of the art in public places requirement. No more than 30 percent of the total art allocation may be utilized for water-related costs.
Site and Installation Requirements.
Visibility. Artwork is to be located outdoors and easily visible to both motorists and pedestrians from a major public street.
Distance from the artwork to the public street should typically not be greater than 50 feet. Artwork may not be placed near monumental signs, sign walls, bus benches, or utility boxes, as these structures may impede the public's view from the street or diminish the aesthetic value of the artwork. Lettering, symbols or signage are not permitted upon the artwork or its foundation, except as intended by the artist. Visibility to the general public is the key criteria in approval of artwork location.
Exceptions can be made for large open or enclosed public areas such as shopping malls, which may have their art piece(s) in an interior public location.
Signage. Permanent signage of any type is not permissible in or around the immediate area of the artwork. This includes the foreground, background, or adjacent areas of the artwork. Signage should not distract or diminish the aesthetics of the artworks, when the public views the artwork from the most accessible vantage points (e.g. intersections, entryways). The commission will review all signage plans and ask the applicant to provide alternative locations should the signage interrupt the public's view.
Lighting and Electrical. Artwork shall be properly lit during evening and nighttime hours. All lighting and electrical elements should be in good working condition and meet all current safety conditions. Lighting and electronic elements, not integral to the sculpture, will not be included as part of the art allocation. Lighting plans must be submitted as part of the application.
Landscaping and Base. Landscaping and art base should be well integrated and securely installed. The sculpture must also be secured to the base. A licensed structural engineer must approve and certify the installation plans as structurally sound, safe, and durable. The base shall only house the artwork and plaque, if applicable.
Identification. Each artwork shall be identified by a cast bronze plaque approximately eight inches by eight inches. The plaque shall be placed in a ground location near the artwork, listing only the title, artist, and date of installation. The Commission must approve any additional plaques that may be requested.
Maintenance. All property owners are responsible for maintaining their artwork for its lifetime and replacing the artwork should it be damaged beyond repair, destroyed, or stolen. The project applicant should demonstrate that the selected artwork is constructed for permanent outdoor display and that provisions have been made for its long-term care.
Damaged Artwork. The property owner is responsible for repairing the artwork in the event of damage and/or vandalism.
Artwork damaged or vandalized shall be repaired as closely as possible to the original approved artwork. If repair is needed, the original artist must be given first refusal on repair(s) for a reasonable fee. If the original artist is not available or is unwilling to perform the required repair(s) for a reasonable fee, the owner shall make arrangements for repair(s) with a reputable art conservator. The owner shall be responsible for notifying the commission and city staff of the steps that will be taken to repair the artwork.
Replacement of Artwork. In the event the artwork is destroyed, damaged beyond repair, stolen, or otherwise removed from the site, the owner shall replace the artwork with a new work of art. The owner shall submit an application to the city for review by the commission. The new artwork shall comply with all of the requirements of the program in effect at the time the work is Item #16. Page 15
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replaced. The allocation for the new (replacement) artwork shall be calculated at one percent of the current total building valuation, as computed by the most current Building Valuation Data set forth by the International Conference of Building Officials (ICBO). The replacement process shall be completed within a six to 12 month time frame unless otherwise agreed to by the city.
Donation of Artwork to City. Although the artwork is located in public view, the intent of the program is for the artwork to be located on private property as part of the fixed assets of that property. Therefore, the city does not encourage the donation of public art to the city. However, in special cases where it is impossible for artwork to remain on private property and/or be maintained by the property owner, the city may consider accepting the donation of an artwork. Property owners may submit a written request to the commission describing the unique circumstances and the reasons why they are requesting that the city accept the donation of the artwork. The commission will review their request, discuss the proposal and forward a recommendation to the city council.
(Ord. No. 09-O4, § 3, 9-8-09)
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Public Art
Continued Discussion Regarding Current Codes/Polices and Research on Regulation and Promotion of Public Art
Community Development
City Council
March 28, 2023
(Mark Carnahan, City Planner & Aaron Saenz, Planning Technician) CityOfGlendora.org
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2 BACKGROUND
May 25, 2022
– Councilmembers Thompson and Allawos requested a report on public art in Glendora July 12, 2022
– Director Kugel presented a report on public art and early research into the topic as relates to Glendora.
Council directed staff to further review existing codes and research policy ideas to further regulate as well promote art in the community
March 9, 2023
– City Council held a Special Meeting for the 2023-2023 Strategic Plan Objectives/Tasks which included Objective 7: Develop and Implement a Comprehensive Public Art Policy – Tasks:
1) Survey of surrounding city public art programs;
2) Complete summary of Glendora’s publc art policies; and 3) Based on Council feedback, finalize recommendations for a comprehensive public art plan.
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• Public art creates points of interest, adds meaning, and expresses the unique qualities of the community
• Supporting organizations: California Arts Council, Americans for the Arts and others.
• “Public Art in Public Places” is a website with a catalog of public art by community in California.
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4 Location: “The Cloud Gate” – Chicago, Illinois
Location: Love Park - Philadelphia , Pennsylvania
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5 EXISTING GLENDORA EXAMPLES
Location: Union Cowork – Route 66
Location: Glendora Village Location: Northwest Corner of intersection on Grand Ave. and Route 66 Location: Glendora and Ada Ave Location: Glendora Marketplace
Location: Glendora Promenade
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6 FURTHER EXAMPLES OF EXISTING ART
City of Glendora – “Our City Our Home” (Private Mural)
Location: Rubel Castle – “Rubelia” Entrance Location: Citrus Community College – “Torch of Knowledge” Location: Finkbiner Park Item #16. Page 40
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7 FURTHER EXAMPLES OF ART
RT66 and Elwood Ave
Post Office Glendora Ave Arboretum
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8 FUTURE PUBLIC ART Item #16. Page 42
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9 EXISTING GENERAL PLAN POLICIES
Land Use Element
LU-16.7
Encourage the use of existing public and private facilities for publicly accessible activities, such as art show events, craft shows, etc.
Historic Preservation Element
Memorialize significant people, places, and events in the history of Glendora through plaques and public art.
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10 EXISTING ART POLICIES | CODES
Civic Center Area Plan (Glendora Village)
19.24.075 CCAP zone sign standards.
(k) Murals.
(1) Murals are permitted in designated subdistricts with a two-step approval process by the historic preservation committee and planning commission. (2) Murals shall only be permitted on side walls of buildings. No murals shall be allowed on building frontage along Glendora Avenue. (3) Murals shall not exceed eighty percent of the length or height of a wall and shall not extend to the edges of the wall or architectural features on the wall. Murals shall not be counted toward the number of allowable signs per business tenant or as part of the maximum allowable sign area. (4) Murals shall have a Glendora historic or community theme (e.g., hillside scene, notable buildings or locations) or express the city’s “Pride of the Foothills” motto. Murals shall not include any signage, language or imagery pertaining to a specific business, commercial product or service.
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11 EXISTING ART POLICIES | CODES
Route 66 Specific Plan Area
Route 66 Corridor Design Guidelines
21.10.220 – “District-specific guidelines – “public art and/or other similar amenities, encouraged”
21.10.230.B.3.d – Blank building façades along side property lines are strongly discouraged as they diminish the visual quality of contiguous properties as well as the Route 66 Corridor specific plan area. To optimize the quality of side property line facing building façades, including firewalls and parapet walls for zero lot-line construction, project applicants are strongly encouraged to include one or more of the following elements in architectural design plans:
(A) Public art (e.g., murals, wall mounted sculptures, etc.); (B) Architectural details;
(C) Architectural lighting;
(D) Landscaping (e.g., vines).
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12 EXISTING ART POLICIES | CODES
Arrow Highway Specific Plan Area
Objectives
7. Enhance Livability and Character
Improve the area’s aesthetic appeal with the reuse/redevelopment of older buildings and shopping centers, attractive architectural styles, landscaping, public art, welcoming gateway elements, and unified street furniture and signage. Increase police visibility, “eyes on the street,” and upkeep of underutilized lots. Ensure efficient infrastructure to support future growth. 2-24 Commercial Core Mixed-Use (MU-CC)
The Commercial Core Mixed-Use zone will create a vibrant commercial focus for the “commercial node” with a nearby residential community to support it.
The MU-CC zone allows for an intensification of commercial uses within both a mixed-use and stand-alone setting. High density residential is allowed in a mixed-use setting and as a stand-alone use. Development within the zone shall include public amenities such as outdoor seating areas, plazas, and/or public art. The MU-CC zone applies to properties both east and west of the Bonnie Cove Avenue/Arrow Highway intersection.
2.5.2 CORRIDOR-WIDE AMENITY ZONE
Since Glendora does not have jurisdiction over most of the Arrow Highway right-of-way, public realm improvements cannot be easily implemented without the County of Los Angeles or City of Covina acting. As such, the Specific Plan aims to create a better street life and aesthetic through the creation of an “Amenity Zone”. The Amenity Zone is a setback from the front property line, which shall be landscaped and/or programmed with pedestrian amenities (Exhibit 2.7). Street trees shall be planted within the Amenity Zone at the property line. Possible pedestrian amenities include but are not limited to landscaping amenities (at-grade planting strips, planter boxes), placemaking amenities (plazas, paseos, kiosks, public art, exterior seating/dining tables), and streetscape amenities (sheltered benches, drinking fountains, bike racks or lockers, refuse receptacles), etc. While the Amenity Zone is corridor-wide, the specific setback requirements vary by the Transformative District.
Item #16. Page 46
Meeting Date: 3/28/2023 / Packet Page #: 305
13 PUBLIC ART POLICY TYPES
Each of the previously listed options are found in surrounding cities Art Master Plans or regulations. Each option offers different benefits and challenges. The City Council may choose to implement one or a combination of these policies based on specific goals and needs of the community.
Various Cities Public Art Policy Comparison
Guiding Documents / Policies Funding Type
Municipality Ordinance / Art Policy/Program Public Art Master Plan Art Fund Percent-for-Art Arcadia
Azusa
Brea
Claremont
Covina
Duarte *
(in progress)* (in progress)* (in progress)* (in progress) Irwindale
La Verne
Monrovia
Pasadena
Pomona
San Dimas
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Meeting Date: 3/28/2023 / Packet Page #: 306
REGULATIONS RELATED TO ART
14 CAN.. CANNOT..
Can Regulate Cannot Regulate
Cities can create criteria for what constitutes “art”
Ex.) Functional art integrated into the building, landscape, or element of infrastructure, including sculpture, monument ,mural , painting, drawing, photography, fountain, banner, mosaic, textile, art glass, digital media art, video, earthworks, and multi-media installation)
Art on Private Property
First Amendment protection for artwork.
However, The Supreme Court has defined obscenity as “works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as a whole, do not have serious literary, artistic, political, or scientific value,” as determined by an “average person, applying contemporary community standards.” Privately provided art must be “Public”
Ex.) Art is “accessible” to and enjoyable to the public, presuming accessibility during specific business hours, hours per day, visible at all times.
First Amendment Limitations on Government Regulation of Artwork Artwork containing elements of “fighting words,” incitement, or defamation also falls outside the umbrella of First Amendment protection.
Cities can create criteria for artist selection
Ex.) Can create local artist list or approved artist list. Criteria for established and recognized artists.
An artist’s free speech rights may be limited additionally by state common law limitations on “verbal torts,” including defamation—slander or libel—as well as torts such as intentional infliction of emotional distress. Specifically, when defamatory speech is on a matter of private concern and involves private individuals, the First Amendment generally does not protect the defendant speaker. Conversely, when speech critical of another relates to a matter of public concern, or when such speech involves a public figure, the speaker may have a First Amendment defense against a tort claim.
Cities can create criteria for the duration of art.
Ex.) Permanent art installation during the lifetime development project, minimum durations, temporary and rotating duration.
Examples of content neutral regulation of art include regulating the size, height, placement, or lighting of works of art. Unlike with signage, however, regulating some of the locational aspects of art may give rise to claims of content discrimination, particularly when a particular work of art is alleged to be context- or location-specific. Similarly, regulation of materials or color may be problematic, as the materials and colors used in the creation of a work of art are often central to the message of the particular work. More broadly, regulating noncommercial artwork differently from other forms of noncommercial speech may violate the First Amendment.
Cities can create criteria for size and location.
Ex.) Can determine which types of artwork will be suitable for the location, as well as size limitations. This is not pre-judging of any specific artwork, but an attempt to avoid placing a type of artwork in a setting where the artwork, by its nature, may be in danger (examples include: paintings exposed to direct sunlight or weather; artwork with moving parts exposed to weather).
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15 CONCEPTS FOR A GLENDORA ART PROGRAM
STANDARDS/GUIDELINES/AGREEMENTS
Repeal Glendora Municipal Code (§19.24.075) relating to mural standards in the CCAP zone and replaces with a new section (“Community Art Program”) under Chapter 21.03 General Regulations. Remove Planning Commission’s approval for private art installations and provide recommended guidelines. Better define the Planning Commission’s (PC) role in review and approval of “public art” installations associated with new projects.
Addition of specific art-based approval findings.
Define “Commercial” vs “Non-Commercial” art.
Create criteria for what constitutes “art”.
Create criteria for artist selection.
Include draft agreements for artists and developers (and future property owners) relating to content, installation, duration, and removal.
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LOCAL ART AND DIRECTORY
16 Adopt a general policy that artists from the region (especially if have connection with the City, if possible) will be encouraged to participate in the Public Art program with the understanding that the City is not restricted to the exclusive engagement of local artists. This includes establishing a local artist directory.
Source: “Sacramento: Arts & Cultural Assets” (2022, City of Sacramento) Source: “Public Art for Private & Municipal Development – Quick Guide for Developers” (2022, City of Claremont) Source: “Public Art List & Location” (2022, City of Riverside) Item #16. Page 50
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17 ART REQUIREMENT
Establish that public art shall be made a requirement in new construction projects within the City:
• Determine projects that are subject to a public art requirement. Also define which projects are exempt. For example:
accessory dwelling units, certain low-income housing projects, or non-profit based projects (like churches or other institutions).
• Clearly state that applicable projects can either provide public art that is equal to, or more than the dollar value amount required or in lieu of installation instead provide an equal fee payment into the art fund (prior to building permit issuance). • Amount % TBD (i.e. 2%, 1%, or ½% of building permit valuation).
Item #16. Page 51
Meeting Date: 3/28/2023 / Packet Page #: 310
ART FUND
18 Establish a public art fund that is primarily funded by project in-lieu fees to support various art initiatives throughout the community: An art fund may also be used as a depository for endowments, bequests, grants, or donations. The fund could also include the donation of artworks to the City by individuals, corporations, and foundations, with the agreement that the art will be on public display and accessible to the public.
Examples of uses for an art fund include:
(a) The purchase, commission, and/or installation of public artwork. (b) Maintenance or restoration of public artwork.
(c) Art education programs, events, City sponsorships/grants to support local artists and/or community organizations (d) Plaques and signage for existing artwork in the community. (e) Publicity and promotional materials for public art programs and functions. (f) Training and development for staff and commissioners involved in the administration of the art in public places program. (g) Other costs directly associated with the administration of the art in public places program. (h) Creation of temporary and community-based art programs such as utility box paintings, street light banners, wall murals, sidewalk poetry.
Item #16. Page 52
Meeting Date: 3/28/2023 / Packet Page #: 311
ART FUND – PERCENT FOR ART EXAMPLE
19 City of Glendora
Estimate of Potential Contributions based on 1% of Commercial and Residential Building Permit Valuations* 2020 2021 2022
RESIDENTIAL BP VALUATION >100K $40,233 $197,431 $173,565 COMMERCIAL BP VALUATION >100K $143,967 $35,980 $95,663
TOTAL: $184,200 $233,411 $269,2283
*Thresholds for percentage of contribution, building permit valuation minimums, and project types can be modified. Above provided estimate is based on all building permit valuations over that amount including SFR. Estimated amounts show totals and if all projects paid “in-lieu” contributions instead of providing physical on-site art.
Item #16. Page 53
Meeting Date: 3/28/2023 / Packet Page #: 312
SCULPTURES
20 Artist Credit: Joseph McDonnell Artist Credit: Marlo Bartels Artist Credit: Michael Stutz Artist Credit: Brad Oldham Item #16. Page 54
Meeting Date: 3/28/2023 / Packet Page #: 313
ART | PUBLIC INFRASTRUCTURE
21 Credit: The Arroyo Group
Location: Glendora Ave / Ada Ave
Credit: The Arroyo Group
Location: Grand Ave / Foothill Blvd Credit: Tyler St Underpass Mural Location: City of Riverside
Rendering provided by Glendora City Planning Division Staff Rendering provided by Glendora City Planning Division Staff Location: Grand Ave underpass
Location: Sunflower Ave underpass
Item #16. Page 55
Meeting Date: 3/28/2023 / Packet Page #: 314
ART | PUBLIC INFRASTRUCTURE
22 Credit: The Arroyo Group
Location: Glendora Ave / Ada Ave
Credit: The Arroyo Group
Location: Grand Ave / Foothill Blvd Credit: Tyler St Underpass Mural Location: City of Riverside
Rendering provided by Glendora City Planning Division Staff Rendering provided by Glendora City Planning Division Staff Location: Grand Ave underpass
Location: Sunflower Ave underpass
Item #16. Page 56
Meeting Date: 3/28/2023 / Packet Page #: 315
ART GLASS / WINDOWS
23 Artist Credit: Judson Studios
Artist Credit: Cliff Garten Artist Credit: Judson Studios Artist Credit: Eric Zammit
Artist Credit: Marco Santini
Item #16. Page 57
Meeting Date: 3/28/2023 / Packet Page #: 316
BICYCLE RACKS
24 Artist Credit: Liz Avalon Artist Credit: D Davis
Location: City of Spokane
Location: City of Columbus, Indiana Location: City of Athens, Georgia Item #16. Page 58
Meeting Date: 3/28/2023 / Packet Page #: 317
METALWORK
25 Artist Credit: Vickie Jo Sowell Artist Credit: Vickie Jo Sowell Artist Credit: Vickie Jo Sowell Item #16. Page 59
Meeting Date: 3/28/2023 / Packet Page #: 318
UTILITY BOX ART
26 City of Azusa
City of Arcadia City of Claremont
City of Duarte City of Monrovia
City of Chino Hills
Item #16. Page 60
Meeting Date: 3/28/2023 / Packet Page #: 319
UTILITY BOX ART
27 City of Azusa
City of Arcadia City of Claremont
City of Duarte City of Monrovia
City of Chino Hills
Item #16. Page 61
Meeting Date: 3/28/2023 / Packet Page #: 320
LITTLE FREE LIBRARIES
28 Item #16. Page 62
Meeting Date: 3/28/2023 / Packet Page #: 321
FURTHER EXAMPLES OF TYPES OF ART
29 City of Monrovia – “Foot notes” sidewalk poetry contest City of Whittier – Rotating Streetlight Banners City of Glendora – Chalk Art Festival Item #16. Page 63
Meeting Date: 3/28/2023 / Packet Page #: 322
30 RECOMMENDATIONS
1. Receive and file the report; and
2. Provide direction to staff on a draft ordinance and/or policies relating to establishment of a public art program, specifically standards/guidelines, art requirement for
new developments (and in-lieu fee), establishment of an art fund, and a local artist directory.
That the City Council:
Item #16. Page 64
Meeting Date: 3/28/2023 / Packet Page #: 323
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: CITY MANAGER DISTRICT(S): 2 AND 3
SUBJECT: ANTIQUE STREETLIGHT ASSESSMENT DISTRICT ESTABLISHMENT AND PROJECT UPDATE
RECOMMENDATION
That the City Council:
1. Receives an update on the Antique Street Light project; and
2. Provide direction to City Staff.
EXECUTIVE SUMMARY
The antique streetlight system was originally installed over 100 years ago and is located near/around the Glendora Village. As the system deteriorated over time, it became increasingly difficult to maintain, and was shut down by the City in 2004 due to unsafe conditions. Since that time, various discussions and actions have taken place around the potential to retrofit and upgrade the system to make it operational again. These actions and discussion have included three unsuccessful ballot measures to increase the assessment on antique lights and/or re-establish an antique streetlight assessment district, with the most recent attempt made in 2008.
Following a City staff presentation on the estimated costs and timeline to reenergize the antique street lights in mid-2022, the City Council discussed and approved the creation of an Ad-Hoc Antique Streetlight Citizen’s Advisory Panel (Ad-Hoc Panel), with a mission to engage residents in a dialogue to determine the interest and feasibility of renovating the antique streetlights, and potential support for the creation of an antique streetlight maintenance assessment district. The Ad-Hoc Panel made a report of its findings and recommendations to the City Council in January 2023, which included requests for the City to continue moving forward with the project, fund project shortfalls, prioritize refurbishment over new streetlights, rebid the project, and find a path forward for an assessment in the $100-200 per year range.
Based on City Council feedback from the January 24, 2023 City Council meeting, Staff met with the City’s consultants and past bidders, reviewed lighting assessment district formation timelines, investigated new versus refurbished streetlights, and re-negotiated the bid the City received for the project. If the City Council would like to move forward with the formation of the antique streetlight district this year, the City would need to take formal action at its April 11, 2023 City Council meeting. In order to stay within the $100 to $200 per year recommendation of the Ad-Hoc Panel, the project would require replacement of all lights, increased work by City staff, and additional City funding in the amount of approximately $600,000.
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.
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Staff Report Page 2 of 10
On November 5, 1996, California voters approved Proposition 218 which added Article XIIID to the California Constitution. Proposition 218 establishes procedural requirements for the formation and administration of assessment districts. It also requires the City to ballot affected property owners to obtain consent for assessment increases exceeding the anticipated maximum permissible increase per assessment formula, for example Consumer Price Index (CPI) increase.
One previous attempt was made to increase the assessment for the antique streetlights shortly after they were shut down in 2004 to pay for the necessary improvements. When that process failed to gain support of the homeowners through the City’s outreach and education efforts, the existing antique streetlight assessment district was terminated.
Two previous attempts have been made to re-establish an antique streetlight assessment district:
February 13, 2007 Ballot Results ($378.98: single family unit, $138.33: multi-family unit, $2,148.44/acre: non-residential, and $716.15/acre: undeveloped) o Favor – 18
o Opposition– 197
o Rejected – 1
April 22, 2008 Ballot Results ($141.90: single family unit, $48.26: multi-family unit, $801.88/acre:
non-residential, and $267.34/acre: undeveloped) (Attachment A) o Favor – 60
o Opposition – 98
o Rejected – 7
The difference between the initial ballot in 2007 and the second ballot in 2008, was two-fold. In 2008, the City was proposing to 1) pay for a portion of the repairs; and 2) finance future pole repair over 30-years.
At its January 28, 2020 meeting, the City Council approved sending a letter to Senator Portantino requesting an appropriation in the State of California’s budget to cover the cost of retrofitting the City’s historic street lights in the amount of $1,500,000; at that time, staff anticipated costs for the project of up to $2,500,000.
Shortly after the adoption of the City’s Fiscal Year (FY) 2021 to FY 2023 Two-Year Budget, and based upon a request submitted to California State Senator Anthony J. Portantino, it was announced that $1,500,000 was approved in the State budget for the antique streetlight system. Given this, Glendora Capital Improvement Project (CIP) funds were rescheduled between the Antique Streetlight Project and other existing CIP projects so that preliminary work could begin during FY 2021/22, and an agreement was awarded to JMDiaz, Inc. to provide initial design services, including 65% complete design plans, and a preliminary total project cost estimate based upon those plans.
On May 10, 2022, the City Council authorized staff to develop an ad-hoc process for a group of no more than 11 people to begin a feasibility dialogue around the restoration of the City’s antique streetlights, and the creation of an antique streetlight maintenance assessment district. The City Council also authorized staff to engage an engineering firm to assess support for the effort, including an additional supplemental appropriation of $55,000 from Capital Projects Fund 321 to complete design plans, bringing the total funded project budget to $1,629,950 ($1,500,000 from Senator Portantino and $129,650 in discretionary capital funds).
On June 14, 2022, the City Council discussed and approved the creation of an Ad-Hoc Antique Streetlight Citizen’s Advisory Panel (Ad-Hoc Panel), with a mission to engage residents in a dialogue to determine the interest and feasibility of renovating the antique streetlights, and potential support for the creation of an antique streetlight maintenance assessment district.
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On August 23, 2022, the City Council appointed all nine applicants as members of the Ad-Hoc Antique Streetlight Citizen’s Advisory Panel, directed that one seat would be open for a representative from the Glendora Historical Society, and appointed Patrick Hollanders as Chair with direction to have the Vice Chair chosen by the Panel.
The Ad-Hoc Panel met on six occasions (September 8 and 29, October 20, November 10, and December 1 and 21). The Panel:
● Reviewed the history of the antique streetlight system dating back to its original installation in 1911 and 1914;
● Discussed the project plans and recommended the inclusion of alternate options as part of the bid package;
● Received an overview of the City’s bidding process;
● Received a briefing on the process and legal framework related to the establishment of an assessment district, and discussed the estimated annual assessment based on the results of the bidding process; and,
● Developed a public outreach effort that informed the creation of a project webpage and collateral materials, conducted door to door outreach, and staffed an informational table during the Village Stroll.
Each of the Ad-Hoc Panel’s meetings was open to the public, broadcast virtually (via Zoom), with agendas and supporting materials published to a project webpage created on the City’s website (https://www.cityofglendora.org/residents/ad-hoc-panel-antique-streetlights). The webpage also includes information on the schedule of meetings, historical information on the antique streetlights, the timeline of recent City Council actions related to the antique streetlights, as well as responses to the questions posed by members of the Ad-Hoc Panel in several subject areas – general overview, financial, lighting assessment district, construction, operational, and other (FAQs).
On January 24, 2023, the City Council was provided an update on the antique streetlight project, which included testimony and recommendations of the Ad-Hoc Panel. After debate, the City Council directed staff to re-evaluate the project, meet with the City’s consultants and past bidders, look at timelines, and come back to the City Council with possible options moving forward.
DISCUSSION
Brief Project History
The Antique Streetlight System was originally installed in two phases (1911 and 1914) and is located near/around the Glendora Village. It consists of copper and steel poles with two different types of fixtures, operating on high voltage with no equipment grounding. With time, the conduit, where present, corroded, and the lead wiring fused together. As the system deteriorated, it became increasingly difficult to maintain, and was shut down by the City in 2004 due to unsafe conditions. Since that time, various discussions and actions have taken place around the potential to retrofit and upgrade the system to make it operational again, including holding balloting processes in an attempt to create an antique streetlight assessment district on three separate occasions; the most recent ballot attempt was in 2008.
Given the desire to again explore the potential retrofit and upgrade of the system, background discussions around the antique streetlights continued and at the January 28, 2020 meeting, the City Council voted to approve sending a letter to Senator Portantino requesting an appropriation in the State of California’s budget to help cover the cost of retrofitting the City’s antique street lights in the amount of $1,500,000; staff estimated at that time that project costs would be up to $2.5 million.
The project was officially added to the City’s CIP as part of the adoption of the FY 2021/23 Two-Year Budget at the June 16, 2021 City Council meeting. An initial allocation of $50,000 was programmed in FY 2022/23, with $70,000 (unfunded) proposed for FY2023/24, $1,065,000 (unfunded) proposed for FY2024/25, and $790,000 (unfunded) proposed for FY2025/26, for a total of $1,975,000 ($1,925,000 was Item #17. Page 3
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unfunded). The intention of the initial budget amounts was to prepare preliminary designs and estimates which would better inform actual probable construction costs in later years. With a two-year budget, only the first two years of the CIP are funded; everything after that are unfunded amounts based on anticipated costs. As funding becomes available, the City Council will allocate additional funding to projects during the budget processes based on priority.
On June 29, 2021, Senator Portantino’s office announced that his $1,500,000 budget request for the City of Glendora antique streetlights had been approved by the State legislature as part of the FY 2021/22 State Budget. Given this, Glendora CIP funds were reassigned between the Antique Streetlight Project and other existing CIP projects so that preliminary work could begin during FY 2021/22 rather than waiting until FY 2022/23; an agreement was subsequently awarded to JMDiaz, Inc. to provide initial design services, including 65% complete design plans, and a preliminary total project cost estimate based upon those plans. Funding programmed in future years remained unfunded.
After review and revision, the estimated total costs to finalize the project would be $2,692,990 based on the 65% complete design plans. This would include finalizing design and upgrading the system with contracted construction management. Following completion of the 100% design plans, the project estimate was revised to $2,277,605 given the more complete understanding of the project. This total included costs would be incurred to conduct a balloting proceeding to establish an antique streetlight assessment district, the success of which would be necessary to offset associated administrative and operational maintenance and repair costs in future years.
Project Bid
The City entered into a contract with JMDiaz, Inc. to prepare plans, specifications, and estimates (PSE) for refurbishing and/or replacing the 113 antique streetlights. The construction bid package was publicly advertised beginning on October 6, 2022, with a bid opening date of October 25, 2022. As was requested by the ad-hoc panel, the format of the bid allowed for alternates for certain items, such as trenching in the street as opposed to the right-of-way and prioritizing refurbishment over new lights.
Staff intended to review the options with the Ad-Hoc Panel following the bid opening to determine how they recommended proceeding to construction and how that compared to the recommendations of City Staff. The bid amount would also be used to calculate the estimated annual assessment that would be levied through the establishment of a streetlighting assessment district, and help inform public outreach efforts to better understand what property owners would be willing to be assessed. Unfortunately, no responsive bids were received by the bid opening date.
City staff subsequently contacted the contractors and subcontractors that viewed the construction bid package to discuss why bid responses were not submitted. Several parties indicated that the City’s solicitation coincided with a larger Caltrans project solicitation, which garnered most of the attention and allocation of resources. City staff determined that the best course of action was to repost the construction bid package a second time, after the Caltrans solicitation closed, in order to allow contractors and subcontractors sufficient time to prepare bid responses. In addition, City Staff also proactively reached out to several contractors, subcontractors, and professional association groups to make them aware of the City’s solicitation to generate broader interest in the project, something that was encouraged by the City Council and Ad-Hoc Panel members. The second bid period began on November 7, 2022, with a bid opening date of December 8, 2022.
The City received one bid, with construction costs estimated in the range of $3.6 to $3.9 million (depending on the options selected), which would bring total project costs to $4.17 million to $4.52 million; the City’s engineering estimate was $2.27 million to $2.4 million. With project funding of $1.63 million, the project shortfalls were between $2.55 million and $2.89 million. Differences in the City’s projected costs and the bids were primarily attributable to significant increases in the cost of materials, including the lights themselves. For this second bid opportunity, 12 firms reviewed the bid package, but only one bid was submitted. Unfortunately, a lack of interest in smaller projects in lieu of larger projects (e.g. Caltrans fiber) and inflationary impacts currently being experienced across the nation in construction (and other areas), Item #17. Page 4
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significantly impacted the City’s initial estimates from the year before.
Ad-Hoc Panel Recommendations and City Council Direction At the January 24, 2023 City Council meeting, the Ad-Hoc Panel provided its recommendations to the City Council, based on its understanding of the support that exists within the proposed assessment district area for this project. Based on this assessment, the Ad Hoc Panel recommended:
To move forward with this project, make up the funding gap (estimated at $1,969,145 – $2,282,995 depending on the option selected), and initiate the balloting process; If the City Council chose not to fill the funding gap, delay the balloting process, and direct staff to pursue additional grant funding opportunities;
Refurbish the antique streetlights where possible;
Form a renewed Ad-Hoc Panel to move into the next phase, in collaboration with the Glendora Historic Society and City Public Works to continue efforts around public outreach, firm up additional details and generally remain a conduit for the residents to speak into as the project moves on to balloting;
Dismiss current bid or seek additional bids and allow for the Ad-Hoc Panel to establish a bid Task Force to aid City Public Works wherever possible in the efforts put forth to solicit bids and research where to cap the annual cost escalator. This Task Force should also form recommendations for best practices and policy recommendations to maintain proper maintenance and avoid shortfalls together with City Public Works.
-
Following a robust discussion – that included the recommendations presented by the Ad-Hoc Panel and information contained in the staff report, consideration of funding sources/opposition to using general funds, the bidding process, outreach to consultants – the City Council directed staff to:
Develop build/no-build options for the City Council to consider; Investigate potential phasing of the project, based on the availability of funding; Solicit input from the responsive bidder as well as other industry professionals on this project; Investigate establishing an assessment district with a not to exceed assessment of $200 per year; and
Continue Ad Hoc Panel involvement until a decision has been made.
City Staff Project Analysis and Bid Negotiation
Notwithstanding the current market conditions in which the City has seen a substantial increase in cost for materials and supplies related to its capital projects, the timing of this project coincided with a significantly larger solicitation by Caltrans for fiber installation throughout the State. This had the effect of limiting the pool of interested contractors, impacted materials pricing, and curtailed the availability of equipment needed to complete this project. City staff have re-evaluated and re-examined this project in this context and the direction provided by the City Council.
City staff began with a conversation with the engineering team involved in the preparation of the plans, to ask questions and tap into their expertise to gain a better understanding for the project given the bid solicitation. Based on the feedback received, the bid proposal issued by the City would have benefitted from a greater level of clarity related to the refurbishment or replacement of the streetlights. Simply, given Item #17. Page 5
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the variable condition of each streetlight, estimating the cost to refurbish all streetlights would be difficult to determine without inspecting each one individually (the preliminary assessment prepared by JMD estimated more than one-third of the streetlights could be beyond refurbishment); this results in a degree of uncertainty and likely led to increased cost estimates to account for that uncertainty. By comparison, replacing the streetlights with new poles and light fixtures would have provided more certainty. New streetlights would be made of a composite material and would replicate the appearance of the City’s antique streetlights, like those currently located in the Glendora Village. City staff engaged a streetlight manufacturer identified by JMD and solicited a proposal to help lower costs; under this scenario the City would place the order and store the new streetlights at the City Yard. The proposal received generates savings to the project.
City staff next met with the responsive bidder. Collectively, the bid proposal was reviewed and discussed line item by line item to make sure that what was stated in the bid solicitation was clearly understood.
More importantly, the meeting provided an opportunity to have an open conversation on how the project could be completed for less, by tapping their industry expertise. The responsive bidder suggested several adjustments to make that would generate savings to the project:
Extending the construction timeline allows the bidder the flexibility to alter the number of workers assigned to the project at any given time.
Trench adjacent to the curb, where possible, rather than in the landscaped parkway; the trenching would be narrower than initially proposed, as a bid alternate, in the street. Abandon much of the existing infrastructure in place (i.e., wiring, concrete bases), and City staff could remove the existing streetlight poles and lights.
Based on these changes, staff worked with the bidder on a new estimate of $2.73 million, which is approximately $870,000 to $1.2 million less than the low and high bid amounts. If the City Council moves forward, staff will continue to work on further reducing the City’s overall cost subsidy.
Estimated Annual Assessment (303 Parcels/327 EBUs)
Based on conversations with Willdan Financial Services, the City’s assessment district engineer, it is possible for the City to propose annual rates that meet the recommendations of the Ad-Hoc Panel.
However, in order to achieve those totals, the City would need to provide a 30-year loan for the project shortfall at 0% interest. This is in addition to the additional capital contribution and additional City Staff work outlined above. The result would be projected assessments of:
Year 1: $132.37
o With estimated construction to last 6 months, the first year would require less electrical costs and system maintenance.
Year 2: $196.06 (estimate)
Year(s) 3+ would be increased by CPI.
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A full breakdown of the estimated assessment calculation can be found below:
Antique Streetlighting Assessment District No. 2
YEAR 1 YEAR 2
DIRECT COSTS
Streetlight Maintenance (Energy) $ 14,034.60 $ 28,911.28 Total Direct Cost $ 14,034.60 $ 28,911.28
ADMINISTRATION
District Administration
Professional Services (Willdan) $ 2,500.00 $ 2,500.00
City Services $ 1,000.00 $ 1,000.00
County Administration Fee $ 125.75 $ 125.75
Total Administration $ 3,625.75 $ 3,625.75
TOTAL DIRECT COSTS & ADMINISTRATION
EXPENSES $ 17,660.35 $ 32,537.03
Incidental Expenses
Operational Reserve Collection $ 3,508.65 $ 7,227.82
Streetlight Capital (CIP) $ 2,806.92 $ 5,782.26
Rehabilitation/Renovation Loan (1) $ 20,015.78 $ 20,015.78 Total Incidental $ 26,331.35 $ 33,025.86
LEVY ADJUSTMENTS
Streetlight General Benefit
Contribution $ (701.73) $ (1,445.56)
Total Levy Adjustments $ (701.73) $ (1,445.56)
BALANCE TO LEVY $ 43,289.97 $ 64,117.32
Total Parcels 305 305
Total Charged Parcels 303 303
Total EBUs 327.0332 327.0332
Maximum Assessment Rate Per EBU $132.37 $196.06
Timeline
If the City Council directs staff to move forward with the formation of an antique streetlight district, the following timeline has been provided by the City’s assessment district engineer, Willdan Financial Services:
March 28, 2023: Project Update and City Council Direct April 11, 2023: City Council Notice of Intent Agenda Item o Adopt Resolution Initiation Proceedings (for vote)
o Adopt Resolution of Intention (district formation)
o Preliminary approves engineer’s report
o Sets time and place of public hearing
April 24, 2023: Willdan begins printing ballots and notices April 27, 2023: Property owner ballots and notices mailed (45+ days prior to public hearing) o Willdan mails ballots and notice of public hearing to property owners subject to proposed assessments
Item #17. Page 7
Meeting Date: 3/28/2023 / Packet Page #: 330
Staff Report Page 8 of 10
May 23, 2023: Willdan delivers final document needed for public hearing o Final engineers report
o Resolution approving formation, engineer’s report, confirming assessment diagram and ordering the levy and collection of assessments
o Resolution declaring balloting results
June 13, 2013: Public Hearing at City Council meeting o City Council conducts public hearing; and if approved:
o City Council adopts resolution approving the engineer’s report o City Council adopts resolution confirming assessment diagram and order the levy and collection of assessments
July 14, 2023: Final day to submit requests for new district assessment account number to Los Angeles County
August 10, 2023: Los Angeles County levy submittal due date City Council Options
The City Council has two main options to consider. The first option is to move forward with the formation of an antique streetlight district. Under this option, the City Council would need to direct staff to return to City Council on April 11, 2023 with a notice of intent agenda item for the establishment of an antique streetlight assessment district (adoption of resolutions, preliminary engineers report, etc.). Under this scenario, the City Council would need to consider:
Additional capital funding for the project in the amount of $600,000 to achieve an annual cost in the amount recommended by the Ad-Hoc Panel ($132.37 in year 1 and an estimated $196.06 in year 2). CPI increases would follow in subsequent years. Additional public information efforts to be conducted (e.g., updating FAQs on the City’s website). If the vote for an assessment district fails, direct staff to remove the lights and return to City Council at a later date for a disposition process.
The second option for the City Council to consider is to not move forward with the formation of an assessment district at this time. Under this scenario, given that inflationary costs continue to remain an issue and coupled with the historical challenges of gaining community support to repair/replace the antique streetlights, it’s possible the project as proposed will not be feasible without significant capital contributions from the City. With many projects competing for the City’s discretionary capital improvement dollars - including parks, city facilities and street repairs - identifying future capital funding will be a challenge. If this scenario is selected, staff requests the City Council provide direction in the following areas:
Possibility of a revised project with select streets receiving new/refurbished lights (e.g. Glendora Avenue).
Process to remove and dispose of antique streetlights given their condition.
FISCAL IMPACT
The fiscal impact will ultimately depend on the direction received from the City Council on how to proceed.
Below is a summary of the budget projections from initiation of the current antique streetlight project through the most recent contact negotiations with PTM General Engineering Services, Inc.
Item #17. Page 8
Meeting Date: 3/28/2023 / Packet Page #: 331
Staff Report Page 9 of 10
May 2022 September 2022 December 2022 March 2023
65% Design 100% Design
100% Design
with Bid
Alternates*
Initial Bid
Initial Bid
with Alt.
(street and
refurbish)
Revised Bid
(new lights,
staff work,
trenching)
Revised Bid
w/ Estimated
Actuals
CONSTRUCTION
Cost Estimate $1,902,300 $1,870,550 $1,373,450 $3,599,095 $3,912,945 $2,730,378 $2,730,378 Contingency (5%) $- $ - $- $ - $- $136,519 $136,519
Contingency (10%) $- $187,055 $137,345 $359,910 $391,295 $- $- Contingency (30%) $570,690 $- $- $- $- $ - $-
Cost Estimate Total $2,472,990 $2,057,605 $1,510,795 +
Refurb. $3,959,005 $4,304,240 $2,866,897 $2,866,897
OTHER EXPENSES
Final Design $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $50,000 Construction
Management $140,000 $140,000 $140,000 $140,000 $140,000 $140,000 $20,500 Antique Street Light
Assessment District $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 Subtotal $200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $100,500 Contingency (10%) $20,000 $20,000 $20,000 $ 20,000 $20,000 $20,000 $ - Total $220,000 $220,000 $220,000 $220,000 $220,000 $220,000 $100,500 TOTALS
Grand Total $2,692,990 $2,277,605 $1,730,795 +
Refurb. $4,179,005 $4,524,240 $3,086,897 $2,967,397
Available Funding $1,629,950 $1,629,950 $1,629,950 $1,629,950 $1,629,950 $1,629,950 $1,629,950 Net Difference $(1,063,040) $ (647,655) UNKNOWN $(2,549,055) $(2,894,290) $(1,456,947) $ (1,337,447) Funding Gap, Less Contingency (1,200,928)
To keep the potential annual assessment as low as possible, the funding gap, less a contingency would need to be split between additional City funding and a project loan to the assessment district. Specifically, an additional budget allocation from the City’s discretional CIP fund (321) would be needed in the amount of $600,000. Additionally, staffing resources would be needed for the removal of existing streetlights and overall project management. Time spent in these areas would take away from other work to avoid increased overtime costs. Given that the timeline for the project could be six months, staff is confident that work needed can be managed efficiently. Finally, as mentioned above, the City Council would need to provide an additional budget allocation in the form of a 30-year loan at 0% interest for the project shortfall of approximately $600,000 from CIP Fund (321) which receives it’s funding from the General Fund.
ENVIRONMENTAL DETERMINATION
Not applicable.
Prepared By Adam Raymond, City Manager
Concurs With Not Applicable
Reviewed By Not Applicable
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
Item #17. Page 9
Meeting Date: 3/28/2023 / Packet Page #: 332
Staff Report Page 10 of 10
ATTACHMENT:
A. Presentation
Item #17. Page 10
Meeting Date: 3/28/2023 / Packet Page #: 333
Antique Streetlight Project:
Status Update
City Council
March 28, 2023
City Manager’s Office
CityOfGlendora.org
Item #17. Page 11
Meeting Date: 3/28/2023 / Packet Page #: 334
2 Antique streetlights
were installed in two
phases; 1911 and
1914
System was shut
down in 2004 due to
safety concerns
Previous antique
streetlights were
removed and
replaced along
Foothill and Glendora
Avenues
Approximately 115
antique streetlights
remain
Item #17. Page 12
Meeting Date: 3/28/2023 / Packet Page #: 335
3 BRIEF LEGISLATIVE HISTORY / PREVIOUS ACTIONS
• The City of Glendora established its first Landscape and Streetlight Maintenance District in 1976.
• November 1996: California voters approved Proposition 218, which establishes procedural requirements for the formation and administration of assessment districts.
It also requires the City to ballot affected property owners to obtain consent and sets parameters for increases, (e.g. CPI increases).
• 2004, 2007, and 2008: Various assessments and balloting efforts failed to revive the antique streetlight district.
• January 2020: Renewed interest in re-establishing an antique streetlight district to replace or retrofit the antique streetlight system.
Item #17. Page 13
Meeting Date: 3/28/2023 / Packet Page #: 336
4 BRIEF LEGISLATIVE HISTORY / PREVIOUS ACTIONS
• Late 2021: The City received notice that $1,500,000 was approved in the State budget for the antique streetlight system. This was based on a request to California State Senator Anthony J. Portantino earlier that year.
• May 2022: City Council direction to create ad-hoc process, appropriation to engage engineering firm to discuss district creation and develop estimates. • June 2022: Approved creation of Ad-Hoc Antique Streetlight Citizen’s Advisory Panel. • August 2022: City Council appointed members to the Ad-Hoc Panel, directed that one seat be open for the Glendora Historical Society.
• January 2023: Ad-Hoc Panel reports on recommendations to City Council, and the City Council provides staff additional direction.
Item #17. Page 14
Meeting Date: 3/28/2023 / Packet Page #: 337
5 AD-HOC PANEL
• Antique Streetlight Citizen’s Advisory Panel met on six occasions:
Meeting Date Topics Discussed
September 8 ● Discuss nomination for Vice Chair
● Antique streetlight history/background
● Panel goals and deadlines
● Initial questions and comments from Panel
September 29 ● Conduct nominations for Ad-Hoc Panel Vice Chair ● Glendora Antique Streetlight History 101 Presentation ● Discuss meeting schedule
October 20 ● List of properties within proposed antique streetlight assessment district ● Construction plan bid process and timeline
● Public outreach plan kick-off, frequently asked questions (FAQs), review draft antique streetlight onepage informational handout November 10 ● Willdan presentation: assessment process
● Construction bid update
● Public outreach plan, antique streetlight one-page informational handout, sample A-frame/yard and/or lamppost signage
December 1 ● Public outreach efforts
● Determine Ad-Hoc Panel report
December 21 ● Willdan presentation: assessment process and estimates ● Determine Ad-Hoc Panel report and recommendation
● Public outreach efforts
Item #17. Page 15
Meeting Date: 3/28/2023 / Packet Page #: 338
6 PUBLIC OUTREACH
• Antique Streetlight Webpage
• Frequently Asked Questions (FAQs)
• Informational Handouts Created and Delivered to
Residents
• Informational Yard Signs
• Information Table at Holiday Stroll and Tree
Lighting Event
Item #17. Page 16
Meeting Date: 3/28/2023 / Packet Page #: 339
7 AD-HOC INSIGHTS
• Overwhelming positivity and passion in relation to antique streetlights from residents in the proposed assessment district and outside. • Safety and Security.
• Initial feedback on annual assessment, acceptable within a $100-200 range. • Prioritize refurbishment over new.
• Move forward with an assessment district with the City funding project shortfalls.
• Look at alternatives, including phasing and grant funding. • Rebid project to see if a lower cost can be achieved.
Item #17. Page 17
Meeting Date: 3/28/2023 / Packet Page #: 340
8 CITY COUNCIL DIRECTION
• Develop build/no-build options for the City Council to consider. • Investigate potential phasing of the project, based on the availability of funding.
• Solicit input from the responsive bidder as well as other industry professionals on this project.
• Investigate establishing an assessment district with a not to exceed assessment of $200 per year.
• Continue moving forward with consultants until a decision has been made.
Item #17. Page 18
Meeting Date: 3/28/2023 / Packet Page #: 341
9 STAFF PROJECT ANALYSIS AND BID NEGOTIATION
• Current market conditions have resulted in substantial increases in cost for materials and supplies related to its capital projects • Timing of the antique streetlight project coincided with a significantly larger solicitation by Caltrans for fiber installation throughout the State. o Limited the pool of interested contractors, impacted materials pricing, and curtailed the availability of equipment needed to complete this project.
Item #17. Page 19
Meeting Date: 3/28/2023 / Packet Page #: 342
10 STAFF PROJECT ANALYSIS AND BID NEGOTIATION
• Regrouped with engineering team (JMD and City staff). • The bid proposal issued by the City would have benefitted from a greater level of clarity related to the refurbishment or replacement of the streetlights.
o Variable condition of each streetlight, estimating the cost to refurbish all streetlights would be difficult; over 1/3 are not salvageable.
Item #17. Page 20
Meeting Date: 3/28/2023 / Packet Page #: 343
11 STAFF PROJECT ANALYSIS AND BID NEGOTIATION
• Replacing the streetlights with new poles and light fixtures would have provided more certainty.
o New streetlights would be made of a composite material and would replicate the appearance of the City’s antique streetlights (e.g. Village antique streetlights).
o City staff engaged a streetlight manufacturer identified by JMD and solicited a proposal to help lower costs; under this scenario the City would place the order and store the new streetlights at the City Yard.
The proposal received generates savings to the project.
Item #17. Page 21
Meeting Date: 3/28/2023 / Packet Page #: 344
12 STAFF PROJECT ANALYSIS AND BID NEGOTIATION
• Staff met with the responsive bidder, PTM General Engineering Services, Inc.
o Bid proposal was reviewed and discussed line item by line item to make sure that what was stated in the bid solicitation was clearly understood.
o Opportunity to have an open conversation on how the project could be completed for less
Item #17. Page 22
Meeting Date: 3/28/2023 / Packet Page #: 345
13 STAFF PROJECT ANALYSIS AND BID NEGOTIATION
• PTM General Engineering Services, Inc. suggest several adjustments to generate savings:
o Extend the construction timeline allows the bidder the flexibility to alter the number of workers assigned to the project at any given time. o Trench adjacent to the curb, where possible, rather than in the landscaped parkway; the trenching would be narrower than initially proposed, as a bid alternate, in the street.
o Abandon much of the existing infrastructure in place (i.e., wiring, concrete bases), and City staff could remove the existing streetlight poles and lights.
Item #17. Page 23
Meeting Date: 3/28/2023 / Packet Page #: 346
14 PROJECT BUDGET AND BIDDING
• May 2022 Engineer’s Estimate (65% drawings)
• September 2022 Engineer’s Estimate: (100% drawings):
• October 2022: Bid Period (#1):
o No responsive bids were received
• November to December 2022: Bid Period (#2):
o One bid received
• March 2023: Re-negation with one bidder: March 2023
Item #17. Page 24
Meeting Date: 3/28/2023 / Packet Page #: 347
15 Funding gap, less
contingency, is
approximately $1.2
million
Cost reductions are
contingent up use of
additional City
resources for removal
of existing posts and
project management.
Projections include
new, not refurbished
antique streetlights.
Item #17. Page 25
Meeting Date: 3/28/2023 / Packet Page #: 348
16 Key Assumptions:
- Adopt a maximum levy in
Year 1 for an amount not to
exceed $195/year plus CPI
increases
- Project will be underway for
the first six months of Year 1
- Actual amount assessed can
be under allowable maximum
- Both Year 1 and 2 are
projected to be under
$200/year
- Would require additional City
contribution of $600,000
- Assumes a 30-year loan of
$600,000 at 0%
Item #17. Page 26
Meeting Date: 3/28/2023 / Packet Page #: 349
17 TIMELINE
March 28, 2023: Project Update and City Council Direction April 11, 2023: City Council Notice of Intent Agenda Item o Adopt Resolution Initiation Proceedings (for vote)
o Adopt Resolution of Intention (district formation)
o Preliminary approves engineer’s report
o Sets time and place of public hearing
April 24, 2023: Willdan begins printing ballots and notices April 27, 2023: Property owner ballots and notices mailed (45+ days prior to public hearing)
o Willdan mails ballots and notice of public hearing to property owners subject to proposed assessments
Item #17. Page 27
Meeting Date: 3/28/2023 / Packet Page #: 350
18 TIMELINE
May 23, 2023: Willdan delivers final documents needed for public hearing o Final engineers report
o Resolutions
June 13, 2013: Public Hearing at City Council meeting o City Council conducts public hearing; and if approved:
o City Council adopts resolution approving the engineer’s report o City Council adopts resolution confirming assessment diagram and order the levy and collection of assessments
July 14, 2023: Final day to submit requests for new district assessment account number to Los Angeles County
August 10, 2023: Los Angeles County levy submittal due date Item #17. Page 28
Meeting Date: 3/28/2023 / Packet Page #: 351
19 CITY COUNCIL OPTIONS
1. Move forward with the formation of an antique streetlight district • Direct staff to return to City Council on April 11, 2023 with a notice of intent agenda item for the establishment of an antique streetlight assessment district • City Council would need to consider:
o Additional capital funding for the project in the amount of $600,000. o Additional public information efforts to be conducted (e.g. updating FAQs on City’s website).
o If the vote for an assessment district fails, direct staff to remove the lights and return to City Council at a later date for a disposition process.
Item #17. Page 29
Meeting Date: 3/28/2023 / Packet Page #: 352
20 CITY COUNCIL OPTIONS
2. Do not move forward with the formation of an assessment district. • Rising costs and the historical challenges of gaining community support to repair/replace the antique streetlights may require significant capital contributions from the City.
o Many projects compete for the City’s discretionary capital improvement dollars - including parks, city facilities and street repairs. • City Council direction would be needed to:
o Determine if a revised project with select streets receiving new/refurbished lights is of interest (e.g. Glendora Avenue).
o Determine a process to remove and dispose of antique streetlights given their condition.
Item #17. Page 30
Meeting Date: 3/28/2023 / Packet Page #: 353
21 RECOMMENDATION(S)
That the City Council:
1. Receives an update on the Antique Street Light
project; and
1. Provide direction to City Staff.
Item #17. Page 31
Meeting Date: 3/28/2023 / Packet Page #: 354
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MARCH 28, 2023
FROM: FINANCE DISTRICT(S): CITYWIDE
SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2022
RECOMMENDATION
That the City/Agency Council:
1. Receive and file the Annual Comprehensive Financial Report for fiscal year ending June 30, 2022.
EXECUTIVE SUMMARY
The Annual Comprehensive Financial Report (ACFR) is an extensive report summarizing the financial activities of the City for the fiscal year from July 1, 2021 to June 30, 2022. Badawi & Associates has completed an independent audit and issued an unmodified (“clean”) opinion on the financial statements.
This is the best opinion the City can receive from its auditors. Specifically, an unmodified opinion means as a result of their examination, testing and audit procedures, Badawi & Associates concluded the financial statements fairly present the financial position of the City.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Glendora Municipal Code 2.20.030, stipulates that Finance shall prepare and present to the City Council an annual statement or report in sufficient detail to show the financial condition of the City.
DISCUSSION
The ACFR is prepared in compliance with the Governmental Accounting Standards Board (GASB) standards. Pursuant to GASB guidelines, the City’s ACFR is divided into three sections: Introductory, Financial and Statistical.
The Introductory Section provides a brief overview of the City, economic outlook, operational controls and major initiatives. It also includes the GFOA Certificate of Achievement for Excellence in Financial Reporting for fiscal year ended June 30, 2022. The City has consistently received this certificate. The ACFR for the fiscal year ended June 30, 2022 was submitted to GFOA in March 2023 with approved extensions due to extenuating circumstances, such as contracting with a new audit firm and staff vacancies. However, there is an expectation of receiving the award again.
The Financial Section, which will be the primary point of discussion in this report, includes the independent auditors’ opinion letter, Management’s Discussion and Analysis (MD&A), and the Basic Financial Statements. The Management’s Discussion and Analysis (MD&A) provides a narrative of how the financial report is presented and key highlights of some of the changes in our financial position. The MD&A provides tables showing comparative information from fiscal year ended June 30, 2021 to the fiscal year ended June 30, 2022.
The Financial Section includes multiple financial statement formats, starting with the Government-Wide Financial Statements, Fund Financial Statements and Combining & Individual Fund Statements. The Government-Wide Financial Statements are intended to communicate the financial condition of the City in Item #18. Page 1
Meeting Date: 3/28/2023 / Packet Page #: 355
Staff Report Page 2 of 3
a manner similar to private sector reporting. The Fund Financial Statements and the Combining & Individual Fund Statements relate more closely to the budget document and the day-to-day management of the City’s resources. Below are highlights from the financial reports.
Government-Wide Financial Statement Highlights
In 2021, the Net Position was $172.8 million and at the end of FY 2022 the Net Position is $217.3 million.
This is an increase in Net Position of $44.5 million as shown below. The change in Net Position based on the 2022 activity is an increase of $39.4 million for Governmental Activities and an increase of $5.1 million for Business-Type Activities. This is primarily due to the CalPERS actuarial evaluation measured for FY2022. CalPERS investments performed favorably during the measurement year creating a pension asset and creating negative pension expense.
Governmental Fund Highlights
Governmental Funds include the General Fund, Special Revenue Funds, Capital Project Funds, and Debt Service Funds. The Net Change in Fund Balances for the General Fund for the fiscal year was an increase of $2,713,980 after applying the reserve policy transfers, which maintained a contingency reserve balance of $14.3 million.
General fund revenues came in better than budgeted in all revenue sources except Use of Money and Property. This is due to the recording of a loss on a fair market value calculation of the City’s cash and investments due to GASB 31 requirements. Taxes performed well due to the Sales and Measure E transaction and use tax. Property tax revenues increased slightly relating to the steady rising home values within the City. License and Permits exceeded budget by $0.2 million due to an increase in building and plan checks issued. Charges for Services exceeded budgets by $0.4 million due to increased revenue in contract classes and activities. Other revenues were generally in-line with the budgeted amounts.
The transfers out from the General Fund were done in accordance with the reserve policy that was adopted in June 2020. The committed fund balance: emergency contingency reserve was established at a maximum of 45% of prior year operating General Fund expenditures and the amounts in excess of 45% at year end were transferred per the policy to the Capital Projects Fund ($2.6 million), Pension Stabilization Fund ($1.6 million) and any deficit internal service fund. In this case, $1.1 million was transferred to the General Liability Fund. The Pension Stabilization Fund is combined with the General Fund for financial statement presentation purposes. At June 30, 2022, the General Fund Committed Contingencies Reserve is $14.3 million. This reserve is critical for emergencies and is relied upon for cash flow needs during the year, in particular during the first six months of the fiscal year before property tax revenues are received.
Business Type Activities/Proprietary Funds Highlights
Proprietary Funds include the Water funds, and the Internal Service Funds. The major fund is the Water Funds, both operations and capital.
The change in net position represents revenues that exceed expenditures. Per the rate study, these funds are designated for capital projects in the new budget year and to maintain reserves per the Water reserve policy. The net investment in capital assets is the value of the assets net of the outstanding debt. Net investment in capital assets increased by $1.7 million during this fiscal year primarily due to the City purchasing a parcel of land. These funds are not spendable. Of the Internal Service Funds, the Worker’s Compensation ended the year with a deficit net position. For the Worker’s Compensation Fund the deficit is comprised of the actuarially estimated liability of open claims and judgments both reported and those incurred but not reported (IBNR). By its nature the IBNR calculation fluctuates from year to year. It is important to note the current cash balance of $2.4 million is sufficient for the annual operating cash flow needs, which is in addition to the monthly charges for services to the respective departments. Per the General Fund reserve policy, this year, the General Liability Fund received a transfer of $1.1 million.
Although the General Liability Fund did not end the year with a deficit net position, the transfer was to mitigate ending the year in a deficit and to cover the FY23 operating budget.
Fiduciary Funds Highlights
Fiduciary Funds include Successor Agency Funds. The Successor Agency Funds are used primarily for Item #18. Page 2
Meeting Date: 3/28/2023 / Packet Page #: 356
Staff Report Page 3 of 3
debt service.
The Statistical Section is the last section of the ACFR. The Statistical Section includes data useful in analyzing the City’s financial and operational history for comparative purposes. Some of the financial statistics tracked include financial trends, revenue capacity, and debt capacity, which are useful for evaluating the City’s financial stability. There are also demographic/economic information and operating indicators which allow the reader to understand the environment and how the financial report relates to the services provided by the City.
At the City Council meeting, representatives from the CPA firm of Badawi & Associates, will be available to answer questions, discuss the audit opinion letter and/or the audit process.
FISCAL IMPACT
There is no fiscal impact associated with the result of the recommendations.
ENVIRONMENTAL DETERMINATION
Not applicable.
Prepared By Brittany Aguilar, Accounting Manager
Concurs With Not Applicable
Reviewed By Kyle Johnson, Assistant Director - Finance
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. ACFR FY2022
B. Presentation
Item #18. Page 3
Meeting Date: 3/28/2023 / Packet Page #: 357
Item #18. Page 4
Meeting Date: 3/28/2023 / Packet Page #: 358
Glendora, California
Annual Comprehensive Financial Report
For the year ended June 30, 2022
Prepared by:
Financ
Item #18. Page 5
Meeting Date: 3/28/2023 / Packet Page #: 359
Item #18. Page 6
Meeting Date: 3/28/2023 / Packet Page #: 360
City of Glendora
Annual Comprehensive Financial Report
For the year ended June 30, 2022
Table of Contents
Page
i
INTRODUCTORY SECTION
Table of Contents ............................................................................................................................................................ i Letter of Transmittal ...................................................................................................................................................... v Elected and Appointed Officials ................................................................................................................................. xi City-Wide Organizational Chart ............................................................................................................................... xii GFOA Certificate of Achievement for Excellence in Financial Reporting ......................................................... xiii
FINANCIAL SECTION
Independent Auditors’ Report ................................................................................................................................... 1 Management’s Discussion and Analysis .................................................................................................................. 5 Basic Financial Statements:
Government-Wide Financial Statements:
Statement of Net Position ..................................................................................................................................... 23 Statement of Activities .......................................................................................................................................... 25 Fund Financial Statements:
Governmental Fund Financial Statements:
Balance Sheet ...................................................................................................................................................... 31 Reconciliation of the Governmental Funds Balance Sheet
to the Government-Wide Statement of Net Position ................................................................................. 33 Statement of Revenues, Expenditures and
Changes in Fund Balances ............................................................................................................................. 34 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and changes in Fund Balances to the Government-Wide Statement of Activities ................................................................................................................................... 35 Proprietary Fund Financial Statements:
Statement of Net Position ................................................................................................................................. 37 Statement of Revenues, Expenses and Changes in Net Position ................................................................ 38 Statement of Cash Flows ................................................................................................................................... 39 Fiduciary Fund Financial Statements:
Statement of Fiduciary Net Position................................................................................................................ 41 Statement of Changes in Fiduciary Net Position ........................................................................................... 42 Notes to the Basic Financial Statements ................................................................................................................ 47 Item #18. Page 7
Meeting Date: 3/28/2023 / Packet Page #: 361
City of Glendora
Annual Comprehensive Financial Report
For the year ended June 30, 2022
Table of Contents
Page
ii
FINANCIAL SECTION (Continued)
Required Supplementary Information:
Statements of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual:
General Fund .................................................................................................................................................... 101 American Rescue Plan Act Fund ................................................................................................................... 102 Defined Benefit Pension Plans:
Miscellaneous Plan
Schedule of the Changes in the Net Pension Liability and Related Ratios – Last 10 Years ................... 104 Schedule of Pension Plan Contributions – Last 10 Years ........................................................................... 106 Safety Plan
Schedule of the City’s Proportionate Share of the Net Pension Liability and Related Ratios – Last 10 Years ............................................................................................. 108 Schedule of Pension Plan Contributions – Last 10 Years ........................................................................... 110 Other Post Employment Benefit Plan:
Schedule of Changes in OPEB Liability and Related Ratios – Last 10 Years ........................................... 112 Supplementary Information:
Statements of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual:
City Capital Projects Fund .............................................................................................................................. 115 Nonmajor Governmental Funds:
Combining Balance Sheet ............................................................................................................................... 120 Combining Statement of Revenues, Expenditures and Changes in Fund Balances ............................... 130 Statements of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual:
Special Assessments Special Revenue Fund ............................................................................................. 140 Gas Tax and TDA Special Revenue Fund ................................................................................................. 141 Parks Development Special Revenue Fund .............................................................................................. 142 Grants Special Revenue Fund ..................................................................................................................... 143 Asset Forfeiture Special Revenue Fund ..................................................................................................... 144 Transit Tax Local Prop A Special Revenue Fund ..................................................................................... 145 Supplemental Law Enforcement Services Special Revenue Fund ......................................................... 146 Transit Tax Local Prop C Special Revenue Fund ..................................................................................... 147 Housing and Community Development Act Special Revenue Fund ................................................... 148 Used Oil Block Grant Special Revenue Fund ........................................................................................... 149 Air Quality Special Revenue Fund ............................................................................................................. 150 Prop A Operations Special Revenue Fund ................................................................................................ 151 Item #18. Page 8
Meeting Date: 3/28/2023 / Packet Page #: 362
City of Glendora
Annual Comprehensive Financial Report
For the year ended June 30, 2022
Table of Contents
Page
iii
FINANCIAL SECTION (Continued)
Supplementary Information (Continued):
Nonmajor Governmental Funds (Continued):
Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual (Continued) Affordable Housing Special Revenue Fund ................................................................................................. 152 CAL Home Prop 1C Special Revenue Fund ................................................................................................. 153 Proposition 1B Local Streets Special Revenue Fund ................................................................................... 154 Surface Transportation Program Special Revenue Fund ........................................................................... 155 PEG Cable TV Special Revenue Fund ........................................................................................................... 156 Measure R Special Revenue Fund ................................................................................................................. 157 Beverage Recycling Grant Special Revenue Fund ....................................................................................... 158 Library Grant Special Revenue Fund ............................................................................................................ 159 Glendora Village Business Improvements District (BID) Special Revenue Fund .................................. 160 Step OTS Grant Special Revenue Fund ......................................................................................................... 161 Plan Maintenance Fees Special Revenue Fund ............................................................................................ 162 Home-State Grant Special Revenue Fund .................................................................................................... 163 Housing Authority Special Revenue Fund .................................................................................................. 164 Highway Bridge Repair Special Revenue Fund .......................................................................................... 165 Measure M Special Revenue Fund ................................................................................................................ 166 Road Maintenance Rehabilitation Special Revenue Fund ......................................................................... 167 Highway Safety Improvement Program Special Revenue Fund (HSIP) ................................................. 168 Measure W Special Revenue Fund ................................................................................................................ 169 Measure H Special Revenue Fund ................................................................................................................. 170 General Plan Maintenance Fees Special Revenue Fund ............................................................................. 171 Prop 68 Parks/Water Bond Special Revenue Fund .................................................................................... 172 Stormwater Investment Special Revenue Fund ........................................................................................... 173 Energy Efficient Project Debt Service Fund .................................................................................................. 174 Pension Obligation Bonds Debt Service Fund ............................................................................................. 175 Internal Service Funds:
Combining Statement of Net Position .............................................................................................................. 178 Combining Statement of Revenues, Expenses and Changes in Net Position ............................................. 179 Combining Statement of Cash Flows ............................................................................................................... 180 Item #18. Page 9
Meeting Date: 3/28/2023 / Packet Page #: 363
City of Glendora
Annual Comprehensive Financial Report
For the year ended June 30, 2022
Table of Contents
Page
iv
STATISTICAL SECTION (Unaudited)
Description of Statistical Section Contents ......................................................................................................... 183 Financial Trends:
Net Positions by Component.......................................................................................................................... 184 Changes in Net Position .................................................................................................................................. 186 Fund Balances of Governmental Funds ........................................................................................................ 190 Changes in Fund Balances of Governmental Funds ................................................................................... 192 Revenue Capacity:
Taxable Sales by Category .............................................................................................................................. 194 Tax Revenue by Source Governmental Funds ............................................................................................. 196 Principal Sales Tax Remitters ......................................................................................................................... 197 Assessed Value and Estimated Actual Value of Taxable Property ........................................................... 199 Direct and Overlapping Property Tax Rates ................................................................................................ 200 Principal Property Taxpayers ......................................................................................................................... 202 Property Tax Levies and Collections ............................................................................................................. 203 Debt Capacity:
Ratios of Outstanding Debt by Type ............................................................................................................. 204 Ratios of Bonded Debt Outstanding .............................................................................................................. 205 Direct and Overlapping Governmental Activities Debt ............................................................................. 207 Legal Debt Margin Information ..................................................................................................................... 208 Pledged Revenue Coverage ............................................................................................................................ 210 Demographic and Economic Information:
Demographic and Economic Statistics .......................................................................................................... 211 Principal Employers ........................................................................................................................................ 213 Full-Time Equivalent City Employees by Function/Program .................................................................. 214 Operating Information:
Capital Asset Statistics by Function/Program ............................................................................................. 216 Performance Indicators ................................................................................................................................... 218 Item #18. Page 10
Meeting Date: 3/28/2023 / Packet Page #: 364
v
March 3, 2023
Honorable Mayor, City Council and Citizens of the City of Glendora:
It is a pleasure to submit the Annual Comprehensive Financial Report (ACFR) of the City of Glendora for the fiscal year ended June 30, 2022. The report and accompanying independent audit are published pursuant to State law and the requirements of Sections 2.08.070 and 2.20.030(2) of the Glendora Municipal Code. The financial statements are presented in conformity with generally accepted accounting principles (GAAP) and audited in accordance with Generally Accepted Auditing Standards (GAAS) by an independent auditing firm of licensed certified public accountants.
While traditionally addressed to the governing legislative body of the City, this report is also intended to provide relevant financial information to the citizens of the City of Glendora, City staff, creditors, investors and other concerned readers. We encourage all readers to contact the Finance Division of the Administrative Services Department with any questions or comments concerning this report.
Purpose and Management Responsibility
The report consists of management’s representations concerning the finances of the City of Glendora. Management assumes full responsibility for the completeness and reliability of all the information presented. To provide a reasonable basis for making these representations, management of the City of Glendora has established a comprehensive internal control framework designed to both protect the government’s assets from loss, theft or misuse and to compile sufficient reliable information for the preparation of the financial statements in conformity with GAAP. The cost of internal controls should not outweigh their benefits. As such, the City of Glendora’s framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatement.