Glendora City Council
May 28, 2024

Agenda and Packet Revised 5/24/2024
Agenda Changes: (Added text is indicated in bold italics, deleted text is indicated in strikethrough) Closed Session Time Change
Agenda Item No 4. Staff Report and Attachments

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MAY 28, 2024
CITY HALL COUNCIL CHAMBER 116 E. FOOTHILL BOULEVARD
As a courtesy to others attending this meeting, please turn off or place in silent mode all cell phones and other communication devices while in the Council Chamber. Thank you.

Glendora regularly scheduled public meetings are conducted utilizing a hybrid format and will take place in accordance with the requirements of the Ralph M. Brown Act. To participate virtually, download Zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/Zoom or Zoom.us/j/9329247224. The teleconferencing procedures followed relating to elected and/or appointed officials’ participation in public meetings will comply with Government Code §54953 et seq.

MAYOR/CHAIR
Mendell Thompson, District 5

MAYOR PRO TEM/VICE-CHAIR
David Fredendall, District 2

COUNCIL/COMMISSIONERS
Michael Allawos, District 1
Gary Boyer, District 3
Karen Davis, District 4

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 PM, when scheduled, and General Business Session will commence at 7:00 PM.

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 meetings are broadcast LIVE on the City Website at www.cityofglendora.org, Meetings also broadcast on Channel 3 (Spectrum) & Channel 32 (Frontier) and are replayed Thursday - Sunday the week following the meeting. Meetings are also available any time for replay through the City's webpage at
cityofglendora.org/citymeetings.

Meetings can also be viewed via the City YouTube channel at YouTube.com/cityofglendoraca.

Meeting Date: 5/28/2024 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MAY 28, 2024
CITY HALL COUNCIL CHAMBER 116 E. FOOTHILL BOULEVARD
6:0030 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY GIVEN that Closed Session business will commence at 6:0030 PM, when scheduled, and General Business Session will commence at 7:00 PM.

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 PM, when scheduled, and general business session will commence at 7:00 PM Closed Session discussions authorized by state law and allow the legislative body to consider/hear any matter which it is authorized by state law to hear or consider in closed session.

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A Closed Session will be held, pursuant to Government Code § 54956.9(c), (d)(2), and (e)(1) because a point has been reached where, in the opinion of the City Council, on the advice of the City Attorney, based on existing facts and circumstances there is a significant exposure to litigation against the City in one case, where the facts and circumstances giving rise to an exposure to litigation are believed to be unknown to the putative plaintiffs.

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

REORDERING OF AND ADDITIONS TO THE AGENDA

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

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

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

2. Public Comments received
Meeting Date: 5/28/2024 / Packet Page #: 2

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

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.

3. A Public Hearing to Consider a Resolution to Levy and Collect Assessments from Glendora Village Business Improvement District for Fiscal Year 2024-25 CITY RECOMMENDATION: Conduct a Public Hearing for the proposed levy and collection of assessments from the Glendora Village Business Improvement District, and in the absence of a majority protest; and 1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING THE LEVY

AND COLLECTION OF ASSESSMENTS FROM THE GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024-25” as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.)

4. First Reading and Introduction of an Ordinance amending section 2.40.151 of the Glendora Municipal Code and a Resolution Electing Under Public Contract Code Section 22030 to Become Subject to the Uniform Public Construction Cost Accounting Procedures CITY RECOMMENDATION: 1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2.40.1510 TO CHAPTER 2.40 “PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL,” OF THE

GLENDORA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE CONTRACTS

AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT:” and 2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA TO

BECOME SUBJECT TO THE CALIFORNIA IN THE MATTER OF UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES.”

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

5. City of Glendora and Glendora Successor Agency Investment Report for April 2024 CITY/AGENCY/AUTHORITY RECOMMENDATION: 1. Receive and file the Monthly Investment Activity Report for April 2024.

Meeting Date: 5/28/2024 / Packet Page #: 3

6. Second Reading and Adoption of Ordinance No. 2085 amending the Glendora Municipal Code to bring it into compliance with State law and streamline the construction of ADU and SB 9 Units consistent with the General Plan Housing Element (File No. PLN23-0035) CITY RECOMMENDATION: 1. Waive full reading, read by title only, and adopt on second reading Ordinance No. 2085 entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING CERTAIN SECTIONS OF TITLE 21 (ZONING) OF THE GLENDORA

MUNICIPAL CODE TO BRING IT INTO COMPLIANCE WITH STATE LAW AND STREAMLINE THE CONSTRUCTION OF ACCESSORY DWELLING UNITS AND SB 9 UNITS CONSISTENT WITH THE CITY’S 6TH RHNA CYCLE (2021-2029) GENERAL PLAN HOUSING ELEMENT (FILE NO. PLN23-0035).”

7. Consideration of Amendment No. 5 to the Agreement between Western Water Works Supply Company and the City of Glendora dated June 25, 2019, for Water Line Parts and Supplies in an amount not to exceed $250,000 per Fiscal Year
CITY RECOMMENDATION: 1. Approve Amendment No. 5 to the Agreement with Western Water Works Supply Company for the purchase of water line parts and supplies, increasing the “total compensation” to $250,000 per fiscal year beginning FY 2023/24, and extending the term of the agreement through June 30, 2025; and 2. Authorize the City Manager or his designee to execute Amendment No. 5, including minimal and/or non-substantive changes.

8. Approve a One-Year Contract Extension for the Publication and Distribution of the Recreation and Human Services Activity Guide/Glendora Report
CITY RECOMMENDATION: 1. Approve a one-year contract extension for The Sauce Creative Services Corporation for the publication, printing, and distribution of three issues of the Recreation and Human Services Department Activity Guide/Glendora report in the amount of $69,570.03 for one year.

9. Consideration of Consulting Agreements with Trussell Technologies, Inc. and J Squared Consulting, LLC for Development of a Lead Service Line Inventory in a Total Amount Not to Exceed $259,400.

CITY RECOMMENDATION: 1. Award a Consulting Agreement with Trussell Technologies, Inc. for the development of a Lead Service Line Inventory in an amount not to exceed $228,992 plus a 10% contingency of $22,899 for a total not to exceed the amount of $251,891; 2. Award a Consulting Agreement with J Squared Consulting LLC for project management services related to the development of a Lead Service Line Inventory in an amount not to exceed $7,500; 3. Authorize the City Manager or his designee to execute the agreements, including minimal and/or nonsubstantive changes; 4. Authorize a supplemental appropriation in the amount of $219,400 in Water Operations Fund 501.

MEMBER AGENDA ITEMS

10. Discussion on the City’s Publicly Accessible Electric Vehicle Chargers (Requested by Allawos and Fredendall)
CITY RECOMMENDATION: 1. Receive this report on the City’s publicly accessible electric vehicle chargers; and 2. Provide City staff with direction accordingly.

Meeting Date: 5/28/2024 / Packet Page #: 4

UNFINISHED BUSINESS

11. Consideration of Changes to the City of Glendora Public Meetings Rules and Protocols for the Conduct of Public Meetings, Proceedings and Business and the City’s Current Hybrid Meeting Model
CITY RECOMMENDATION: 1. Approve a request by the Community Services Commission to change the start time of their regularly scheduled meetings to 6:00 p.m. instead of 7:00 p.m., and the frequency in which regularly scheduled Community Services Commission meetings occur from once a month to the third Thursday of odd number months to allow more flexibility; 2.

Consider proposed changes to the City of Glendora Public Meeting Rules and Protocols and if desired, adopt a City Council Resolution amending the rules for the Conduct of Public Meetings, Proceedings and Business; and 3. Consider the City’s current hybrid model, review options, and provide direction to staff on desired changes.

12. Authorize the City Manager to Execute Contract Option 2 for Transit Operations and Maintenance Services to Transportation Concepts, Inc. for $1,870,512 Over Fiscal Year 2025 and Fiscal Year 2026
CITY RECOMMENDATION: 1. Authorize the City Manager to Execute Contract Option 2 for Transit Operations and Maintenance Services to Transportation Concepts, Inc. for $1,870,512 Over Fiscal Year 2025 and Fiscal Year 2026.

NEW BUSINESS

13. Consideration of Resolutions initiating the Tuesday, November 5, 2024 City of Glendora City Council General Municipal Election
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024,

FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF

THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND ADOPTING REGULATIONS FOR CANDIDATES PERTAINING TO CANDIDATE’S STATEMENTS SUBMITTED TO THE VOTERS”; 2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRARRECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF GLENDORA’S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024; AND REQUEST FOR CONSOLIDATION OF THE GENERAL

MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024; and 3. Direct the City Clerk to forward certified copies of said resolutions to the County Board of Supervisors and the Registrar of Voters.

14. Conduct the First reading and Introduction of an Ordinance amending section 1.12.020(B) of the Glendora Municipal Code relating to Custody and Use of the Official Seal and Other Insignia CITY RECOMMENDATION: 1. Introduce for first reading an Ordinance entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, AMENDING SECTION 1.12.020(B) OF THE GLENDORA MUNICIPAL CODE RELATING TO THE CUSTODY AND USE OF OFFICIAL CITY LOGO AND OTHER INSIGNIAS,” by reading of the title only and waiving further reading.” Meeting Date: 5/28/2024 / Packet Page #: 5

MEMBER/STAFF CLOSING COMMENTS

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

Dated: May 22, 2024
Revised: May 24, 2024 Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 5/28/2024 / Packet Page #: 6

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 28, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION TO LEVY AND COLLECT

ASSESSMENTS FROM GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024-25

RECOMMENDATION
That the City Council:

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

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

CITY OF GLENDORA, CALIFORNIA, APPROVING THE LEVY AND COLLECTION OF

ASSESSMENTS FROM THE GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024-25” as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.)

STRATEGIC FOCUS AREAS
 Goal 1: Implement Strategic Economic Development (ISED)  Goal 2: Maintain Financial Stability and Sustainability (MFSS)

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

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

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

Item #3. Page 1
Meeting Date: 5/28/2024 / Packet Page #: 7
Each year, assessments in the Business Improvement District must be renewed through a process that consists of several steps. This includes the preparation of an Annual Report which is comprised of information on the BID boundaries, assessment methodology, activities planned, and a budget. Upon approval of the Annual Report, City Council adopts a Resolution of Intent to Levy and Collect Assessments. Thereafter, two public hearings are held to ensure that affected BID businesses and members of the public are aware of the process. The Public Meeting is the first of two public hearings required prior to the final decision on the levy and collection of taxes for the BID in FY 2024-25. The Public Meeting was held on May 14, 2024.

The second Public Hearing is the last step of the process, providing a final opportunity to receive public testimony regarding the proposed assessments. At the conclusion of the Public Hearing, the City Council shall tabulate any written or verbal protests on the proposed assessments. If the assessments of those businesses submitting a protest to the proposed FY 2024-25 assessments are 50% or greater of the total proposed assessments, then the Resolution to Levy and Collect Assessments cannot be approved for the upcoming year. In the absence of a majority receipt of protest votes, City Council may adopt a Resolution approving the Levy and Collection of Assessments in FY 2024-25.

FISCAL IMPACT
The proposed FY 2024-25 operating budget is balanced with the use of undesignated fund balance in the amount of $48,750. The BID Fund Balance is projected to be approximately $117,584 at the end of FY 2023-24 and $68,834 as the end of FY 2024-25.

Amended Budget
FY 2023-24
Proposed
FY 2024-25
Beginning Fund Balance 174,250 117,584
Revenues 98,600 103,500
Expenditures 155,266 152,250
Ending Fund Balance 117,584 68,834

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

Prepared By Alycia Suniga, Management Analyst
Concurs With Matthew Klingler, Business Improvement District (BID) Advisory Board Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Marie Ricci, Deputy City Manager
Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Public Notices
B. Resolution to Levy and Collect
C. PowerPoint
Item #3. Page 2
Meeting Date: 5/28/2024 / Packet Page #: 8
San Gabriel Valley Examiner
709 E. Route 66 Ste. A
Glendora, CA 91740
626-852-3374
PAGE 1
City of Glendora
Attn: City Clerk
116 E. Foothill Blvd.

Glendora, CA 91741
(PLEASE SEE PAGE 2 FOR AD COPY)
*Ad copy is not to scale
RESOLUTION CC 2024-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DECLARING THE CITY COUNCIL’S INTENT TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2024-2025 FOR THE GLENDORA

VILLAGE BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND

PLACE FOR A PUBLIC HEARING CONCERNING THE LEVY OF THE ANNUAL

ASSESSMENTS
(GD01)

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

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

April 4, 2024
I declare under penalty of perjury that the
foregoing is true and correct.

Executed in the City of Glendora, Los Angeles
County, California
On this 4th day of April 2024.

Signature
Item #3. Page 3
Meeting Date: 5/28/2024 / Packet Page #: 9
PAGE 2
RESOLUTION CC 2024-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DECLARING THE CITY COUNCIL’S INTENT TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2024-2025 FOR THE

GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT AND SETTING A

TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE LEVY OF THE

ANNUAL ASSESSMENTS

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council has previously established the Glendora Village Business Improvement District (“District”) as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and WHEREAS, the District Board and the City Council of the City of Glendora (“City”) have determined that the Business Improvement District benefits the area within the District (the “Area” or “District Area”) by generating revenue for businesses within the Area to improve the physical and financial health of the Glendora Village, which serves as a business, social and cultural center of the City of Glendora, and thereby enhances the City’s community at large; and WHEREAS, the District Board has conducted significant outreach to member businesses to formulate a 2024-2025 work plan, budget and fee assessment schedule that would be fair, reasonable and in compliance with the Mission Statement of the Glendora Village Business Improvement District and the California Streets and Highway Code Section 36500 et. seq.; and WHEREAS, the continuation of the Glendora Village Business Improvement District and the concomitant levy of assessments will promote the economic revitalization of the downtown area of the City, create jobs, attract new businesses, and help prevent the erosion of the Downtown Village Area. In addition, the Glendora Village Business Improvement District enhances and promotes the City, culturally and commercially; and
WHEREAS, the City Council desires to conduct a formal public hearing on the District Board’s report, proposed budget and proposed assessments for the Fiscal Year 2024-2025.

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

SECTION 1. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council declares its intention to continue the Glendora Village Business Improvement District and levy and collect assessments within the District for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the District Area for the Fiscal Year 2024-2025.

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

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

SECTION 4. The City Council of the City of Glendora hereby approves the report approved by the District Board for the fiscal year 2024-2025. The proposed method and basis of levying the annual assessment for each business in the Area for the fiscal year 2024-2025 is set forth in Exhibit B attached hereto and made a part hereof. The formula consists of three elements in order to determine the total assessment a business would pay, based on the type of business, whether the business is retail/food service or other service, and the physical location of the business.

SECTION 5. The report approved by the District Board for the fiscal year 2024-2025 is on file in the City Clerk’s office and contains a full and detailed description of the improvements and activities to be provided, the boundaries of the Area, and the proposed assessments to be levied upon the businesses within the Area for the fiscal year 2024-2025.

SECTION 6. Should the proposed annual assessment for the fiscal year 2024-2025 be approved, it is the intent that all businesses located within the District Area pay their annual assessment when they obtain, renew, or change their businesses license with the City of Glendora.

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

SECTION 8. The City Council hereby sets a public meeting on May 14, 2024 at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 91741.

At that time the City Council shall allow public testimony regarding the 2024-2025 proposed work plan and proposed fiscal year 2024-2025 assessments of businesses within the Area.

SECTION 9. The City Council hereby sets a public hearing on May 28, 2024 at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 91741.

At the public hearing, the City Council shall hear and consider all protests against the establishment of the assessment or the furnishing of specified types of improvements or activities within the Area.

A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings.

A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.

Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest.

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

At the conclusion of the public hearing to establish the assessment for the fiscal year 2024-2025, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments.

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

SECTION 10. The City Clerk is hereby directed to mail a complete copy of this resolution of intention and a cover letter advising that the City Council has been requested to set the fiscal year 2024-2025 annual assessment as permitted under the California Streets and Highways Code by first-class mail to each business owner in the Area within seven days of the City Council’s adoption of this Resolution of Intention. The cover letter shall further advise that a public meeting date has been set where the City Council shall allow public testimony regarding the proposed assessments of businesses within the Area. The cover letter shall further advise that a public hearing date has been set for the City Council to hear oral and written testimony from interested parties and at the end of that public hearing the City Council shall determine if there is sufficient protests equaling 50 percent or more of the assessments proposed to be levied.

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

SECTION 12. Interested persons may contact Alycia Suniga, Management Analyst, 116 E. Foothill Blvd., Glendora CA 91741, Telephone Number 626-852-4822, to receive additional information about the assessment. Protests against the proposed assessment shall be mailed or delivered to: City Clerk, City of Glendora, 116 E. Foothill Boulevard, Glendora, California, 91741.

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

APPROVED and PASSED this 26th day of March, 2024.

City Council of Glendora, California
BY: MENDELL THOMPSON
Mayor
APPROVED AS TO FORM:

DANNY ALESHIRE
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 26th day of March, 2024, by the following vote:

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

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated: March 27, 2024
KATHLEEN R. SESSMAN
City Clerk/Communications Director
EXHIBIT A – BID AREA MAP
EXHIBIT B – FY 2024-2025 ASSESSMENT METHODOLOGY
Primary Businesses

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

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

Secondary Businesses

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

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

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

Glendora Business Improvement District
$0 – Exempt Assessment Location Map
Publish in the San Gabriel Valley Examiner on April 4, 2024. #GD01 Item #3. Page 4
Meeting Date: 5/28/2024 / Packet Page #: 10
San Gabriel Valley Examiner
709 E. Route 66 Ste. A
Glendora, CA 91740
626-852-3374
City of Glendora
Attn: City Clerk
116 E. Foothill Blvd.

Glendora, CA 91741

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

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

April 11, 18 and 25, 2024
I declare under penalty of perjury that the
foregoing is true and correct.

Executed in the City of Glendora, Los Angeles
County, California
On this 25th day of April 2024.

Signature

GLENDORA CITY COUNCIL

JOINT NOTICE
OF

PUBLIC MEETING AND PUBLIC HEARING
Notice is hereby given that the Glendora City Council has adopted a Resolution announcing intentions to levy and collect assessments for the 2024-25 Fiscal Year for the Glendora Village Business Improvement District as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.)
A public meeting and public hearing shall be held to receive public testimony regarding the proposed assessments of businesses in the area. The public meeting and public hearing shall be held in the City Council Chamber at 116 East Foothill Boulevard, Glendora, California 91741.

Public Meeting Date:

Public Hearing Date:

Environmental:

Contact Person:

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

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Publish in the San Gabriel Valley Examiner on April 11, 18 and 25, 2024. #GD02 May 14, 2024 at 7:00 p.m.

May 28, 2024 at 7:00 p.m.

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.

Alycia Suniga, Management Analyst, (626) 852-4822.

Item #3. Page 5
Meeting Date: 5/28/2024 / Packet Page #: 11
Resolution CC 2024-___ Page 1 of 6
RESOLUTION CC 2024-

A RESOLUTION OF THE CITY COUNCIL ADOPTING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024-2025

FOR THE GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT

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

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council has previously established the Glendora Village Business Improvement District (“District”) as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code §§ 36500 et seq.); and WHEREAS, the Glendora Village Business Improvement District Board of Directors and the City Council of the City of Glendora (“City”) have determined that the District benefits the area within the defined and previously established District (as shown on Exhibit “A” attached hereto, the “Area”) by generating revenue for businesses within the Area to improve the physical and financial health of the Glendora Village, which serves as a business, social and cultural center of the City of Glendora, and thereby enhances the City’s community at large; and WHEREAS, following adoption, mailing and publication of a Resolution of Intent to Levy and Collect the Assessments, the City Council held a public meeting on May 14, 2024 to allow public testimony regarding the Fiscal Year 2024-2025 proposed work plan and proposed Fiscal Year 2024-2025 assessments of businesses within the Area; and WHEREAS, the City Council held a duly noticed public hearing on May 28, 2024, and heard and considered all valid protests against the establishment of the assessment or the furnishing of specified types of improvements or activities within the Area; and WHEREAS, the written protests received from the owners of businesses in the Area totaled less than 50 percent of the assessments.

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

SECTION 1. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code §§ 36500 et seq.), the City Council hereby declares its intention to continue, as presently constituted, the Glendora Village Business Improvement District and levy and collect assessments within the District for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the Area of the District for the Fiscal Year 2024-2025.

SECTION 2. The territorial boundaries in the Area of the District are identified in the Area map attached hereto as Exhibit “A” and incorporated herein by this reference, which generally includes all businesses that abut Foothill Boulevard (north & south), east side of Vermont Avenue, south side of Bennett Avenue and the west side of Vista Bonita Avenue, and more Item #3. Page 6
Meeting Date: 5/28/2024 / Packet Page #: 12
Resolution CC 2024-___ Page 2 of 6
specifically described as: beginning at the intersection of the centerline of Bennett Avenue (80 feet wide) and the centerline of Vermont Avenue (60 feet wide); then easterly along the centerline of said Bennett Avenue to the centerline of Vista Bonita Avenue ( 60 feet wide); thence southerly along the centerline of said Vista Bonita Avenue to the centerline of Foothill Boulevard (80 feet wide); thence westerly along the centerline of said Foothill boulevard to the centerline of Glendora Avenue; thence westerly 219.88 feet; thence southerly 119.90 feet, thence westerly to the centerline of said Vermont Avenue; thence northerly along the centerline of said Vermont Avenue ending at the centerline of said Bennett Avenue. The Area map identifying the Area is also on file in the office of the City Clerk of the City.

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

SECTION 4. The City Council of the City hereby approves and authorizes the levy and collection of the assessment. The method and basis of levying the annual assessment for each business in the Area for the fiscal year 2024-2025 is set forth in Exhibit “B,” attached hereto and incorporated herein. The formula consists of several elements in order to determine the total assessment a business would pay, based on the type of business, whether the business is retail/food service or other service, and the physical location of the business.

SECTION 5. The report approved by the Glendora Village Business Improvement District Board of Directors for the fiscal year 2024-2025 is on file in the City Clerk’s office and contains a full and detailed description of the planned improvements and activities, the boundaries of the Area, and the recommended assessments to be levied upon the businesses within the Area for the fiscal year 2024-2025.

SECTION 6. All businesses located within the boundaries of the Area (unless otherwise deemed exempt as shown on Exhibit “B” attached hereto) shall pay their annual assessment when they obtain, renew or change their businesses license with the City of Glendora.

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

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

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

Item #3. Page 7
Meeting Date: 5/28/2024 / Packet Page #: 13
Resolution CC 2024-___ Page 3 of 6
APPROVED and PASSED this __ day of ____, 2024.

City Council of Glendora, CA
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney
BY:

MENDELL L. THOMPSON
Mayor

CERTIFICATION
I, 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 ______, 2024, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #3. Page 8
Meeting Date: 5/28/2024 / Packet Page #: 14
Resolution CC 2024-___ Page 4 of 6
EXHIBIT A – BID BOUNDARY MA
Item #3. Page 9
Meeting Date: 5/28/2024 / Packet Page #: 15
Resolution CC 2024-___ Page 5 of 6
EXHIBIT B – ASSESSMENT METHODOLOGY
Primary Businesses

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

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

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

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

Secondary Businesses

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

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

Item #3. Page 10
Meeting Date: 5/28/2024 / Packet Page #: 16
Resolution CC 2024-___ Page 6 of 6 Template Version Update: 9.2021 Glendora Business Improvement District
$0 – Exempt Assessment Location Map
Item #3. Page 11
Meeting Date: 5/28/2024 / Packet Page #: 17
Public Hearing: Consider
Resolution to Levy & Collect
Assessments FY 2024-2025
Community Development
City Council Meeting
May 28, 2024
Alycia Suniga, Management Analyst CityOfGlendora.org
Item #3. Page 12
Meeting Date: 5/28/2024 / Packet Page #: 18
BID BOUNDARIES Item #3. Page 13
Meeting Date: 5/28/2024 / Packet Page #: 19

IMPORTANT DATES
March 26 City Council adopts Resolution of Intent to Levy Assessments April 5 Resolution and Annual Report is mailed to affected businesses May 14 City Council holds a Public Meeting
May 28 City Council holds Public Hearing and Protest Votes are tabulated.

Item #3. Page 14
Meeting Date: 5/28/2024 / Packet Page #: 20

RECOMMENDATIONS
That the City Council:

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

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

OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING THE LEVY AND

COLLECTION OF ASSESSMENTS FROM THE GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024-25” as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.)
Item #3. Page 15
Meeting Date: 5/28/2024 / Packet Page #: 21

REVISED STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 28, 2024
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITYWIDE
SUBJECT: FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTION

2.40.150 OF THE GLENDORA MUNICIPAL CODE, AND A RESOLUTION ELECTING UNDER PUBLIC CONTRACT CODE SECTION 22030 TO BECOME SUBJECT TO THE

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES

RECOMMENDATION
That the City Council:

1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2.40.150 TO CHAPTER 2.40 “PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL,” OF THE GLENDORA MUNICIPAL CODE REGARDING

PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT;” and

2. Adopt a City Council Resolution, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDORA TO BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES.”

STRATEGIC FOCUS AREAS
 Maintain Financial Stability and Sustainability

EXECUTIVE SUMMARY
The alternative bidding procedures outlined in the Uniform Public Construction Cost Accounting Act (UPCCAA) increases the City’s flexibility in awarding public contracts while maintaining Council control, transparency, accountability, and a level playing field for contractors. The UPCCAA accounting procedures are designed to allow agencies to streamline bidding and contract awarding procedures in exchange for keeping strict records that allow for periodic audits by the California Uniform Construction Cost Accounting Commission and members of the public.

The threshold for City Council authorization will remain at $50,000; this action provides a more efficient a method and streamlines requirements for staff to bring contracts before Council.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In 1983, the UPCCAA was enacted under the PCC § 22000 et seq. If a city elects to become subject to the provisions of UPCCAA, the city is allowed to conduct project work utilizing City staff, which is called “force account work", or by negotiated contract, in an amount up to $60,000. In addition, the Act allows for bidding for public projects of up to $200,000 by the informal procedures described therein.

On November 8, 2022, the City Council approved the first reading to repeal and restate sections of GMC Section 2.40, Purchasing System. The ordinance (No. 2073) adopted by the City Council modernized, simplified and streamlined the City’s purchasing system. On December 13, 2022, the City Council approved the second reading of the ordinance, which repealed and replaced section 2.40.010 through sections

2.40.160, of Chapter 2.40.

Item #4. Page 1
Meeting Date: 5/28/2024 / Packet Page #: 22
Staff Report Page 2 of 3

DISCUSSION
Currently, all public projects involving an expenditure in excess of $5,000 are required to be formally bid in accordance with Public Contract Code (PCC) § 20160 et seq. A public project as defined in PCC § 20161 includes the following:
a) A project for the erection, improvement, painting, or repair of public buildings and works. b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow.
c) Street or sewer work except maintenance or repair.
d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

In 1983, the UPCCAA was enacted under the PCC § 22000 et seq. If a city elects to become subject to the UPCCA program, the city is allowed to conduct project work utilizing City staff, which is called “force account work", in an amount up to $60,000. It also allows agencies to award contracts for public projects of up to $60,000 by negotiated contract and allows informal bids for public projects of up to $200,000. Any public projects of $200,000 or more would still be let to contract by the formal bidding procedures described in the act. As of May 7, 2024, 1,619 agencies (297 cities, 46 counties, 68 community college districts, 778 school districts, 429 special districts) in California have opted to participate in the UPCCAA program, including the neighboring cities of Azusa, Claremont, Covina, Monrovia, La Verne, San Dimas, the County of Los Angeles, the Citrus Community College District, the Glendora Unified School District, and special districts, including Three Valleys Municipal Water District.

The institution of a higher force account limit, and especially the ability to do small public projects by negotiated contract, have significant advantages for the City. The negotiated contract and informal bid process means that no formal specifications or drawings are required for these smaller projects. This allows small projects, and more importantly repairs, to be completed in a matter of weeks instead of months, saving a great deal of staff time and improving the quality of life for the Glendora community.

The Resolution presented is required to be filed with the State of California to allow the City to become subject to the California Uniform Public Construction Cost Accounting Procedures.

FISCAL IMPACT
There is no fiscal impact associated with the recommendation to this report. However, streamlining the bidding process can result in potential project savings because of the timeliness of awards.

ENVIRONMENTAL DETERMINATION
There is no CEQA impact associated with the recommendation to this report.

Prepared By Desiree L. Hernandez, Purchasing Coordinator Concurs With Not Applicable
Reviewed By Marie Ricci, Deputy City Manager
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A: Draft Ordinance
B. Exhibit A of Ordinance
Item #4. Page 2
Meeting Date: 5/28/2024 / Packet Page #: 23
Staff Report Page 3 of 3
C. Draft Resolution
D. Public Hearing Notice
E. PowerPoint
Item #4. Page 3
Meeting Date: 5/28/2024 / Packet Page #: 24
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION

2.40.150 TO CHAPTER 2.40 “PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL,” OF THE GLENDORA

MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE

CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT

THE CITY COUNCIL
City of Glendora, California

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, The City has adopted a central purchasing system, which is codified in Chapter 2.40 of the Glendora Municipal Code (“Municipal Code”) and that contains among others, provisions regarding contracts for professional services and public works.

WHEREAS, It is in the public interest to amend those provisions of Chapter 2.40 of the Municipal Code regarding contracts for professional services and public works to allow the City the greatest flexibility allows under state law.

WHEREAS, The Uniform Public Construction Cost Accounting Act, Public Contract Code (“UPCCAA”) establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies and authorizes local public agencies that elect to be subject to the UPCCAA to use informal bidding procedures for public works projects valued at $200,000 or less, as the UPCCAA may be amended.

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

SECTION 1. That the City Council approves the amending of Section 2.40.150 to Chapter 2.40 “Purchasing System” of Title 2 “Administration and Personnel” attached hereto as “Exhibit A”
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

PASSED, APPROVED and ADOPTED this ___ day of ____, 2024.

A. Revised Ordinance Item #4. Page 4
Meeting Date: 5/28/2024 / Packet Page #: 25
Ordinance No. _____ Page 2 of 2
City Council of Glendora, California
BY: __________________________________
MENDELL L. THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

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 ______, 2024. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of ______, 2024, by the following roll call vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

I further certify that said Ordinance was published 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 #4. Page 5
Meeting Date: 5/28/2024 / Packet Page #: 26
Created: 2024‐02‐20 14:27:28 [EST]

2.40.150 Public works contracts.

Public works contracts will abide by the provision of Section 20160 et seq., of the Public Contract Code of the state.

2.40.150 UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT a. Applicability:

1. This chapter is to provide standardized procedures for awarding contracts for public projects in conformance with the Uniform Public Construction Cost Accounting Act (Public Contract Code § 22000 et seq.).

2. The approval and execution of all contracts pursuant to this chapter shall be in conformance with the provisions of chapter 2.40.150 (Public works contracts) b. Definitions.

1. Unless the context otherwise requires, the following definitions, as well as the definitions in chapter 2.40.015 (Approval and Execution of Contracts), shall govern the construction of this chapter:

2. Change order means a written authorization from the city directing an addition, deletion, or revision to an awarded purchase order or contract.

3. Director means the director of public works.

4. Force account means the part of the city's expense account resulting from the employment of a labor force, as distinguished from the part resulting from outsourcing for similar services.

5. Level 1 projects mean public projects below the monetary threshold of Public Contract Code § 22032(a), as it may be amended from time to time by the state controller or the state legislature.

6. Level 2 projects mean public projects below the monetary threshold of Public Contract Code § 22032(b), as it may be amended from time to time by the state controller or the state legislature.

7. Level 3 projects mean public projects exceeding the monetary threshold of Public Contract Code § 22032(c), as it may be amended from time to time by the state controller or the state legislature.

8. Public project shall be defined as that term is defined in Public Contract Code § 22002, or any successor statute thereto.

9. Uniform Public Construction Cost Accounting Act means the procedures and regulations set forth in Public Contract Code div. 2, pt. 2, ch. 2 (Public Contract Code § 22000 et seq.) or any successor act thereto.
c. Bid requirements.

This section shall govern the procedures for bidding all contracts to perform public projects, including any associated purchase of goods and supplies for such projects. Projects funded by federal, state, or local grants shall be awarded pursuant to the more restrictive bidding requirements.

1. Level 1 projects. Level 1 projects may be awarded by negotiated contract or by purchase order without competitive bidding.

2. Level 2 projects. Level 2 projects may be let to contract by the informal bid procedures set forth in this subsection. All Level 2 projects shall require competitive written bidding procedures for a public project which is in the best interest of the city. The director shall require competitive written B. Revised Exhibit of Ordinance Item #4. Page 6
Meeting Date: 5/28/2024 / Packet Page #: 27

bids as provided in subsection A of this section. The director may waive the requirement to solicit bids if performance of the public project is available from only one source and may solicit only two bids if performance of the public project is available from only two sources.

A. Written bids.
i. Bid specifications shall be prepared and a notice inviting informal bids shall be disseminated to prospective bidders in accordance with subsection C of this section. ii. Bids shall be submitted in writing and must be received prior to the bid closing date to be considered.
iii. The contract shall be awarded to the lowest responsible bidder only if the director determines that such action is in the best interest of the city. The city may reject all bids or waive any irregularities or informalities in any bid or bidding.

B. Contractor’s list. The city shall develop and maintain a list of contractors, identified according to categories of work, in accordance with the provisions of Public Contract Code § 22034, or any successor statute thereto, and the criteria promulgated from time to time by the state uniform construction cost accounting commission.

C. Notice inviting informal bids. At least ten calendar days prior to the date informal bids are due, the city shall mail a notice inviting informal bids to all contractors from the applicable category of work to be bid, as shown on the contractors list developed in accordance with subsection B of this section, and to all construction trade journals as specified by the state uniform construction cost accounting commission in accordance with Public Contract Code § 22036, or any successor statute thereto. Said notice shall describe the project in general terms, shall clearly indicate how to obtain more detailed information about the project, and shall set forth the time and place for the submission of bids.

D. If all bids received are more than the amount set forth in Public Contract Code § 22032(c), the city council may, by adoption of a resolution by a four‐fifths vote, award the contract, up to the amount set forth in Public Contract Code § 22034(d), to the lowest responsible bidder, if the council determines the cost estimate of the city was reasonable.

3. Level 3 projects. Level 3 projects shall, except as otherwise provided by subsection (B)(5) of this section, be let to contract by the formal bidding procedures set forth in this subsection.

A. Bid specifications. For all public projects that must be let pursuant to Level 3 procedures, bid specifications shall be prepared, and notices inviting sealed bids shall be disseminated to at least three prospective bidders approved by the director. In addition, bid plans and working details shall be formally adopted by the city council for all public projects in accordance with the requirements of Public Contract Code § 22039 or any successor statute thereto.

B. Notice inviting formal bids. The city shall publish and mail a notice inviting sealed formal bids in accordance with the provisions of Public Contract Code § 22037, or any successor statute thereto.

C. Receipt of bids. Bids shall be sealed and shall not be opened until the time and place designated in the bid specifications. Bids must be received prior to the bid opening to be considered.

D. Award to lowest responsible bidder. The city council shall award the bid to the lowest responsible bidder or reject all bids pursuant to Public Contract Code § 22038, or its successor statute. The city council may waive any irregularities or informalities in any bid or bidding.

Item #4. Page 7
Meeting Date: 5/28/2024 / Packet Page #: 28

E. Waiver. The city council may waive the procedures required by this subsection if the city council determines that performance of the public project is available only from a single source and may send a notice inviting bids to only two prospective bidders if the council determines that performance of the public project is available from only two sources. d. Bid security.

1. Bid security shall be required as a condition of submitting a written bid unless deemed unnecessary by the director.

2. If a bidder is awarded a bid and then fails or refuses to execute a written contract with the city, the city may award the bid to the next lowest responsible bidder. If the bid is awarded to the next lowest responsible bidder under these circumstances, the amount of the lower bidder's bid security shall be applied by the city to the purchase or contract price differential between that bidder and the next lowest responsible bidder, and the remainder, if any, shall be returned to the lower bidder. e. Interpretation of bid specifications.

1. Oral interpretation of written bid specifications shall not be made to prospective bidders. If a prospective bidder discovers discrepancies or omissions in any specification, or if the bidder is in doubt as to the meaning of any specification, the bidder shall request a written interpretation or modification from the city. If interpretations or modifications are deemed necessary, the city will then issue a written addendum to all parties known to have received copies of the specifications. f. Exceptions to competitive bid requirement.

1. Emergency. If an emergency requires that a public facility be repaired or replaced to permit the continued conduct of the operation or services of the city or to avoid danger to life or property, the city council may proceed to replace or repair the facility in accordance with the provisions of Public Contract Code § 22035 or any successor statute thereto.

2. Legal exemptions. Any other bidding exemption permitted by law shall be applicable. g. Change orders and contracts amendments.

1. Any alteration to, amendment of, or deviation from an awarded purchase order or contract as to scope, cost, time for completion, material, or equipment furnished as a part of the purchase order or contract, or any alteration to, amendment of, or deviation from the nature of work to be performed, shall require the completion and issuance of a change order or amendment. Additions to work cannot be combined with deletions to work to avoid the change order or amendment requirement.

2. The change order or amendment shall be approved and executed by the person or body that, pursuant to section 2.42.030 (Bid requirements), would have authority to approve and execute a purchase for the combined amount of the original contract and the change order or amendment. No change order or amendment shall be binding on the city until approved as provided herein.

3. Change orders shall be issued only if all the following conditions are met:

A. The change order arises in good faith out of an unknown condition or unforeseen circumstance differing materially from the conditions of the purchase or contract, or, alternatively, the change order arises due to an error in the city's specifications that accompanied the invitation for bids.

B. The change order is reasonably related to the scope of work authorized under the original contract.

C. The amount of the change order is within an authorized contingency amount.

Item #4. Page 8
Meeting Date: 5/28/2024 / Packet Page #: 29

D. The change order shall be in accordance with the most current edition of the Standard Specifications for Public Works Construction and/or Cal‐Trans standards and/or LA County standards.

4. Contract amendment. Any alteration to, amendment of, or deviation from a contract as to scope, cost, time for completion, material, or equipment furnished as a part of the contract, or any alteration to, amendment of, or deviation from the nature of work to be performed that does not meet all the requirements of subsection (C) of this section shall require an executed contract amendment. Examples requiring an executed contract amendment include, but are not limited to, an expansion of the scope of work, contract term extension, and an increase in compensation not previously authorized by the purchasing agent or city council, as applicable.
(Ord. 2073 § 2, 2022)
Item #4. Page 9
Meeting Date: 5/28/2024 / Packet Page #: 30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDORA TO BECOME SUBJECT TO THE CALIFORNIA UNIFORM

PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES

THE CITY COUNCIL
City of Glendora, California
WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and WHEREAS, the City of Glendora (“City”) currently uses formal bidding procedures pursuant to Public Contract Code Section 20160 et seq., applicable to construction work performed or contracted by the City; and
WHEREAS, the Public Contract Code Section 22000 et seq., known as the Uniform Public Construction Cost Accounting Act (“Act”), establishes such a uniform cost accounting standard and allows for an alternative method for bidding of public works projects by local public agencies; and
WHEREAS, the Uniform Public Construction Cost Accounting Commission (“Commission”) established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and
WHEREAS, a local public agency’s governing body must elect by resolution to become subject to the Act and file a copy of the resolution with the State Controller’s Office pursuant to Public Contract Code Section 22030; and
WHEREAS, the City Council of the City desires to have its purchasing policies and procedures for all public works and construction works performed or contracted by the City to be subject to reflect the Act’s procedures, and following the execution of this Resolution, to update the applicable terms under Glendora Municipal Code accordingly.

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

SECTION 1. The foregoing recitals and true and correct.

SECTION 2. That the City Council elects to participate in the California Uniform Public Construction Cost Accounting Act (Public Contract Code § 22000 et seq.) and to provide procedures as established by the California Uniform Construction Cost Accounting Commission; and
SECTION 3. The Mayor of the City shall sign and the City Clerk shall certify to the passage and adoption of this Resolution, and shall enter the same in the Book of Original Resolutions and that this Resolution shall take effect and be in force on this date set forth below.

C. Draft Resolution
RESOLUTION CC 2024-____
C. Revised Draft Resolution Item #4. Page 10
Meeting Date: 5/28/2024 / Packet Page #: 31
Resolution No: ______ Page 2 of 2
SECTION 4. This Resolution may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 5. The City Clerk is hereby directed to forward a copy of this Resolution to the State Controller forthwith of this election.

PASSED, APPROVED, and ADOPTED as of this __ day of ________, 2024.

City Council of Glendora, CA
BY:

MENDELL L. THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

CERTIFICATION
I, 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 ______, 2024, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #4. Page 11
Meeting Date: 5/28/2024 / Packet Page #: 32
Uniform Public Construction
Cost Accounting Act
Administrative Services
City CouncilMay 28, 2024Desiree Hernandez, Accounting Supervisor CityOfGlendora.org E. Revised PowerPoint Item #4. Page 12
Meeting Date: 5/28/2024 / Packet Page #: 33
Benefits of the Program
• Simplified bidding for projects that are $200,00 or less• Reduced number of formal bids based on project size• Expedited contracting for projects under $200,000• Significantly streamlines the process of getting small projects constructed
Item #4. Page 13
Meeting Date: 5/28/2024 / Packet Page #: 34
Bidding Limits
Current UPCCA
Negotiated Contract Up to $2,499 Up to $60,000Informal Bid Process $2,500-$50,000 $60,001-$200,000Formal Bid Process $50,001+ $200,001+ Item #4. Page 14
Meeting Date: 5/28/2024 / Packet Page #: 35
Items of Note
• City Council will continue to authorize any contract over $50,000 regardless of the bidding procedures
• Implementing UPCCAA involves no direct fiscal impact however streamlines the purchasing process therefore saving in project costs Item #4. Page 15
Meeting Date: 5/28/2024 / Packet Page #: 36

RECOMMENDATIONS

1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2.40.150 TO CHAPTER 2.40“PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL,” OFTHE GLENDORA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICECONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORMPUBLIC CONSTRUCTION COST ACCOUNTING ACT;” and

2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA TO BECOME SUBJECT TO THECALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTINGPROCEDURES.” That the City Council:

Item #4. Page 16
Meeting Date: 5/28/2024 / Packet Page #: 37

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 28, 2024
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITY-WIDE
SUBJECT: FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTION

2.40.151 OF THE GLENDORA MUNICIPAL CODE, AND A RESOLUTION ELECTING UNDER PUBLIC CONTRACT CODE SECTION 22030 TO BECOME SUBJECT TO THE

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES

RECOMMENDATION
That the City Council:

1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2.40.151 TO CHAPTER 2.40 “PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL,” OF THE GLENDORA MUNICIPAL CODE REGARDING

PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT” and

2. Adopt a City Council Resolution, “A RESOLUTION OF THE CITY COUNCIL IN THE MATTER OF UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES.”

STRATEGIC FOCUS AREAS
 Maintain Financial Stability and Sustainability

EXECUTIVE SUMMARY
The alternative bidding procedures outlined in the Uniform Public Construction Cost Accounting Act (UPCCAA) increases the City’s flexibility in awarding public contracts while maintaining Council control, transparency, accountability, and a level playing field for contractors. The UPCCAA accounting procedures are designed to allow agencies to streamline bidding and contract awarding procedures in exchange for keeping strict records that allow for periodic audits by the California Uniform Construction Cost Accounting Commission and members of the public.

The threshold for City Council authorization will remain at $50,000; this action provides a more efficient a method and streamlines requirements for staff to bring contracts before Council.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In 1983, the UPCCAA was enacted under the PCC § 22000 et seq. If a city elects to become subject to the provisions of UPCCAA, the city is allowed to conduct project work utilizing City staff, which is called “force account work", or by negotiated contract, in an amount up to $60,000. In addition, the Act allows for bidding for public projects of up to $200,000 by the informal procedures described therein.

On November 8, 2022, the City Council approved the first reading to repeal and restate sections of GMC Section 2.40, Purchasing System. The ordinance (No. 2073) adopted by the City Council modernized, simplified and streamlined the City’s purchasing system. On December 13, 2022, the City Council approved the second reading of the ordinance, which repealed and replaced section 2.40.010 through sections 2.40.160, of Chapter 2.40.

Item #4. Page 17
Meeting Date: 5/28/2024 / Packet Page #: 38

DISCUSSION
Currently, all public projects involving an expenditure in excess of $5,000 are required to be formally bid in accordance with Public Contract Code (PCC) § 20160 et seq. A public project as defined in PCC § 20161 includes the following:
a) A project for the erection, improvement, painting, or repair of public buildings and works. b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow.
c) Street or sewer work except maintenance or repair.
d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

In 1983, the UPCCAA was enacted under the PCC § 22000 et seq. If a city elects to become subject to the UPCCA program, the city is allowed to conduct project work utilizing City staff, which is called “force account work", in an amount up to $60,000. It also allows agencies to award contracts for public projects of up to $60,000 by negotiated contract and allows informal bids for public projects of up to $200,000. Any public projects of $200,000 or more would still be let to contract by the formal bidding procedures described in the act. As of May 7, 2024, 1,619 agencies (297 cities, 46 counties, 68 community college districts, 778 school districts, 429 special districts) in California have opted to participate in the UPCCAA program, including the neighboring cities of Azusa, Claremont, Covina, Monrovia, La Verne, San Dimas, the County of Los Angeles, the Citrus Community College District, the Glendora Unified School District, and special districts, including Three Valleys Municipal Water District.

The institution of a higher force account limit, and especially the ability to do small public projects by negotiated contract, have significant advantages for the City. The negotiated contract and informal bid process means that no formal specifications or drawings are required for these smaller projects. This allows small projects, and more importantly repairs, to be completed in a matter of weeks instead of months, saving a great deal of staff time and improving the quality of life for the Glendora community.

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

ENVIRONMENTAL DETERMINATION
There is no CEQA impact associated with the recommendation to this report.

Prepared By Desiree L. Hernandez, Purchasing Coordinator Concurs With Not Applicable
Reviewed By Marie Ricci, Deputy City Manager
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A: Draft Ordinance
B. Exhibit A of Ordinance
C. Draft Resolution
D. Public Hearing Notice
E. PowerPoint
Item #4. Page 18
Meeting Date: 5/28/2024 / Packet Page #: 39
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION

2.40.151 TO CHAPTER 2.40 “PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL,” OF THE GLENDORA

MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE

CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT

THE CITY COUNCIL
City of Glendora, California

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY
ORDAIN AS FOLLOWS:

WHEREAS, The City has adopted a central purchasing system, which is codified in Chapter 2.40 of the Glendora Municipal Code (“Municipal Code”) and that contains among others, provisions regarding contracts for professional services and public works.

WHEREAS, It is in the public interest to amend those provisions of Chapter 2.40 of the Municipal Code regarding contracts for professional services and public works to allow the City the greatest flexibility allows under state law.

WHEREAS, The Uniform Public Construction Cost Accounting Act, Public Contract Code (“UPCCAA”) establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies and authorizes local public agencies that elect to be subject to the UPCCAA to use informal bidding procedures for public works projects valued at $200,000 or less, as the UPCCAA may be amended.

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

SECTION 1. That the City Council approves the amending of Section 2.40.151 to Chapter 2.40 “Purchasing System” of Title 2 “Administration and Personnel” attached hereto as “Exhibit A”
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 3. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

Item #4. Page 19
Meeting Date: 5/28/2024 / Packet Page #: 40
Ordinance No. _____ Page 2 of 2
PASSED, APPROVED and ADOPTED this ___ day of ____, 2024.

City Council of Glendora, California
BY: __________________________________

MENDELL THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

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 ______, 2024. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of ______, 2024, by the following roll call vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

I further certify that said Ordinance was published 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 #4. Page 20
Meeting Date: 5/28/2024 / Packet Page #: 41

2.40.151 UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT a. Applicability:

1. This chapter is to provide standardized procedures for awarding contracts for public projects in conformance with the Uniform Public Construction Cost Accounting Act (Public Contract Code § 22000 et seq.).

2. The approval and execution of all contracts pursuant to this chapter shall be in conformance with the provisions of chapter 2.40.150 (Public works contracts) b. Definitions.

1. Unless the context otherwise requires, the following definitions, as well as the definitions in chapter 2.40.015 (Approval and Execution of Contracts), shall govern the construction of this chapter:

2. Change order means a written authorization from the city directing an addition, deletion, or revision to an awarded purchase order or contract.

3. Director means the director of public works.

4. Force account means the part of the city's expense account resulting from the employment of a labor force, as distinguished from the part resulting from outsourcing for similar services.

5. Level 1 projects mean public projects below the monetary threshold of Public Contract Code § 22032(a), as it may be amended from time to time by the state controller or the state legislature.

6. Level 2 projects mean public projects below the monetary threshold of Public Contract Code § 22032(b), as it may be amended from time to time by the state controller or the state legislature.

7. Level 3 projects mean public projects exceeding the monetary threshold of Public Contract Code § 22032(c), as it may be amended from time to time by the state controller or the state legislature.

8. Public project shall be defined as that term is defined in Public Contract Code § 22002, or any successor statute thereto.

9. Uniform Public Construction Cost Accounting Act means the procedures and regulations set forth in Public Contract Code div. 2, pt. 2, ch. 2 (Public Contract Code § 22000 et seq.) or any successor act thereto.
c. Bid requirements.

This section shall govern the procedures for bidding all contracts to perform public projects, including any associated purchase of goods and supplies for such projects. Projects funded by federal, state, or local grants shall be awarded pursuant to the more restrictive bidding requirements.

1. Level 1 projects. Level 1 projects may be awarded by negotiated contract or by purchase order without competitive bidding.

2. Level 2 projects. Level 2 projects may be let to contract by the informal bid procedures set forth in this subsection. All Level 2 projects shall require competitive oral or written bidding procedures for a public project which is in the best interest of the city. If the director determines that a competitive oral bidding procedure for a public project is in the best interest of the city, the director may solicit oral bids as provided pursuant to subsection B(1) of this section. Otherwise, the director shall require competitive written bids as provided in subsection B(2) of this section. The director may waive the requirement to solicit bids if performance of the public project is available Item #4. Page 21
Meeting Date: 5/28/2024 / Packet Page #: 42

from only one source and may solicit only two bids if performance of the public project is available from only two sources.

A. Written bids.
i. Bid specifications shall be prepared and a notice inviting informal bids shall be disseminated to a list of at least three prospective bidders in accordance with subsection C of this section.
ii. Bids shall be submitted in writing and must be received prior to the bid closing date to be considered.
iii. The contract shall be awarded to the lowest responsible bidder only if the director determines that such action is in the best interest of the city. The city may reject all bids or waive any irregularities or informalities in any bid or bidding.

B. Contractor’s list. The city shall develop and maintain a list of contractors, identified according to categories of work, in accordance with the provisions of Public Contract Code § 22034, or any successor statute thereto, and the criteria promulgated from time to time by the state uniform construction cost accounting commission.

C. Notice inviting informal bids. At least ten calendar days prior to the date informal bids are due, the city shall mail a notice inviting informal bids to all contractors from the applicable category of work to be bid, as shown on the contractors list developed in accordance with subsection B of this section, and to all construction trade journals as specified by the state uniform construction cost accounting commission in accordance with Public Contract Code § 22036, or any successor statute thereto. Said notice shall describe the project in general terms, shall clearly indicate how to obtain more detailed information about the project, and shall set forth the time and place for the submission of bids.

D. If all bids received are more than the amount set forth in Public Contract Code § 22032(c), the city council may, by adoption of a resolution by a four-fifths vote, award the contract, up to the amount set forth in Public Contract Code § 22034(d), to the lowest responsible bidder, if the council determines the cost estimate of the city was reasonable.

3. Level 3 projects. Level 3 projects shall, except as otherwise provided by subsection (B)(5) of this section, be let to contract by the formal bidding procedures set forth in this subsection.

A. Bid specifications. For all public projects that must be let pursuant to Level 3 procedures, bid specifications shall be prepared, and notices inviting sealed bids shall be disseminated to at least three prospective bidders approved by the director. In addition, bid plans and working details shall be formally adopted by the city council for all public projects in accordance with the requirements of Public Contract Code § 22039 or any successor statute thereto.

B. Notice inviting formal bids. The city shall publish and mail a notice inviting sealed formal bids in accordance with the provisions of Public Contract Code § 22037, or any successor statute thereto.

C. Receipt of bids. Bids shall be sealed and shall not be opened until the time and place designated in the bid specifications. Bids must be received prior to the bid opening to be considered.

D. Award to lowest responsible bidder. The city council shall award the bid to the lowest responsible bidder or reject all bids pursuant to Public Contract Code § 22038, or its successor statute. The city council may waive any irregularities or informalities in any bid or bidding.

Item #4. Page 22
Meeting Date: 5/28/2024 / Packet Page #: 43

E. Waiver. The city council may waive the procedures required by this subsection if the city council determines that performance of the public project is available only from a single source and may send a notice inviting bids to only two prospective bidders if the council determines that performance of the public project is available from only two sources. d. Bid security.

1. Bid security shall be required as a condition of submitting a written bid unless deemed unnecessary by the director.

2. If a bidder is awarded a bid and then fails or refuses to execute a written contract with the city, the city may award the bid to the next lowest responsible bidder. If the bid is awarded to the next lowest responsible bidder under these circumstances, the amount of the lower bidder's bid security shall be applied by the city to the purchase or contract price differential between that bidder and the next lowest responsible bidder, and the remainder, if any, shall be returned to the lower bidder. e. Interpretation of bid specifications.

1. Oral interpretation of written bid specifications shall not be made to prospective bidders. If a prospective bidder discovers discrepancies or omissions in any specification, or if the bidder is in doubt as to the meaning of any specification, the bidder shall request a written interpretation or modification from the city. If interpretations or modifications are deemed necessary, the city will then issue a written addendum to all parties known to have received copies of the specifications. f. Exceptions to competitive bid requirement.

1. Emergency. If an emergency requires that a public facility be repaired or replaced to permit the continued conduct of the operation or services of the city or to avoid danger to life or property, the city council may proceed to replace or repair the facility in accordance with the provisions of Public Contract Code § 22035 or any successor statute thereto.

2. Legal exemptions. Any other bidding exemption permitted by law shall be applicable. g. Change orders and contracts amendments.

1. Any alteration to, amendment of, or deviation from an awarded purchase order or contract as to scope, cost, time for completion, material, or equipment furnished as a part of the purchase order or contract, or any alteration to, amendment of, or deviation from the nature of work to be performed, shall require the completion and issuance of a change order or amendment. Additions to work cannot be combined with deletions to work to avoid the change order or amendment requirement.

2. The change order or amendment shall be approved and executed by the person or body that, pursuant to section 2.42.030 (Bid requirements), would have authority to approve and execute a purchase for the combined amount of the original contract and the change order or amendment. No change order or amendment shall be binding on the city until approved as provided herein.

3. Change orders shall be issued only if all the following conditions are met:

A. The change order arises in good faith out of an unknown condition or unforeseen circumstance differing materially from the conditions of the purchase or contract, or, alternatively, the change order arises due to an error in the city's specifications that accompanied the invitation for bids.

B. The change order is reasonably related to the scope of work authorized under the original contract.

Item #4. Page 23
Meeting Date: 5/28/2024 / Packet Page #: 44

C. The amount of the change order is within an authorized contingency amount.

D. The change order shall be in accordance with the most current edition of the Standard Specifications for Public Works Construction and/or Cal-Trans standards and/or LA County standards.

4. Contract amendment. Any alteration to, amendment of, or deviation from a contract as to scope, cost, time for completion, material, or equipment furnished as a part of the contract, or any alteration to, amendment of, or deviation from the nature of work to be performed that does not meet all the requirements of subsection (C) of this section shall require an executed contract amendment. Examples requiring an executed contract amendment include, but are not limited to, an expansion of the scope of work, contract term extension, and an increase in compensation not previously authorized by the purchasing agent or city council, as applicable.
(Ord. 2073 § 2, 2022)
Item #4. Page 24
Meeting Date: 5/28/2024 / Packet Page #: 45
RESOLUTION CC 2024-____

A RESOLUTION OF THE CITY COUNCIL IN THE MATTER OF

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING

PROCEDURES

THE CITY COUNCIL
City of Glendora, California
WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and WHEREAS, Public Contract Code section 22000 et seq., the Uniform Public Construction Cost Accounting Act, establishes such a uniform cost accounting standard; and, WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and

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

SECTION 1. That the City Council elects under Public Contract Code section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Act and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended; and
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the Book of Original Resolutions and that this Resolution shall take effect and be in force on this date.

SECTION #. The City Clerk is hereby directed to forward a copy of this resolution to the State Controller forthwith of this election via email to: [email protected].

APPROVED and PASSED this __ day of ________, 2024.

City Council of Glendora, CA
BY:

MENDELL L. THOMPSON
Mayor
Item #4. Page 25
Meeting Date: 5/28/2024 / Packet Page #: 46
Resolution No: _____ Page 2 of 2
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, California, 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 ______, 2024, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

I further certify that said Resolution was published as required by law in a newspaper of general circulation in the City of Glendora, California on the _____ day of ______, 2024.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #4. Page 26
Meeting Date: 5/28/2024 / Packet Page #: 47

NOTICE OF PUBLIC HEARING
City Council
_____________________________________________
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 Tuesday, May 28, 2024, at 7:00 p.m. to consider the adoption of the Uniform Public Construction Cost Accounting Act.

PLEASE TAKE NOTICE that in the event that a state of emergency is in effect and that COVID protocols are imposed that require masking, vaccination verification and/or social distancing are in effect at the time scheduled to conduct this public hearing, it may be necessary to conduct a virtual City Council meeting utilizing the Zoom Video Communications platform. Enter meeting ID# cityofglenodra.org/zoom.

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/city meetings 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/Communications Director
Published San Gabriel Valley Examiner Ad Type Legal: May 09, 2024 Item #4. Page 27
Meeting Date: 5/28/2024 / Packet Page #: 48

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 April 18, 2024.

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Item #4. Page 28
Meeting Date: 5/28/2024 / Packet Page #: 49
Uniform Public Construction
Cost Accounting Act
Administrative Services
City Council
May 28, 2024
Desiree Hernandez, Accounting Supervisor CityOfGlendora.org Item #4. Page 29
Meeting Date: 5/28/2024 / Packet Page #: 50
Benefits of the Program
• Simplified bidding for projects that are $200,00 or less • Reduced number of formal bids based on project size
• Expedited contracting for projects under $200,000
• Significantly streamlines the process of getting small projects constructed
Item #4. Page 30
Meeting Date: 5/28/2024 / Packet Page #: 51
Bidding Limits
Current UPCCA
Negotiated Contract Up to $2,499 Up to $60,000
Informal Bid Process $2,500-$50,000 $60,001-$200,000
Formal Bid Process $50,001+ $200,001+
Item #4. Page 31
Meeting Date: 5/28/2024 / Packet Page #: 52
Items of Note
• City Council will continue to authorize any contract over $50,000 regardless of the bidding procedures
• Implementing UPCCAA involves no direct fiscal impact
Item #4. Page 32
Meeting Date: 5/28/2024 / Packet Page #: 53

RECOMMENDATIONS

1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION 2.40.151 TO CHAPTER 2.40
“PURCHASING SYSTEM” OF TITLE 2 “ADMINISTRATION AND PERSONNEL,” OF

THE GLENDORA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE

CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT;” and

2. Adopt a City Council Resolution, “A RESOLUTION OF THE CITY COUNCIL IN

THE MATTER OF UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES”
That the City Council:

Item #4. Page 33
Meeting Date: 5/28/2024 / Packet Page #: 54

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 28, 2024
FROM: FINANCE DISTRICT(S): CITY-WIDE
SUBJECT: CITY OF GLENDORA AND GLENDORA SUCCESSOR AGENCY INVESTMENT REPORT FOR APRIL 2024

RECOMMENDATION
That the City/Agency/Authority Council:

1. Receive and file the Monthly Investment Activity Report for April 2024.

STRATEGIC FOCUS AREAS
 Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
The City’s book value of cash and investments for April 2024 totaled $119,790,181. This is an increase of $2,203,449 (1.87%) compared to the previous month. The increase is generally due to property tax revenues totaling $2,836,743.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to Section 19 of the City’s FY 2023-24 Investment Policy, a monthly investment report must be provided to the City Council to provide a clear picture of the status of the current portfolio.

DISCUSSION
As prescribed in the Investment Policy for FY 2024, the attached investment report provides a listing of individual securities held at the end of the reporting period by authorized investment category, the average life and final maturity of all investments listed, coupon rate, discount or earnings rate, Par Value, Market Value and Book Value of each investment in the portfolio, including funds managed for the City by third parties.

There were two investment purchases (consisting of Certificates of Deposit and Limited Term Governmental Funds) for the month of April totaling $3,245,000; there was one security that matured at $245,000, 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 Kylie Petrovick, Accountant
Concurs With Not Applicable
Reviewed By Kyle Johnson, Finance Director/City Treasurer Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Not Applicable
CEQA Review Not Applicable
ATTACHMENTS:

Item #5. Page 1
Meeting Date: 5/28/2024 / Packet Page #: 55
A. April 2024 Investment Report
Item #5. Page 2
Meeting Date: 5/28/2024 / Packet Page #: 56
Item #5. Page 3
Meeting Date: 5/28/2024 / Packet Page #: 57
Financial Advisor

CHEN/GIORDANO/CRAWFORD
213-972-1457
UBS Client Review
As of April 30, 2024
251 South Lake Avenue10th FloorPasadena, CA 911013003Branch office Report Prepared for: City of Glendora* excluded from performance exhibits Type
AccountName
AccountNumberSX 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Important Information About This Report. . . . . . . . 35

Item #5. Page 4
Meeting Date: 5/28/2024 / Packet Page #: 58
Consolidated report prepared for City of Glendora
Asset Allocation Reviewas of April 30, 2024
Summary of Asset Allocation
Market
value ($)
% of
Portfolio
Cash 12,528,348.67 10.88
Cash 12,528,348.67 10.88 US 12,528,348.67 10.88
Fixed Income 102,644,985.03 89.12
US 102,644,985.03 89.12 US Fixed Income 17,377,199.85 15.09 Government 56,497,752.58 49.05 Municipals 251,704.66 0.22 Corporate IG Credit 28,518,327.94 24.76 Equity 0.00 0.00Commodities 0.00 0.00Non-Traditional 0.00 0.00Other 0.00 0.00Total Portfolio $115,173,333.70 100%Balanced mutual funds and Insurance & Annuity products are allocated in the 'Other' category Cash 10.88%US Fixed Income 89.12%
Total Value: $115,173,333.70
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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 2 of 40 Item #5. Page 5
Meeting Date: 5/28/2024 / Packet Page #: 59
Consolidated report prepared for City of Glendora
Sources of Portfolio Valueas of April 30, 2024
Market Value Net amount you invested (net of fees)
02/22 12/22 04/24
5075
100125150
$ Millions
MTD
03/31/2024 to
04/30/2024
QTD
03/31/2024 to
04/30/2024
ITD
02/23/2022 to
04/30/2024
YTD
12/31/2023 to
04/30/2024
Opening value 110,254,951.74 110,254,951.74 105,216,329.40 40,589,214.16 Net deposits/withdrawals 1,883,954.75 1,883,954.75 6,081,281.64 70,394,972.15Div./interest income 152,936.36 152,936.36 794,053.10 3,715,343.21Change in accr. interest 13,797.02 13,797.02 -121,376.08 316,142.23Change in value -145,503.21 -145,503.21 189,848.60 -2,855,535.10Closing value 112,160,136.66 112,160,136.66 112,160,136.66 112,160,136.66Net Time-weighted ROR 0.02 0.02 0.79 0.24Performance returns are annualized after 1 year. Net deposits and withdrawals include program and account fees.Benchmarks - Annualized time-weighted returnsUS Treasury Bill - 3 Mos 0.44 0.44 1.76 3.85BofA Corp/Gov 1-5Y -0.69 -0.69 -0.50 0.22BBG Agg Bond -2.53 -2.53 -3.28 -3.43Past performance does not guarantee future results and current performance may be lower/higher than past data presented.Report created on: May 01, 2024 Page 3 of 40 Item #5. Page 6
Meeting Date: 5/28/2024 / Packet Page #: 60
Consolidated report prepared for City of Glendora
Bond Summaryas of April 30, 2024Bond OverviewTotal quantity 107,317,000Total market value $102,261,575.30Total accrued interest $383,409.73Total market value plus accrued interest $102,644,985.03Total estimated annual bond interest $1,869,328.25Average yield to maturityAverage coupon 1.77%

5.33%1.83%5.33%
Average current yieldAverage yield to worstAverage modified duration 1.42Average effective maturity 1.56 Investment Type AllocationInvestment type Taxable ($) Total ($) Tax-exempt /
deferred ($)
% of
bond
port.

Certificates of deposit 17,377,199.85 0.00 17,377,199.85 16.93Municipals 251,704.66 0.00 251,704.66 0.25U.S. corporates 28,518,327.94 0.00 28,518,327.94 27.78U.S. federal agencies 53,116,803.08 0.00 53,116,803.08 51.75U.S. treasuries 3,380,949.51 0.00 3,380,949.51 3.29Total $102,644,985.04 $0.00 $102,644,985.04 100% Credit Quality of Bond HoldingsA Aaa/AAA/AAA 16 26,260,986.87 25.59B Aa/AA/AA 22 34,381,620.37 33.50C A/A/A 16 24,625,177.94 23.97D Baa/BBB/BBB 0 0.00 0.00E Non-investment grade 0 0.00 0.00F Certificate of deposit 74 17,377,199.85 16.95G Not rated 0 0.00 0.00Total 128 $102,644,985.03 100%Effective credit rating % of
port.

Value on
Issues 04/30/2024 ($)
Bond Maturity Schedule
Effective maturity schedule
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2035 + Other 0 1020304050

18.1%

41.1%

25.8%

8.8%

5.6%

0.4% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Cash, mutual funds and some preferred securities are not included.$ Millions Includes all fixed income securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 4 of 40 Item #5. Page 7
Meeting Date: 5/28/2024 / Packet Page #: 61
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024Summary of Portfolio Holdings Unrealized
Cost basis ($) gain/loss (%)
Est. annual
income ($)
Unrealized
gain/loss ($)
Value on
04/30/2024 ($)
Current
yield (%)
% of
portfolio
A Cash 3,047,827.87 12,528,348.67 0.00 0.00% 492,087.62 3.93% 10.88% Cash 3,047,827.87 12,528,348.67 0.00 0.00% 492,087.62 3.93% 10.88% US 3,047,827.87 12,528,348.67 0.00 0.00% 492,087.62 3.93% 10.88% B Fixed Income 107,261,832.2 102,644,985.03 -4,616,847.26 -4.30% 1,869,328.25 1.82% 89.12% US 107,261,832.29 102,644,985.03 -4,616,847.26 -4.30% 1,869,328.25 1.82% 89.12% US Fixed Income 17,967,196.63 17,377,199.85 -589,996.78 -3.28% 386,341.00 2.22% 15.09% Government 59,135,046.60 56,497,752.58 -2,637,294.02 -4.46% 956,306.50 1.69% 49.05% Municipals 250,000.00 251,704.66 1,704.66 0.68% 12,872.50 5.11% 0.22% Corporate IG Credit 29,909,589.06 28,518,327.94 -1,391,261.12 -4.65% 513,808.25 1.80% 24.76% C Equity 0.00 0.00 0.00 0.00% NA NA 0.00%D Commodities 0.00 0.00 0.00 0.00% NA NA 0.00%E Non-Traditional 0.00 0.00 0.00 0.00% NA NA 0.00%F Other 0.00 0.00 0.00 0.00% NA NA 0.00%Total Portfolio $110,309,660.16 $115,173,333.70 $-4,616,847.26 -4.19% $2,361,415.87 2.05% 100% Balanced mutual funds and Insurance & Annuity products are allocated in the 'Other' category B
A
Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 5 of 40 Item #5. Page 8
Meeting Date: 5/28/2024 / Packet Page #: 62
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Details of Portfolio Holdings
% of
asset
class
Est. annual
Cost basis ($) income ($)
Unrealized
gain/loss
(%)
Unrealized
Market value ($) gain/loss ($)
Current
yield (%)
Total Portfolio $115,173,333.70 $-4,616,847.26 -4.19% $2,361,415.87 2.05% 100% $110,309,660.16 100% % of
portfolio
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) / Cash Avg Price Market value ($)
Price on
04/30/2024
($)
% of
Cash
% of
portfolio
Cash
US
Outside ASSET(1) 1.00 332,547.93 332,547.93 0.00 0.00% NA NA 2.65% 0.29%[Outside Account @SXXXX279]

1.00 Outside ASSET(1) 1.00 2,680,649.11 2,680,649.11 0.00 0.00% NA NA 21.40% 2.33%[Outside Account @SXXXX283]

1.00 UBS INSURED SWEEP 48,593.23 1.00 48,593.23 48,593.23 0.00 0.00% 48.59 0.10% 0.04%PROGRAM

1.00 0.39%
UBS SELECT TREASURY 9,480,520.80 0.00 0.00 9,480,520.80 0.00 0.00% 492,039.03 5.19% 8.23%INSTITUTIONAL FUND

1.00 75.67%
USD CASH -13,962.40 1.00 1.00 -13,962.40 -13,962.40 0.00 0.00% NA NA -0.11% -0.01% Total US $3,047,827.87 $12,528,348.67 $0.00 0.00% $492,087.62 3.93% 100% 10.88% Total Cash $3,047,827.87 $12,528,348.67 $0.00 0.00% $492,087.62 3.93% 100% 10.88% Total Cash $3,047,827.87 $12,528,348.67 $0.00 0.00% $492,087.62 3.93% 100% 10.88% (1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 6 of 40 Item #5. Page 9
Meeting Date: 5/28/2024 / Packet Page #: 63
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
AFFINITY PLUS MN US RT 245,000.00 100.00 245,000.00 245,566.82 0.00 566.82 0.23% 12,372.50 5.04% 0.21%05.0500% MAT 03/20/26LICU SHARE CERTIFICATE 100.09 0.24%
ALLY BK UT US RT 245,000.00 100.00 245,000.00 240,878.06 0.00 -4,121.94 -1.68% 8,697.50 3.61% 0.21%03.5500% MAT 06/30/26FIXED RATE CD

97.13 0.23%
AMERICAN COMM BK GA 245,000.00 100.00 245,000.00 229,610.98 0.00 -15,389.02 -6.28% 980.00 0.43% 0.20%US RT 00.4000% MAT09/22/25 FIXED RATE CD

93.71 0.22%
ARBOR FINL CREDIT MI US 245,000.00 100.00 245,000.00 247,400.66 0.00 2,400.66 0.98% 12,250.00 4.95% 0.21%RT 05.0000% MAT 04/03/28FIXED RATE CD 100.61 0.24%
BANK3 TENNESSEE TN US RT 245,000.00 100.00 245,000.00 230,271.07 0.00 -14,728.93 -6.01% 980.00 0.43% 0.20%00.4000% MAT 08/28/25FIXED RATE CD

93.99 0.22%
BANKUNITED NA FLOR FL US 245,000.00 100.00 245,000.00 226,931.25 0.00 -18,068.75 -7.38% 2,327.50 1.03% 0.20%RT 00.9500% MAT 03/31/26FIXED RATE CD

92.63 0.22%
BELL ST B&T ND US RT 245,000.00 100.00 245,000.00 237,888.02 0.00 -7,111.98 -2.90% 3,920.00 1.65% 0.21%01.6000% MAT 02/27/25FIXED RATE CD

97.08 0.23%
BK HAPOALIM BM NY US RT 245,000.00 100.00 245,000.00 228,276.40 0.00 -16,723.60 -6.83% 1,225.00 0.54% 0.20%00.5000% MAT 12/15/25FIXED RATE CD

92.99 0.22%
BMO HARRIS BK NA IL US RT 245,000.00 100.00 245,000.00 226,811.80 0.00 -18,188.20 -7.42% 1,960.00 0.86% 0.20%00.8000% MAT 03/18/26FIXED RATE CD

92.48 0.22%
BMW BANK NORTH AME UT 245,000.00 100.04 245,090.15 238,745.38 -223.74 -6,344.77 -2.59% 4,410.00 1.85% 0.21%US RT 01.8000% MAT03/04/25 FIXED RATE CD

97.17 0.23%
BOKF NA OK US RT 245,000.00 100.00 245,000.00 246,935.50 0.00 1,935.50 0.79% 11,637.50 4.71% 0.21%04.7500% MAT 02/17/27FIXED RATE CD

99.84 0.24%
CADENCE BANK MS US RT 245,000.00 100.00 245,000.00 249,852.81 0.00 4,852.81 1.98% 13,107.50 5.25% 0.22%05.3500% MAT 07/05/24FIXED RATE CD

99.96 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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 7 of 40 Item #5. Page 10
Meeting Date: 5/28/2024 / Packet Page #: 64
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
CAPITAL ONE BK USA VA US 245,000.00 100.00 245,000.00 224,515.08 0.00 -20,484.92 -8.36% 2,817.50 1.25% 0.19%RT 01.1500% MAT 11/24/26FIXED RATE CD

91.14 0.22%
CAPITAL ONE NA VA US RT 245,000.00 100.00 245,000.00 224,515.08 0.00 -20,484.92 -8.36% 2,817.50 1.25% 0.19%01.1500% MAT 11/24/26FIXED RATE CD

91.14 0.22%
CENTERSTATE BK NA FL US 245,000.00 100.00 245,000.00 235,212.25 0.00 -9,787.75 -4.00% 2,450.00 1.04% 0.20%RT 01.0000% MAT 04/30/25FIXED RATE CD

96.01 0.23%
CFG COMMUNITY BANK 245,000.00 100.00 245,000.00 241,857.79 0.00 -3,142.21 -1.28% 9,310.00 3.85% 0.21%MD US RT 03.8000% MAT03/11/26 FIXED RATE CD

97.90 0.24%
CHAMBERS BANK AK US RT 108,000.00 100.00 108,000.00 101,270.95 0.00 -6,729.05 -6.23% 378.00 0.37% 0.09%00.3500% MAT 09/22/25FIXED RATE CD

93.73 0.10%
CIBC BANK ILLINOIS IL US RT 245,000.00 100.00 245,000.00 246,109.48 0.00 1,109.48 0.45% 12,250.00 4.98% 0.21%05.0000% MAT 03/24/26FIXED RATE CD

99.95 0.24%
CITADEL FED CREDIT PA US 245,000.00 100.00 245,000.00 237,987.03 0.00 -7,012.97 -2.86% 4,042.50 1.70% 0.21%RT 01.6500% MAT 02/27/25CREDIT UNION SHARE CERT

97.12 0.23%
CITIZENS ST BK CLA WI US 219,000.00 100.00 219,000.00 215,090.85 0.00 -3,909.15 -1.79% 3,723.00 1.73% 0.19%RT 01.7000% MAT 10/31/24FIXED RATE CD

98.22 0.21%
COMMUNITY BK TN US RT 245,000.00 100.00 245,000.00 230,332.79 0.00 -14,667.21 -5.99% 980.00 0.43% 0.20%00.4000% MAT 08/26/25FIXED RATE CD

94.01 0.22%
COMMUNITYWIDE FED IN 245,000.00 100.00 245,000.00 245,128.94 0.00 128.94 0.05% 5,512.50 2.25% 0.21%US RT 02.2500% MAT06/28/24 FIXED RATE CD

99.50 0.24%
CONNEXUS CREDIT UN WI 245,000.00 100.00 245,000.00 244,054.30 0.00 -945.70 -0.39% 735.00 0.30% 0.21%US RT 00.3000% MAT05/28/24 CREDIT UNIONSHARE CERT

99.61 0.24%
CY-FAIR FED CREDIT TX US 245,000.00 100.00 245,000.00 247,470.41 0.00 2,470.41 1.01% 12,985.00 5.25% 0.21%RT 05.3000% MAT 07/14/28FIXED RATE CD 100.78 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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 8 of 40 Item #5. Page 11
Meeting Date: 5/28/2024 / Packet Page #: 65
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
DISCOVER BANK DE US RT 245,000.00 100.00 245,000.00 237,540.25 0.00 -7,459.75 -3.04% 7,840.00 3.30% 0.21%03.2000% MAT 05/24/27FIXED RATE CD

95.57 0.23%
EAGLEMARK SVGS BK NV 245,000.00 100.26 245,638.54 227,654.70 -464.56 -17,983.84 -7.32% 4,900.00 2.15% 0.20%US RT 02.0000% MAT03/02/27 FIXED RATE CD

92.60 0.22%
ENCORE BANK AR US RT 245,000.00 100.00 245,000.00 234,310.35 0.00 -10,689.65 -4.36% 1,960.00 0.84% 0.20%00.8000% MAT 05/15/25FIXED RATE CD

95.60 0.23%
ENERBANK UT US RT 245,000.00 100.00 245,000.00 233,243.89 0.00 -11,756.11 -4.80% 1,592.50 0.68% 0.20%00.6500% MAT 06/19/25FIXED RATE CD

95.18 0.23%
ESSENTIAL FED CRED LA US 245,000.00 100.00 245,000.00 245,073.87 0.00 73.87 0.03% 11,515.00 4.70% 0.21%RT 04.7000% MAT 06/15/27LICU SHARE CERTIFICATE

99.84 0.24%
FIRST CAROLINA BK NC US 245,000.00 100.00 245,000.00 233,020.91 0.00 -11,979.09 -4.89% 1,470.00 0.63% 0.20%RT 00.6000% MAT 06/26/25FIXED RATE CD

95.10 0.23%
FIRST NATL BK KS US RT 245,000.00 100.00 245,000.00 242,167.80 0.00 -2,832.20 -1.16% 4,532.50 1.87% 0.21%01.8500% MAT 08/30/24FIXED RATE CD

98.84 0.24%
FIRST ST BK AR US RT 245,000.00 100.00 245,000.00 242,128.60 0.00 -2,871.40 -1.17% 4,410.00 1.82% 0.21%01.8000% MAT 08/30/24FIXED RATE CD

98.83 0.24%
FLAGSTAR BANK, FSB MI US 245,000.00 100.00 245,000.00 235,329.85 0.00 -9,670.15 -3.95% 2,572.50 1.09% 0.20%RT 01.0500% MAT 04/30/25FIXED RATE CD

96.05 0.23%
GREAT STHN BK MO US RT 245,000.00 100.00 245,000.00 243,327.35 0.00 -1,672.65 -0.68% 11,025.00 4.53% 0.21%04.5000% MAT 10/20/25FIXED RATE CD

99.19 0.24%
GREENSTATE CREDIT IA US 245,000.00 100.00 245,000.00 226,748.67 0.00 -18,251.33 -7.45% 2,327.50 1.03% 0.20%RT 00.9500% MAT 04/16/26FIXED RATE CD

92.48 0.22%
HOME LN INVT BK RI US RT 245,000.00 100.00 245,000.00 230,346.01 0.00 -14,653.99 -5.98% 980.00 0.43% 0.20%00.4000% MAT 08/29/25FIXED RATE CD

93.99 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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 9 of 40 Item #5. Page 12
Meeting Date: 5/28/2024 / Packet Page #: 66
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
HORIZON BK NE US RT 245,000.00 100.00 245,000.00 236,291.29 0.00 -8,708.71 -3.55% 3,185.00 1.35% 0.21%01.3000% MAT 04/15/25FIXED RATE CD

96.39 0.23%
JPMORGAN CHASE BK OH 245,000.00 100.00 245,000.00 230,556.11 0.00 -14,443.89 -5.90% 1,715.00 0.74% 0.20%US RT 00.7000% MAT09/30/25 FIXED RATE CD

94.05 0.22%
LAFAYETTE FED CRED MD 245,000.00 100.00 245,000.00 234,630.53 0.00 -10,369.47 -4.23% 7,962.50 3.39% 0.20%US RT 03.2500% MAT06/15/27 LICU SHARECERTIFICATE

95.63 0.23%
LEADER BK NA MA US RT 245,000.00 100.00 245,000.00 243,850.92 0.00 -1,149.08 -0.47% 12,740.00 5.22% 0.21%05.2000% MAT 04/26/29FIXED RATE CD

99.47 0.24%
LIVE OAK BKG CO NC US RT 245,000.00 100.00 245,000.00 223,389.93 0.00 -21,610.07 -8.82% 1,960.00 0.88% 0.19%00.8000% MAT 08/13/26FIXED RATE CD

91.12 0.22%
MCHENRY SVGS BK IL US RT 245,000.00 100.00 245,000.00 240,045.60 0.00 -4,954.40 -2.02% 4,287.50 1.79% 0.21%01.7500% MAT 11/29/24FIXED RATE CD

97.97 0.23%
MEDALLION BK UT US RT 245,000.00 100.00 245,000.00 231,507.85 0.00 -13,492.15 -5.51% 1,347.50 0.58% 0.20%00.5500% MAT 07/30/25FIXED RATE CD

94.49 0.23%
METRO CREDIT UNION MA 245,000.00 100.00 245,000.00 225,368.32 0.00 -19,631.68 -8.01% 4,165.00 1.85% 0.20%US RT 01.7000% MAT02/18/27 LICU SHARECERTIFICATE

91.85 0.22%
MONEY ONE FED CRED MD 248,000.00 100.60 249,480.19 245,170.86 -12,784.99 -4,309.33 -1.73% 4,960.00 2.02% 0.21%US RT 02.0000% MAT09/23/24 FIXED RATE CD

98.65 0.24%
MORGAN STANLEY BK UT 245,000.00 100.00 245,000.00 244,296.01 0.00 -703.99 -0.29% 10,412.50 4.26% 0.21%US RT 04.2500% MAT02/02/26 FIXED RATE CD

98.69 0.24%
MORGAN STANLEY PRV NY 245,000.00 100.00 245,000.00 243,328.13 0.00 -1,671.87 -0.68% 4,900.00 2.01% 0.21%US RT 02.0000% MAT08/22/24 FIXED RATE CD

98.95 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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 10 of 40 Item #5. Page 13
Meeting Date: 5/28/2024 / Packet Page #: 67
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
MORTON CMNTY BK IL US 245,000.00 100.00 245,000.00 233,240.20 0.00 -11,759.80 -4.80% 1,470.00 0.63% 0.20%RT 00.6000% MAT 06/19/25FIXED RATE CD

95.18 0.23%
NEW ORLEANS FIREME LA 245,000.00 100.00 245,000.00 248,841.80 0.00 3,841.80 1.57% 12,250.00 4.92% 0.22%US RT 05.0000% MAT07/17/28 FIXED RATE CD 101.39 0.24%
NEW YORK CMNTY BK NY 245,000.00 100.00 245,000.00 224,400.33 0.00 -20,599.67 -8.41% 1,715.00 0.76% 0.19%US RT 00.7000% MAT07/01/26 FIXED RATE CD

91.36 0.22%
OCEANFIRST BK NA NJ US 245,000.00 100.00 245,000.00 246,811.05 0.00 1,811.05 0.74% 7,962.50 3.23% 0.21%RT 03.2500% MAT 07/01/24FIXED RATE CD

99.64 0.24%
PACIFIC CREST SVGS WA US 245,000.00 100.00 245,000.00 235,587.10 0.00 -9,412.90 -3.84% 2,940.00 1.25% 0.20%RT 01.2000% MAT 04/30/25FIXED RATE CD

96.16 0.23%
PACIFIC WSTN BK CA US RT 245,000.00 100.00 245,000.00 236,368.11 0.00 -8,631.89 -3.52% 3,307.50 1.40% 0.21%01.3500% MAT 04/16/25FIXED RATE CD

96.43 0.23%
PENTAGON FED CREDI VA 245,000.00 100.00 245,000.00 225,208.63 0.00 -19,791.37 -8.08% 4,165.00 1.85% 0.20%US RT 01.7000% MAT02/18/27 CREDIT UNIONSHARE CERT

91.87 0.22%
PREMIER CMNTY BK WI US 245,000.00 100.00 245,000.00 245,755.67 0.00 755.67 0.31% 12,740.00 5.18% 0.21%RT 05.2000% MAT 12/13/27FIXED RATE CD 100.05 0.24%
RAYMOND JAMES BK N FL 245,000.00 100.00 245,000.00 242,692.30 0.00 -2,307.70 -0.94% 4,410.00 1.82% 0.21%US RT 01.8000% MAT11/08/24 FIXED RATE CD

98.20 0.24%
SALLIE MAE BANK UT US RT 245,000.00 100.00 245,000.00 245,638.21 0.00 638.21 0.26% 8,207.50 3.34% 0.21%03.3500% MAT 08/05/24FIXED RATE CD

99.46 0.24%
SAN FRANCISCO FED CA US 245,000.00 100.00 245,000.00 236,155.60 0.00 -8,844.40 -3.61% 2,695.00 1.14% 0.21%RT 01.1000% MAT 03/27/25LICU SHARE CERTIFICATE

96.38 0.23%
SAVOY BK NY US RT 245,000.00 100.00 245,000.00 234,374.99 0.00 -10,625.01 -4.34% 1,960.00 0.84% 0.20%00.8000% MAT 05/13/25FIXED RATE CD

95.63 0.23%
(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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 11 of 40 Item #5. Page 14
Meeting Date: 5/28/2024 / Packet Page #: 68
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
SOMERSET TRUST CO PA US 245,000.00 100.00 245,000.00 236,187.69 0.00 -8,812.31 -3.60% 2,450.00 1.04% 0.21%RT 01.0000% MAT 03/19/25FIXED RATE CD

96.37 0.23%
STATE BANK OF INDI NY US 245,000.00 100.00 245,000.00 227,114.43 0.00 -17,885.57 -7.30% 2,205.00 0.97% 0.20%RT 00.9000% MAT 03/25/26FIXED RATE CD

92.61 0.22%
STOCKMAN BK MT US RT 245,000.00 100.00 245,000.00 234,777.19 0.00 -10,222.81 -4.17% 1,470.00 0.63% 0.20%00.6000% MAT 06/10/25FIXED RATE CD

95.59 0.23%
SYNCHRONY BANK UT US 245,000.00 100.00 245,000.00 238,554.69 0.00 -6,445.31 -2.63% 4,900.00 2.05% 0.21%RT 02.0000% MAT 03/25/25FIXED RATE CD

97.17 0.23%
TECHNOLOGY CREDIT CA 245,000.00 100.00 245,000.00 246,010.04 0.00 1,010.04 0.41% 12,250.00 4.98% 0.21%US RT 05.0000% MAT03/23/26 CREDIT UNIONSHARE CERT 100.02 0.24%
TEXAS EXCHANGE BK TX US 245,000.00 100.00 245,000.00 228,841.04 0.00 -16,158.96 -6.60% 1,470.00 0.64% 0.20%RT 00.6000% MAT 10/23/25FIXED RATE CD

93.39 0.22%
THIRD FED S&L ASSN OH US 245,000.00 100.00 245,000.00 242,471.03 0.00 -2,528.97 -1.03% 4,777.50 1.97% 0.21%RT 01.9500% MAT 11/25/24FIXED RATE CD

98.13 0.24%
TOYOTA FINL SVG BK NV US 245,000.00 100.00 245,000.00 226,335.23 0.00 -18,664.77 -7.62% 2,205.00 0.97% 0.20%RT 00.9000% MAT 04/22/26FIXED RATE CD

92.36 0.22%
UBS BANK UT US RT 245,000.00 100.00 245,000.00 224,823.28 0.00 -20,176.72 -8.24% 2,082.50 0.93% 0.20%00.8500% MAT 06/16/26FIXED RATE CD

91.73 0.22%
USALLIANCE FED CRE NY US 245,000.00 100.00 245,000.00 229,858.60 0.00 -15,141.40 -6.18% 1,225.00 0.53% 0.20%RT 00.5000% MAT 09/29/25FIXED RATE CD

93.78 0.22%
VALLEY STRONG CRED CA 240,000.00 100.00 240,000.00 239,335.86 0.00 -664.14 -0.28% 6,840.00 2.86% 0.21%US RT 02.8500% MAT06/21/24 FIXED RATE CD

99.65 0.23%
(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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 12 of 40 Item #5. Page 15
Meeting Date: 5/28/2024 / Packet Page #: 69
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
US Fixed Income
VALLEYSTAR CR UN M VA 245,000.00 100.00 245,000.00 245,342.97 0.00 342.97 0.14% 12,250.00 4.99% 0.21%US RT 05.0000% MAT03/20/26 LICU SHARECERTIFICATE 100.00 0.24%
VIGO CNTY FED CR U IN US 245,000.00 100.00 245,000.00 245,314.51 0.00 314.51 0.13% 12,862.50 5.24% 0.21%RT 05.2500% MAT 07/16/24LICU SHARE CERTIFICATE

99.93 0.24%
WEBBANK UT US RT 245,000.00 100.00 245,000.00 244,430.79 0.00 -569.21 -0.23% 857.50 0.35% 0.21%00.3500% MAT 05/28/24FIXED RATE CD

99.62 0.24%
WELLS FARGO BK NA SD US 245,000.00 100.00 244,987.75 240,686.99 0.00 -4,300.76 -1.76% 10,045.00 4.17% 0.21%RT 04.1000% MAT 02/06/29FIXED RATE CD

97.97 0.23%
Total US Fixed Income $17,967,196.63 $17,377,199.85 $-13,473.29 $-589,996.78 -3.28% $386,341.00 2.22% 16.93% 15.09% Government
FEDERAL FARM CREDIT 2,000,000.00 100.00 2,000,000.00 1,956,558.33 0.00 -43,441.67 -2.17% 19,400.00 0.99% 1.70%BANK 00.970 % DUE120924 DTD 120921 FC06092022

97.45 1.91%
FFCB BOND 00.440 % DUE 2,000,000.00 100.00 2,000,000.00 1,961,324.44 0.00 -38,675.56 -1.93% 8,800.00 0.45% 1.70%092324 DTD 092321 FC03232022

98.02 1.91%
FFCB BOND 00.600 % DUE 2,000,000.00 100.00 2,000,000.00 1,904,546.67 0.00 -95,453.33 -4.77% 12,000.00 0.63% 1.65%061625 DTD 061621 FC12162021

95.00 1.86%
FFCB BOND 00.600 % DUE 2,000,000.00 100.00 2,000,000.00 1,868,960.00 0.00 -131,040.00 -6.55% 12,000.00 0.64% 1.62%112425 DTD 112420 FC05242021

93.19 1.82%
FFCB BOND 00.610 % DUE 2,000,000.00 100.00 2,000,000.00 1,908,800.56 0.00 -91,199.44 -4.56% 12,200.00 0.64% 1.66%052325 DTD 082321 FC11232021

95.17 1.86%
FFCB BOND 00.660 % DUE 2,000,000.00 100.00 2,000,000.00 1,883,210.00 0.00 -116,790.00 -5.84% 13,200.00 0.70% 1.64%091525 DTD 091521 FC03152022

94.08 1.83%
(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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 13 of 40 Item #5. Page 16
Meeting Date: 5/28/2024 / Packet Page #: 70
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
Government
FFCB BOND 00.680 % DUE 2,000,000.00 100.00 2,000,000.00 1,911,962.22 0.00 -88,037.78 -4.40% 13,600.00 0.71% 1.66%051925 DTD 051921 FC11192021

95.29 1.86%
FFCB BOND 00.710 % DUE 2,000,000.00 100.00 2,000,000.00 1,913,655.00 0.00 -86,345.00 -4.32% 14,200.00 0.74% 1.66%042125 DTD 042121 FC10212021

95.67 1.86%
FFCB BOND 01.840 % DUE 2,000,000.00 100.00 2,000,000.00 1,850,768.89 0.00 -149,231.11 -7.46% 36,800.00 1.99% 1.61%012627 DTD 012622 FC07262022

92.06 1.80%
FFCB NTS 00.940 % DUE 2,000,000.00 100.00 2,000,000.00 1,813,271.11 0.00 -186,728.89 -9.34% 18,800.00 1.04% 1.57%092826 DTD 092821 FC03282022

90.58 1.77%
FHLB BOND 00.625 % DUE 2,000,000.00 100.00 2,000,000.00 1,904,366.67 0.00 -95,633.33 -4.78% 12,500.00 0.66% 1.65%063025 DTD 063021 FC12302021

95.01 1.86%
FHLB BOND 01.050 % DUE 1,000,000.00 96.84 968,385.25 915,825.83 0.00 -52,559.42 -5.43% 10,500.00 1.15% 0.80%081326 DTD 081321 FC02132022

91.36 0.89%
FHLB BOND 01.780 % DUE 2,000,000.00 100.00 2,000,000.00 1,838,371.11 0.00 -161,628.89 -8.08% 35,600.00 1.94% 1.60%021027 DTD 021022 FC08102022

91.52 1.79%
FHLB BOND 02.010 % DUE 3,215,000.00 95.65 3,075,098.40 2,973,068.57 0.00 -102,029.83 -3.32% 64,621.50 2.17% 2.58%022527 DTD 022522 FC08252022

92.11 2.90%
FHLB BOND 05.400 % DUE 2,000,000.00 100.00 2,000,004.13 2,013,280.00 -1.12 13,275.87 0.66% 108,000.00 5.36% 1.75%022428 DTD 022423 FC08242023

99.67 1.96%
FHLB BOND 05.450 % DUE 490,000.00 100.00 490,000.00 492,176.14 0.00 2,176.14 0.44% 26,705.00 5.43% 0.43%031627 DTD 121622 FC03162023

99.78 0.48%
FHLB BOND 05.650 % DUE 2,000,000.00 100.00 2,000,004.31 1,998,587.78 -0.94 -1,416.53 -0.07% 113,000.00 5.65% 1.74%042828 DTD 042823 FC10282023

99.90 1.95%
FHLB BOND STEP-UP 2,000,000.00 100.00 2,000,000.00 1,864,793.33 0.00 -135,206.67 -6.76% 17,500.00 0.94% 1.62%0.875% DUE 063026 DTD063021 FC 12302021

92.95 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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 14 of 40 Item #5. Page 17
Meeting Date: 5/28/2024 / Packet Page #: 71
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
Government
FHLB NTS 1.0500% DUE 2,000,000.00 100.00 2,000,000.00 1,854,950.00 0.00 -145,050.00 -7.25% 21,000.00 1.13% 1.61%033026 DTD 033021 FC09302021

92.66 1.81%
FHLB NTS 1.1500% DUE 2,000,000.00 100.00 2,000,000.00 1,833,628.89 0.00 -166,371.11 -8.32% 23,000.00 1.25% 1.59%082626 DTD 082621 FC02262022

91.48 1.79%
FHLB NTS 1.5000% DUE 2,000,000.00 100.00 2,000,000.00 1,863,680.00 0.00 -136,320.00 -6.82% 30,000.00 1.61% 1.62%063026 DTD 063021 FC12302021

92.68 1.82%
FHLMC MED TERM NTS 1,000,000.00 99.85 998,500.00 946,567.22 0.00 -51,932.78 -5.20% 5,000.00 0.53% 0.82%00.500 % DUE 072325 DTD072320 FC 01232021

94.52 0.92%
FHLMC MED TERM NTS 2,000,000.00 100.00 2,000,000.00 1,913,284.44 0.00 -86,715.56 -4.34% 14,600.00 0.76% 1.66%00.730 % DUE 052825 DTD052820 FC 11282020

95.36 1.86%
FHLMC MED TERM NTS 2,000,000.00 100.00 2,000,000.00 2,012,492.22 0.00 12,492.22 0.62% 61,000.00 3.03% 1.75%03.050 % DUE 062824 DTD062822 FC 12282022

99.59 1.96%
FHLMC MED TERM NTS 1,000,000.00 100.00 1,000,000.00 1,002,795.00 0.00 2,795.00 0.28% 51,000.00 5.09% 0.87%05.100 % DUE 012728 DTD013023 FC 07272023

98.96 0.98%
FHLMC MED TERM NTS 1,175,000.00 100.00 1,175,000.00 1,187,950.46 0.00 12,950.46 1.10% 62,275.00 5.24% 1.03%05.300 % DUE 012726 DTD012723 FC 07272023

99.73 1.16%
FNMA NTS 00.500 % DUE 1,000,000.00 100.00 999,950.00 942,895.56 0.00 -57,054.44 -5.71% 5,000.00 0.53% 0.82%081425 DTD 081420 FC02142021

94.18 0.92%
FNMA NTS 00.540 % DUE 2,000,000.00 100.00 2,000,000.00 1,868,510.00 0.00 -131,490.00 -6.57% 10,800.00 0.58% 1.62%102725 DTD 102720 FC04272021

93.42 1.82%
FNMA NTS 00.560 % DUE 2,000,000.00 100.00 2,000,000.00 1,869,291.11 0.00 -130,708.89 -6.54% 11,200.00 0.60% 1.62%111725 DTD 111720 FC05172021

93.21 1.82%
FNMA NTS 04.125 % DUE 988,000.00 99.59 983,948.13 980,328.18 0.00 -3,619.95 -0.37% 40,755.00 4.16% 0.85%082825 DTD 083022 FC02282023

98.54 0.96%
(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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 15 of 40 Item #5. Page 18
Meeting Date: 5/28/2024 / Packet Page #: 72
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
Government
INTL FIN CORP NTS 00.500 2,000,000.00 100.00 2,000,000.00 1,866,903.33 0.00 -133,096.67 -6.65% 10,000.00 0.54% 1.62%% DUE 051526 DTD 052821FC 11152021

93.12 1.82%
US TSY NOTE 01.125 % DUE 1,000,000.00 98.21 982,052.13 910,820.00 0.00 -71,232.13 -7.25% 11,250.00 1.24% 0.79%10/31/26 DTD 10/31/21 FC04/30/22

91.08 0.89%
US TSY NOTE 01.750 % DUE 1,500,000.00 97.67 1,465,036.50 1,473,985.96 0.00 8,949.46 0.61% 26,250.00 1.78% 1.28%12/31/24 DTD 12/31/19 FC06/30/20

97.68 1.44%
US TSY NOTE 02.375 % DUE 1,000,000.00 99.71 997,067.75 996,143.54 0.00 -924.21 -0.09% 23,750.00 2.38% 0.86%08/15/24 DTD 08/15/14 FC02/15/15

99.13 0.97%
Total Government $59,135,046.60 $56,497,752.58 $-2.06 $-2,637,294.02 -4.46% $956,306.50 1.69% 55.04% 49.05% Municipals
SULPHUR SPRINGS CAL UNI 250,000.00 100.00 250,000.00 251,704.66 0.00 1,704.66 0.68% 12,872.50 5.11% 0.22%TAX SR F BE/R/ 5.149090124 DTD 110322

99.84 0.25%
Total Municipals $250,000.00 $251,704.66 $0.00 $1,704.66 0.68% $12,872.50 5.11% 0.25% 0.22%Corporate IG Credit AMAZON COM INC NTS B/E 1,000,000.00 100.11 1,001,066.69 956,976.67 -3,756.01 -44,090.02 -4.40% 8,000.00 0.84% 0.83%00.800% 060325DTD060320CALL@MW+10BP

95.37 0.93%
CATERPILLAR FINL SERVICE 2,026,000.00 100.78 2,041,720.00 1,957,249.38 -54,725.21 -84,470.62 -4.14% 29,377.00 1.50% 1.70%01.450% 051525DTD051520 FC111520CALL@MW+20BP

95.94 1.91%
CHARLES SCHWAB CORP 2,000,000.00 99.49 1,989,860.00 1,842,030.00 0.00 -147,830.00 -7.43% 18,000.00 0.98% 1.60%NTS 00.900% 031126DTD121120 FC031121CALL@MW+10BP

91.98 1.79%
(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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 16 of 40 Item #5. Page 19
Meeting Date: 5/28/2024 / Packet Page #: 73
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
Corporate IG Credit
COMCAST CORP NEW B/E 1,000,000.00 103.34 1,033,416.77 981,231.25 -85,724.77 -52,185.52 -5.05% 33,750.00 3.44% 0.85%03.375% 081525DTD052715 FC081515CALL@MW+20BP

97.42 0.96%
E I DU PONT DE NEMOURS 2,141,000.00 100.90 2,160,316.36 2,053,408.12 -46,477.90 -106,908.24 -4.95% 36,397.00 1.77% 1.78%01.700% 071525DTD051520 FC011521CALL@MW+25BP

95.41 2.00%
HONEYWELL INTL NTS B/E 1,122,000.00 100.36 1,126,084.37 1,116,717.25 -54,960.50 -9,367.12 -0.83% 25,806.00 2.31% 0.97%02.300% 081524DTD080819CALL@MW+10BP

99.05 1.09%
IBM CORP NTS B/E 03.000% 1,664,000.00 100.09 1,665,507.95 1,685,216.00 -137,320.26 19,708.05 1.18% 49,920.00 2.96% 1.46%051524 DTD051519FC111519CALL@MW+15BP

99.90 1.64%
INTEL CORP NTS B/E 1,054,000.00 102.55 1,080,891.10 1,037,584.54 -106,796.55 -43,306.56 -4.01% 35,836.00 3.45% 0.90%03.400% 032525DTD032520CALL@MW+45BP

98.11 1.01%
JOHN DEERE CAPITAL CORP 1,124,000.00 101.05 1,135,838.94 1,105,533.62 -57,177.16 -30,305.32 -2.67% 23,042.00 2.08% 0.96%02.050% 010925DTD010920 FC070920 NTSB/E

97.73 1.08%
JOHN DEERE CPTL CORP 2,000,000.00 100.07 2,001,354.21 1,856,083.33 -2,547.98 -145,270.88 -7.26% 14,000.00 0.75% 1.61%00.700% 011526DTD010721 FC071521 MEDTERM NTS

92.60 1.81%
JPMORGAN CHASE & CO 1,200,000.00 100.00 1,200,000.00 1,086,266.67 0.00 -113,733.33 -9.48% 9,600.00 0.88% 0.94%00.800% 022626DTD022621 FC082621 MEDTERM NTS

90.38 1.06%
JPMORGAN CHASE & CO 1,017,000.00 101.49 1,032,109.46 1,007,684.42 -77,799.88 -24,425.04 -2.37% 31,781.25 3.15% 0.87%B/E 03.125% 012325DTD012315 FC072315

98.24 0.98%
(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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 17 of 40 Item #5. Page 20
Meeting Date: 5/28/2024 / Packet Page #: 74
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)
Unrealized
gain/loss ($)
Unrealized
gain/loss
Quantity (%)
Current
Cost basis ($) yield (%)
Est. annual
income ($)
Purchase
price ($) /
Avg Price Market value ($)
Amort/Accr.($)
as of
Fixed Income 04/30/2024
Price on
04/30/2024
($)
% of
Fixed
Income
% of
portfolio
US
Corporate IG Credit
MASTERCARD INC NTS B/E 2,000,000.00 100.73 2,014,602.81 1,950,813.33 -68,085.22 -63,789.48 -3.17% 40,000.00 2.05% 1.69%02.000% 030325DTD120319 FC030320CALL@MW+10BP

97.22 1.90%
MICROSOFT CORP B/E 1,000,000.00 101.67 1,016,746.12 985,360.00 -77,683.16 -31,386.12 -3.09% 27,000.00 2.74% 0.86%02.700% 021225DTD021215 FC081215CALL@MW+12.5BP

97.95 0.96%
MORGAN STANLEY FIN LLC 2,000,000.00 100.00 2,000,000.00 1,766,095.00 0.00 -233,905.00 -11.70% 21,000.00 1.19% 1.53%01.050% 082726DTD082721 FC022722 MEDTERM NTS

88.12 1.72%
TARGET CORP NTS B/E 2,000,000.00 101.32 2,026,386.75 1,943,175.00 -105,989.56 -83,211.75 -4.11% 45,000.00 2.32% 1.69%02.250% 041525DTD033120 FC101520CALL@MW+30BP

97.07 1.89%
TOYOTA MOTOR CRDT 2,000,000.00 99.45 1,988,920.00 1,966,031.94 0.00 -22,888.06 -1.15% 12,500.00 0.64% 1.71%CORP 00.625% 091324DTD091321 FC031322 NTSB/E

98.22 1.92%
TRUIST BANK NTS B/E 1,386,000.00 100.49 1,392,788.08 1,369,589.76 -45,592.39 -23,198.32 -1.67% 29,799.00 2.18% 1.19%02.150% 120624DTD120619 FC060620

97.96 1.33%
UNITED HEALTH GROUP INC 2,000,000.00 100.10 2,001,979.45 1,851,281.67 -2,783.21 -150,697.78 -7.53% 23,000.00 1.24% 1.61%01.150% 051526DTD051921 FC111521CALL@MW+07.50BP

92.04 1.80%
Total Corporate IG Credit $29,909,589.06 $28,518,327.94 $-927,419.76 $-1,391,261.12 -4.65% $513,808.25 1.80% 27.78% 24.76% Total US $102,644,985.03 $-940,895.11 89.12% $107,261,832.29 $-4,616,847.26 -4.30% $1,869,328.25 1.82% 100% $102,644,985.03 $-940,895.11 89.12% $107,261,832.29 Total Fixed Income $-4,616,847.26 -4.30% $1,869,328.25 1.82% 100% (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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 18 of 40 Item #5. Page 21
Meeting Date: 5/28/2024 / Packet Page #: 75
Consolidated report prepared for City of Glendora
Portfolio Holdingsas of April 30, 2024 (continued)Total Portfolio $115,173,333.70 $-4,616,847.26 -4.19% $2,361,415.87 2.05% 100% $110,309,660.16 100% Unrealized
gain/loss
(%)
Unrealized
gain/loss ($)
% of
asset
class
Est. annual
Cost basis ($) income ($)
Current
Market value ($) yield (%)
% of
portfolio
Total accrued interest (included in market values): $383,409.73(1)Assets held at other financial institutions are included in this report. We have not verified, and are not responsible for, the accuracy or completeness of this information.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 19 of 40 Item #5. Page 22
Meeting Date: 5/28/2024 / Packet Page #: 76
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024Summary of Bond HoldingsMaturityYear Yield to
maturity (%)
Yield to
worst (%)
Unrealized
Issues gain/loss ($) Mkt. value ($)
Est. annual
income ($)
Adjusted
cost basis ($)
Modified
duration
Current
Quantity yield (%) % of bond portfolio maturing
2024 26 18,814,000 362,183.00 1.95% 5.45% 5.45% 0.38 18,778,884.84 -219,732.55 18,663,425.76

18.15%
2025 51 44,073,000 556,338.75 1.32% 5.29% 5.29% 1.10 44,248,583.28 -2,150,706.92 42,216,867.64

41.17%
2026 31 28,540,000 389,885.00 1.48% 5.43% 5.43% 1.98 28,483,631.04 -2,087,373.99 26,479,225.88

25.81%
2027 12 9,665,000 228,651.50 2.54% 5.02% 5.01% 2.60 9,525,736.94 -524,046.34 9,042,552.19

8.80%
2028 6 5,735,000 309,485.00 5.41% 5.46% 5.43% 3.27 5,735,008.44 -12,147.24 5,758,375.65

5.60%
2029 2 490,000 22,785.00 4.71% 4.95% 4.95% 4.35 489,987.75 -6,249.95 484,537.91

0.47%
2030 0 0 N/A N/A N/A2031 0 0 N/A N/A N/A2032 0 0 N/A N/A N/A2033 0 0 N/A N/A N/A2034 0 0 N/A N/A N/A2035 0 0 N/A N/A N/A2036 0 0 N/A N/A N/A2037 0 0 N/A N/A N/A2038 0 0 N/A N/A N/A2039 0 0 N/A N/A N/A2040 0 0 N/A N/A N/A2041 0 0 N/A N/A N/A2042 0 0 N/A N/A N/A2043 0 0 N/A N/A N/A2044 0 0 N/A N/A N/A2045 0 0 N/A N/A N/A2046 0 0 N/A N/A N/A2047 0 0 N/A N/A N/A2048 0 0 N/A N/A N/A2049 0 0 N/A N/A N/A2049 + 0 0 N/A N/A N/AOther 0 0 N/A N/A N/ATotal 128 107,317,000 $1,869,328.25 1.83% 5.33% 5.33% 1.42 $107,261,832.29 $-5,000,256.99 $102,644,985.03Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 20 of 40 Item #5. Page 23
Meeting Date: 5/28/2024 / Packet Page #: 77
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (continued)
Effective rating/
Underlying rating
(Mdy/Fitch/S&P)
Mkt. value ($)/
Accr. interest ($)
Adjusted
cost basis ($)/
Unreal. g/l ($)
Call date/
Coupon Call price ($)
Modified
duration
YTM (%)/
Quantity YTW (%)
Effective
maturity
% of
bond
port.

Market
price ($)

5.33%5.33%
11/22/2025 N/A 1.42$107,261,832.2 N/A $102,261,575.30
$-5,000,256.99
107,317,000

1.83% $383,409.73

1.77% $1,869,328.25 100%
$102,644,985.03
Total Bond Portfolio
Details of Bond Holdings
Est. annual
income ($)/
Curr. yield (%)
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 ($)/
Unreal. g/l ($)
1,664,000 1,665,507.95 99.900
22,880.00

3.00%

3.00% -3,171.95
05/15/2024 0.04 1,662,336.00 1.63%

5.33%
49,920.00 5.33%

NR/NR/NR
A3/A-/A- IBM CORP NTS B/E 03.000%
051524 DTD051519FC111519 CALL@MW+15BP
245,000 245,000.00 99.614

0.00 0.30%

0.30% -945.70
05/28/2024 0.08 244,054.30 0.24%

5.35%
CONNEXUS CREDIT UN WI 735.00 5.35%US RT 00.3000% MAT05/28/24 CREDIT UNIONSHARE CERT /WI CD
245,000 245,000.00 99.620
361.79

0.35%

0.35% -931.00
05/28/2024 0.08 244,069.00 0.24%

5.33%
WEBBANK UT US RT 857.50 5.33%00.3500% MAT 05/28/24FIXED RATE CD /UT CD
240,000 240,000.00 99.653
168.66

2.85%

2.86% -832.80
06/21/2024 05/21/2024 0.14 239,167.20 0.23%

5.30%5.30%
100.00
VALLEY STRONG CRED CA 6,840.00US RT 02.8500% MAT06/21/24 FIXED RATE CD /CA CD
245,000 245,000.00 99.504
1,344.14

2.25%

2.26% -1,215.20
06/28/2024 0.16 243,784.80 0.24%

5.32%
COMMUNITYWIDE FED IN US 5,512.50 5.32%RT 02.2500% MAT 06/28/24FIXED RATE CD /IN CD
2,000,000 2,000,000.00 99.591
20,672.22

3.05%

3.06% -8,180.00
06/28/2024 0.16 1,991,820.00 1.95%

5.55%
61,000.00 5.55%

NR/NR/NR
FHLMC MED TERM NTS Aaa/AA+/AA+03.050 % DUE 062824 DTD062822 FC 12282022 245,000 245,000.00 99.644
2,683.25

3.25%

3.26% -872.20
07/01/2024 0.17 244,127.80 0.24%

5.31%
OCEANFIRST BK NA NJ US RT 7,962.50 5.31%03.2500% MAT 07/01/24FIXED RATE CD /NJ CD
245,000 245,000.00 99.958
4,955.71

5.35%

5.35% -102.90
07/05/2024 0.18 244,897.10 0.24%

5.51%
CADENCE BANK MS US RT 13,107.50 5.51%05.3500% MAT 07/05/24FIXED RATE CD /MS CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 21 of 40 Item #5. Page 24
Meeting Date: 5/28/2024 / Packet Page #: 78
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 99.927
493.36

5.25%

5.25% -178.85
07/16/2024 0.21 244,821.15 0.24%

5.60%
VIGO CNTY FED CR U IN US 12,862.50 5.60%RT 05.2500% MAT 07/16/24LICU SHARE CERTIFICATE /IN CD
245,000 245,000.00 99.462
1,956.31

3.35%

3.37% -1,318.10
08/05/2024 0.26 243,681.90 0.24%

5.37%
SALLIE MAE BANK UT US RT 8,207.50 5.37%03.3500% MAT 08/05/24FIXED RATE CD /UT CD
1,122,000 1,126,084.37 99.050
5,376.25

2.30%

2.32% -14,743.37
08/15/2024 07/15/2024 0.29 1,111,341.00 1.09%

5.58%5.58%
100.00
25,806.00

NR/NR/NR
HONEYWELL INTL NTS B/E A2/A/A02.300% 081524DTD080819CALL@MW+10BP 1,000,000 997,067.75 99.125
4,893.54

2.38%

2.40% -5,817.75
08/15/2024 0.71 991,250.00 0.97%

5.37%
23,750.00 5.37%

NR/NR/NR
US TSY NOTE 02.375 % DUE Aaa/AA+/NR08/15/24 DTD 08/15/14 FC02/15/15 245,000 245,000.00 98.945
912.88

2.00%

2.02% -2,584.75
08/22/2024 0.31 242,415.25 0.24%

5.42%
MORGAN STANLEY PRV NY 4,900.00 5.42%US RT 02.0000% MAT08/22/24 FIXED RATE CD /NY CD
245,000 245,000.00 98.844

0.00 1.85%

1.87% -2,832.20
08/30/2024 0.33 242,167.80 0.24%

5.35%
FIRST NATL BK KS US RT 4,532.50 5.35%01.8500% MAT 08/30/24FIXED RATE CD /KS CD
245,000 245,000.00 98.828

0.00 1.80%

1.82% -2,871.40
08/30/2024 0.33 242,128.60 0.24%

5.35%
FIRST ST BK AR US RT 4,410.00 5.35%01.8000% MAT 08/30/24FIXED RATE CD /AR CD
250,000 250,000.00 99.838
2,109.66

5.15%

5.16% -405.00
09/01/2024 0.33 249,595.00 0.24%

5.59%
12,872.50 5.59%

NR/NR/NR
SULPHUR SPRINGS CAL UNI NR/NR/AATAX SR F BE/R/ 5.149 090124DTD 110322 /CA 2,000,000 1,988,920.00 98.220
1,631.94

0.63%

0.64% -24,520.00
09/13/2024 0.36 1,964,400.00 1.92%

5.54%
12,500.00 5.54%

NR/NR/NR
TOYOTA MOTOR CRDT A1/A+/A+CORP 00.625% 091324DTD091321 FC031322 NTSB/E 2,000,000 2,000,000.00 98.021
904.44

0.44%

0.45% -39,580.00
09/23/2024 0.39 1,960,420.00 1.92%

5.53%
8,800.00 5.53%

NR/NR/NR
FFCB BOND 00.440 % DUE Aaa/AA+/AA+092324 DTD 092321 FC03232022 248,000 249,480.19 98.651
516.38

2.00%

2.03% -4,825.71
09/23/2024 0.39 244,654.48 0.24%

5.43%
MONEY ONE FED CRED MD 4,960.00 5.43%US RT 02.0000% MAT09/23/24 FIXED RATE CD/MD CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 22 of 40 Item #5. Page 25
Meeting Date: 5/28/2024 / Packet Page #: 79
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 ($)/
Unreal. g/l ($)
219,000 219,000.00 98.215

0.00 1.70%

1.73% -3,909.15
10/31/2024 N/A 215,090.85 0.21%
N/A
CITIZENS ST BK CLA WI US 3,723.00 N/ART 01.7000% MAT 10/31/24FIXED RATE CD /WI CD
245,000 245,000.00 98.200
2,102.30

1.80%

1.83% -4,410.00
11/08/2024 0.51 240,590.00 0.24%

5.31%
RAYMOND JAMES BK N FL 4,410.00 5.31%US RT 01.8000% MAT11/08/24 FIXED RATE CD /FL CD
245,000 245,000.00 98.129
2,054.98

1.95%

1.99% -4,583.95
11/25/2024 0.55 240,416.05 0.24%

5.30%
THIRD FED S&L ASSN OH US 4,777.50 5.30%RT 01.9500% MAT 11/25/24FIXED RATE CD /OH CD
245,000 245,000.00 97.973

11.75 1.75%

1.79% -4,966.15
11/29/2024 0.58 240,033.85 0.23%

5.28%
MCHENRY SVGS BK IL US RT 4,287.50 5.28%01.7500% MAT 11/29/24FIXED RATE CD /IL CD
1,386,000 1,392,788.08 97.956
11,919.60

2.15%

2.19% -35,117.92
12/06/2024 11/06/2024 0.58 1,357,670.16 1.33%

5.66%5.66%
100.00
29,799.00

NR/NR/NR
TRUIST BANK NTS B/E A2/A/A02.150% 120624DTD120619 FC060620 2,000,000 2,000,000.00 97.448
7,598.33

0.97%

1.00% -51,040.00
12/09/2024 0.59 1,948,960.00 1.91%

5.29%
19,400.00 5.29%

NR/NR/NR
FEDERAL FARM CREDIT Aaa/AA+/AA+BANK 00.970 % DUE120924 DTD 120921 FC06092022 1,500,000 1,465,036.50 97.684
8,725.96

1.75%

1.79% 223.50
12/31/2024 0.65 1,465,260.00 1.43%

5.32%
26,250.00 5.32%

NR/NR/NR
US TSY NOTE 01.750 % DUE NR/AA+/NR12/31/24 DTD 12/31/19 FC06/30/20 Total 2024 18,814,000 1.93% 09/10/2024 $362,183.00

1.95%

5.45%5.45%

0.38$18,778,884.84
$-219,732.55
$18,559,152.29
$104,273.47

18.15%
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 23 of 40 Item #5. Page 26
Meeting Date: 5/28/2024 / Packet Page #: 80
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 ($)/
Unreal. g/l ($)
1,124,000 1,135,838.94 97.725
7,104.62

2.05%

2.10% -37,409.94
01/09/2025 0.67 1,098,429.00 1.07%

5.44%
23,042.00 5.44%

NR/NR/NR
JOHN DEERE CAPITAL CORP A1/A+/A02.050% 010925DTD010920 FC070920 NTSB/E 1,017,000 1,032,109.46 98.242
8,563.28

3.13%

3.18% -32,988.32
01/23/2025 10/23/2024 0.70 999,121.14 0.98%

5.61%5.61%
100.00
31,781.25

NR/NR/NR
A1/AA-/A- JPMORGAN CHASE & CO B/E

03.125% 012325DTD012315 FC072315
1,000,000 1,016,746.12 97.951
5,850.00

2.70%

2.76% -37,236.12
02/12/2025 11/12/2024 0.76 979,510.00 0.96%

5.40%5.40%
100.00
27,000.00

NR/NR/NR
MICROSOFT CORP B/E Aaa/WD/AAA02.700% 021225DTD021215 FC081215CALL@MW+12.5BP 245,000 245,000.00 97.084

32.22 1.60%

1.65% -7,144.20
02/27/2025 0.82 237,855.80 0.23%

5.20%
BELL ST B&T ND US RT 3,920.00 5.20%01.6000% MAT 02/27/25FIXED RATE CD /ND CD
245,000 245,000.00 97.124

33.23 1.65%

1.70% -7,046.20
02/27/2025 0.82 237,953.80 0.23%

5.20%
CITADEL FED CREDIT PA US 4,042.50 5.20%RT 01.6500% MAT 02/27/25CREDIT UNION SHARE CERT/PA CD
2,000,000 2,014,602.81 97.224
6,333.33

2.00%

2.06% -70,122.81
03/03/2025 02/03/2025 0.81 1,944,480.00 1.90%

5.41%5.41%
100.00
40,000.00

NR/NR/NR
MASTERCARD INC NTS B/E Aa3/NR/A+02.000% 030325DTD120319 FC030320CALL@MW+10BP 245,000 245,090.15 97.166
688.68

1.80%

1.85% -7,033.45
03/04/2025 0.82 238,056.70 0.23%

5.27%
BMW BANK NORTH AME UT 4,410.00 5.27%US RT 01.8000% MAT03/04/25 FIXED RATE CD /UT CD
245,000 245,000.00 96.373

73.84 1.00%

1.04% -8,886.15
03/19/2025 0.88 236,113.85 0.23%

5.20%
SOMERSET TRUST CO PA US 2,450.00 5.20%RT 01.0000% MAT 03/19/25FIXED RATE CD /PA CD
1,054,000 1,080,891.10 98.112
3,484.06

3.40%

3.47% -46,790.62
03/25/2025 02/25/2025 0.87 1,034,100.48 1.01%

5.57%5.57%
100.00
35,836.00

NR/NR/NR
A3/A-/A- INTEL CORP NTS B/E

03.400% 032525DTD032520CALL@MW+45BP
245,000 245,000.00 97.172
483.29

2.00%

2.06% -6,928.60
03/25/2025 0.88 238,071.40 0.23%

5.24%
SYNCHRONY BANK UT US RT 4,900.00 5.24%02.0000% MAT 03/25/25FIXED 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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 24 of 40 Item #5. Page 27
Meeting Date: 5/28/2024 / Packet Page #: 81
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 96.381

22.15 1.10%

1.14% -8,866.55
03/27/2025 0.90 236,133.45 0.23%

5.19%
SAN FRANCISCO FED CA US 2,695.00 5.19%RT 01.1000% MAT 03/27/25LICU SHARE CERTIFICATE/CA CD
245,000 245,000.00 96.392
130.89

1.30%

1.35% -8,839.60
04/15/2025 0.95 236,160.40 0.23%

5.16%
HORIZON BK NE US RT 3,185.00 5.16%01.3000% MAT 04/15/25FIXED RATE CD /NE CD
2,000,000 2,026,386.75 97.065
1,875.00

2.25%

2.32% -85,086.75
04/15/2025 03/15/2025 0.93 1,941,300.00 1.90%

5.43%5.43%
100.00
45,000.00

NR/NR/NR
TARGET CORP NTS B/E A2/A/A02.250% 041525DTD033120 FC101520CALL@MW+30BP 245,000 245,000.00 96.425
126.86

1.35%

1.40% -8,758.75
04/16/2025 0.93 236,241.25 0.23%

5.21%
PACIFIC WSTN BK CA US RT 3,307.50 5.21%01.3500% MAT 04/16/25FIXED RATE CD /CA CD
2,000,000 2,000,000.00 95.665
355.00

0.71%

0.74% -86,700.00
04/21/2025 0.95 1,913,300.00 1.87%

5.33%
14,200.00 5.33%

NR/NR/NR
FFCB BOND 00.710 % DUE Aaa/AA+/AA+042125 DTD 042121 FC10212021 245,000 245,000.00 96.005

0.00 1.00%

1.04% -9,787.75
04/30/2025 0.97 235,212.25 0.23%

5.15%
CENTERSTATE BK NA FL US 2,450.00 5.15%RT 01.0000% MAT 04/30/25FIXED RATE CD /FL CD
245,000 245,000.00 96.053

0.00 1.05%

1.09% -9,670.15
04/30/2025 0.97 235,329.85 0.23%

5.15%
FLAGSTAR BANK, FSB MI US 2,572.50 5.15%RT 01.0500% MAT 04/30/25FIXED RATE CD /MI CD
245,000 245,000.00 96.158

0.00 1.20%

1.25% -9,412.90
04/30/2025 0.99 235,587.10 0.23%

5.15%
PACIFIC CREST SVGS WA US 2,940.00 5.15%RT 01.2000% MAT 04/30/25FIXED RATE CD /WA CD
245,000 245,000.00 95.626

91.29 0.80%

0.84% -10,716.30
05/13/2025 1.03 234,283.70 0.23%

5.15%
SAVOY BK NY US RT 1,960.00 5.15%00.8000% MAT 05/13/25FIXED RATE CD /NY CD
2,026,000 2,041,720.00 95.942
13,464.46

1.45%

1.51% -97,935.08
05/15/2025 1.00 1,943,784.92 1.90%

5.51%
29,377.00 5.51%

NR/NR/NR
CATERPILLAR FINL SERVICE A2/A+/A01.450% 051525DTD051520 FC111520CALL@MW+20BP 245,000 245,000.00 95.604

80.55 0.80%

0.84% -10,770.20
05/15/2025 1.03 234,229.80 0.23%

5.15%
ENCORE BANK AR US RT 1,960.00 5.15%00.8000% MAT 05/15/25FIXED RATE CD /AR CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 25 of 40 Item #5. Page 28
Meeting Date: 5/28/2024 / Packet Page #: 82
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 95.294
6,082.22

0.68%

0.71% -94,120.00
05/19/2025 1.02 1,905,880.00 1.86%

5.34%
13,600.00 5.34%

NR/NR/NR
FFCB BOND 00.680 % DUE Aaa/AA+/AA+051925 DTD 051921 FC11192021 2,000,000 2,000,000.00 95.174
5,320.56

0.61%

0.64% -96,520.00
05/23/2025 1.03 1,903,480.00 1.86%

5.34%
12,200.00 5.34%

NR/NR/NR
FFCB BOND 00.610 % DUE Aaa/AA+/AA+052325 DTD 082321 FC11232021 2,000,000 2,000,000.00 95.356
6,164.44

0.73%

0.77% -92,880.00
05/28/2025 05/28/2024 1.04 1,907,120.00 1.86%

5.22%5.22%
100.00
14,600.00

NR/NR/NR
FHLMC MED TERM NTS Aaa/AA+/NR00.730 % DUE 052825 DTD052820 FC 11282020 1,000,000 1,001,066.69 95.371
3,266.67

0.80%

0.84% -47,356.69
06/03/2025 05/03/2025 1.06 953,710.00 0.93%

5.22%5.22%
100.00
8,000.00

NR/NR/NR
AMAZON COM INC NTS B/E A1/AA-/AA00.800% 060325DTD060320CALL@MW+10BP 245,000 245,000.00 95.594
571.89

0.60%

0.63% -10,794.70
06/10/2025 1.08 234,205.30 0.23%

4.71%
STOCKMAN BK MT US RT 1,470.00 4.71%00.6000% MAT 06/10/25FIXED RATE CD /MT CD
2,000,000 2,000,000.00 95.004
4,466.67

0.60%

0.63% -99,920.00
06/16/2025 1.09 1,900,080.00 1.86%

5.22%
12,000.00 5.22%

NR/NR/NR
FFCB BOND 00.600 % DUE Aaa/AA+/AA+061625 DTD 061621 FC12162021 245,000 245,000.00 95.182

47.99 0.65%

0.68% -11,804.10
06/19/2025 1.13 233,195.90 0.23%

5.02%
ENERBANK UT US RT 1,592.50 5.02%00.6500% MAT 06/19/25FIXED RATE CD /UT CD
245,000 245,000.00 95.182

44.30 0.60%

0.63% -11,804.10
06/19/2025 1.13 233,195.90 0.23%

4.97%
MORTON CMNTY BK IL US 1,470.00 4.97%RT 00.6000% MAT 06/19/25FIXED RATE CD /IL CD
245,000 245,000.00 95.104

16.11 0.60%

0.63% -11,995.20
06/26/2025 1.15 233,004.80 0.23%

4.97%
FIRST CAROLINA BK NC US 1,470.00 4.97%RT 00.6000% MAT 06/26/25FIXED RATE CD /NC CD
2,000,000 2,000,000.00 95.010
4,166.67

0.63%

0.66% -99,800.00
06/30/2025 06/30/2024 1.13 1,900,200.00 1.86%

5.08%5.08%
100.00
12,500.00

NR/NR/NR
FHLB BOND 00.625 % DUE Aaa/NR/AA+063025 DTD 063021 FC12302021 2,141,000 2,160,316.36 95.413
10,615.79

1.70%

1.78% -117,524.03
07/15/2025 06/15/2025 1.16 2,042,792.33 2.00%

5.68%5.68%
100.00
36,397.00

NR/NR/NR
E I DU PONT DE NEMOURS A3/A/A01.700% 071525DTD051520 FC011521CALL@MW+25BPIncludes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 26 of 40 Item #5. Page 29
Meeting Date: 5/28/2024 / Packet Page #: 83
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 ($)/
Unreal. g/l ($)
1,000,000 998,500.00 94.522
1,347.22

0.50%

0.53% -53,280.00
07/23/2025 1.20 945,220.00 0.92%

5.15%
5,000.00 5.15%

NR/NR/NR
FHLMC MED TERM NTS Aaa/AA+/NR00.500 % DUE 072325 DTD072320 FC 01232021 245,000 245,000.00 94.493

0.00 0.55%

0.58% -13,492.15
07/30/2025 1.24 231,507.85 0.23%

5.11%
MEDALLION BK UT US RT 1,347.50 5.11%00.5500% MAT 07/30/25FIXED RATE CD /UT CD
1,000,000 999,950.00 94.184
1,055.56

0.50%

0.53% -58,110.00
08/14/2025 05/14/2024 1.25 941,840.00 0.92%

5.22%5.22%
100.00
5,000.00

NR/NR/NR
FNMA NTS 00.500 % DUE Aaa/AA+/AA+081425 DTD 081420 FC02142021 1,000,000 1,033,416.77 97.420
7,031.25

3.38%

3.46% -59,216.77
08/15/2025 05/15/2025 1.23 974,200.00 0.95%

5.47%5.47%
100.00
33,750.00

NR/NR/NR
COMCAST CORP NEW B/E A3/A-/A03.375% 081525DTD052715 FC081515CALL@MW+20BP 245,000 245,000.00 94.009

10.74 0.40%

0.43% -14,677.95
08/26/2025 1.31 230,322.05 0.23%

5.09%
COMMUNITY BK TN US RT 980.00 5.09%00.4000% MAT 08/26/25FIXED RATE CD /TN CD
245,000 245,000.00 93.986

5.37 0.40%

0.43% -14,734.30
08/28/2025 1.32 230,265.70 0.23%

5.09%
BANK3 TENNESSEE TN US RT 980.00 5.09%00.4000% MAT 08/28/25FIXED RATE CD /TN CD
988,000 983,948.13 98.536
6,792.50

4.13%

4.19% -10,412.45
08/28/2025 05/28/2024 1.26 973,535.68 0.95%

5.28%5.28%
100.00
40,755.00

NR/NR/NR
FNMA NTS 04.125 % DUE Aaa/AA+/AA+082825 DTD 083022 FC02282023 245,000 245,000.00 93.987

77.86 0.40%

0.43% -14,731.85
08/29/2025 1.32 230,268.15 0.23%

5.08%
HOME LN INVT BK RI US RT 980.00 5.08%00.4000% MAT 08/29/25FIXED RATE CD /RI CD
2,000,000 2,000,000.00 94.078
1,650.00

0.66%

0.70% -118,440.00
09/15/2025 1.34 1,881,560.00 1.84%

5.18%
13,200.00 5.18%

NR/NR/NR
FFCB BOND 00.660 % DUE Aaa/AA+/AA+091525 DTD 091521 FC03152022 245,000 245,000.00 93.710

21.48 0.40%

0.43% -15,410.50
09/22/2025 06/22/2024 1.39 229,589.50 0.22%

5.07%5.07%
100.00
AMERICAN COMM BK GA 980.00US RT 00.4000% MAT09/22/25 FIXED RATE CD /GA CD
108,000 108,000.00 93.732

40.39 0.35%

0.37% -6,769.44
09/22/2025 1.36 101,230.56 0.10%

5.05%
CHAMBERS BANK AK US RT 378.00 5.05%00.3500% MAT 09/22/25FIXED RATE CD /AK CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 27 of 40 Item #5. Page 30
Meeting Date: 5/28/2024 / Packet Page #: 84
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 93.776
107.40

0.50%

0.53% -15,248.80
09/29/2025 06/29/2024 1.39 229,751.20 0.22%

5.08%5.08%
100.00
USALLIANCE FED CRE NY US 1,225.00RT 00.5000% MAT 09/29/25FIXED RATE CD /NY CD
245,000 245,000.00 94.047
140.96

0.70%

0.74% -14,584.85
09/30/2025 09/30/2024 1.38 230,415.15 0.23%

5.10%5.10%
100.00
JPMORGAN CHASE BK OH 1,715.00US RT 00.7000% MAT09/30/25 FIXED RATE CD /OH CD
245,000 245,000.00 99.194
302.05

4.50%

4.54% -1,974.70
10/20/2025 05/20/2024 1.42 243,025.30 0.24%

5.07%5.07%
100.00
GREAT STHN BK MO US RT 11,025.0004.5000% MAT 10/20/25FIXED RATE CD /MO CD
245,000 245,000.00 93.393

28.19 0.60%

0.64% -16,187.15
10/23/2025 05/23/2024 1.47 228,812.85 0.22%

5.24%5.24%
100.00
TEXAS EXCHANGE BK TX US 1,470.00RT 00.6000% MAT 10/23/25FIXED RATE CD /TX CD
2,000,000 2,000,000.00 93.421

90.00 0.54%

0.58% -131,580.00
10/27/2025 10/27/2024 1.45 1,868,420.00 1.83%

5.18%5.18%
100.00
10,800.00

NR/NR/NR
FNMA NTS 00.540 % DUE Aaa/AA+/AA+102725 DTD 102720 FC04272021 2,000,000 2,000,000.00 93.211
5,071.11

0.56%

0.60% -135,780.00
11/17/2025 11/17/2024 1.50 1,864,220.00 1.82%

5.18%5.18%
100.00
11,200.00

NR/NR/NR
FNMA NTS 00.560 % DUE Aaa/AA+/AA+111725 DTD 111720 FC05172021 2,000,000 2,000,000.00 93.188
5,200.00

0.60%

0.64% -136,240.00
11/24/2025 1.52 1,863,760.00 1.82%

5.18%
12,000.00 5.18%

NR/NR/NR
FFCB BOND 00.600 % DUE Aaa/AA+/AA+112425 DTD 112420 FC05242021 245,000 245,000.00 92.985
463.15

0.50%

0.54% -17,186.75
12/15/2025 1.58 227,813.25 0.22%

5.04%
BK HAPOALIM BM NY US RT 1,225.00 5.04%00.5000% MAT 12/15/25FIXED RATE CD /NY CD
Total 2025 44,073,000 1.28% 06/21/2025 $556,338.75

1.32%

5.29%5.29%

1.10$44,248,583.28
$-2,150,706.92
$42,097,876.36
$118,991.28

41.17%
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 28 of 40 Item #5. Page 31
Meeting Date: 5/28/2024 / Packet Page #: 85
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 2,001,354.21 92.600
4,083.33

0.70%

0.76% -149,354.21
01/15/2026 1.65 1,852,000.00 1.81%

5.29%
14,000.00 5.29%

NR/NR/NR
JOHN DEERE CPTL CORP A1/A+/A00.700% 011526DTD010721 FC071521 MEDTERM NTS 1,175,000 1,175,000.00 99.733
16,087.71

5.30%

5.31% -3,137.25
01/27/2026 07/27/2024 1.62 1,171,862.75 1.15%

5.46%5.46%
100.00
62,275.00

NR/NR/NR
FHLMC MED TERM NTS Aaa/AA+/AA+05.300 % DUE 012726 DTD012723 FC 07272023 245,000 245,000.00 98.688
2,510.41

4.25%

4.31% -3,214.40
02/02/2026 1.66 241,785.60 0.24%

5.03%
MORGAN STANLEY BK UT US 10,412.50 5.03%RT 04.2500% MAT 02/02/26FIXED RATE CD /UT CD
1,200,000 1,200,000.00 90.380
1,706.67

0.80%

0.89% -115,440.00
02/26/2026 02/26/2025 1.75 1,084,560.00 1.06%

6.48%6.48%
100.00
9,600.00

NR/NR/NR
A1/AA-/A- JPMORGAN CHASE & CO

00.800% 022626DTD022621 FC082621 MEDTERM NTS
245,000 245,000.00 97.895
2,015.04

3.80%

3.88% -5,157.25
03/11/2026 05/11/2024 1.77 239,842.75 0.23%

4.99%4.99%
100.00
CFG COMMUNITY BANK MD 9,310.00US RT 03.8000% MAT03/11/26 FIXED RATE CD/MD CD
2,000,000 1,989,860.00 91.979
2,450.00

0.90%

0.98% -150,280.00
03/11/2026 02/11/2026 1.80 1,839,580.00 1.80%

5.49%5.49%
100.00
18,000.00

NR/NR/NR
CHARLES SCHWAB CORP A2/A/ANTS 00.900% 031126DTD121120 FC031121CALL@MW+10BP 245,000 245,000.00 92.482
230.90

0.80%

0.87% -18,419.10
03/18/2026 06/18/2024 1.85 226,580.90 0.22%

5.01%5.01%
100.00
BMO HARRIS BK NA IL US RT 1,960.0000.8000% MAT 03/18/26FIXED RATE CD /IL CD
245,000 245,000.00 100.093
338.97

5.05%

5.05% 227.85
03/20/2026 1.79 245,227.85 0.24%

5.00%
AFFINITY PLUS MN US RT 12,372.50 5.00%05.0500% MAT 03/20/26LICU SHARE CERTIFICATE/MN CD
245,000 245,000.00 100.003
335.62

5.00%

5.00% 7.35
03/20/2026 1.80 245,007.35 0.24%

5.00%
VALLEYSTAR CR UN M VA 12,250.00 5.00%US RT 05.0000% MAT03/20/26 LICU SHARECERTIFICATE /VA CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 29 of 40 Item #5. Page 32
Meeting Date: 5/28/2024 / Packet Page #: 86
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 ($)/
Unreal. g/l ($)
245,000 245,000.00 100.015
973.29

5.00%

5.00% 36.75
03/23/2026 1.80 245,036.75 0.24%

4.99%
TECHNOLOGY CREDIT CA US 12,250.00 4.99%RT 05.0000% MAT 03/23/26CREDIT UNION SHARE CERT/CA CD
245,000 245,000.00 99.946
1,241.78

5.00%

5.00% -132.30
03/24/2026 1.78 244,867.70 0.24%

5.02%
CIBC BANK ILLINOIS IL US RT 12,250.00 5.02%05.0000% MAT 03/24/26FIXED RATE CD /IL CD
245,000 245,000.00 92.611
217.48

0.90%

0.97% -18,103.05
03/25/2026 1.84 226,896.95 0.22%

5.02%
STATE BANK OF INDI NY US 2,205.00 5.02%RT 00.9000% MAT 03/25/26FIXED RATE CD /NY CD
2,000,000 2,000,000.00 92.660
1,750.00

1.05%

1.13% -146,800.00
03/30/2026 N/A 1,853,200.00 1.81%
N/A
21,000.00 N/A

NR/NR/NR
FHLB NTS 1.0500% DUE Aaa/NR/AA+033026 DTD 033021 FC09302021 245,000 245,000.00 92.625

0.00 0.95%

1.03% -18,068.75
03/31/2026 04/30/2024 N/A 226,931.25 0.22%
N/AN/A
100.00
BANKUNITED NA FLOR FL US 2,327.50RT 00.9500% MAT 03/31/26FIXED RATE CD /FL CD
245,000 245,000.00 92.475
184.92

0.95%

1.03% -18,436.25
04/16/2026 1.93 226,563.75 0.22%

4.98%
GREENSTATE CREDIT IA US 2,327.50 4.98%RT 00.9500% MAT 04/16/26FIXED RATE CD /IA CD
245,000 245,000.00 92.362

48.33 0.90%

0.97% -18,713.10
04/22/2026 1.92 226,286.90 0.22%

5.00%
TOYOTA FINL SVG BK NV US 2,205.00 5.00%RT 00.9000% MAT 04/22/26FIXED RATE CD /NV CD
2,000,000 2,000,000.00 93.116
4,583.33

0.50%

0.54% -137,680.00
05/15/2026 05/15/2024 N/A 1,862,320.00 1.82%
N/AN/A
100.00
10,000.00

NR/NR/NR
INTL FIN CORP NTS 00.500 % Aaa/NR/AAADUE 051526 DTD 052821 FC11152021 2,000,000 2,001,979.45 92.037
10,541.67

1.15%

1.25% -161,239.45
05/15/2026 04/15/2026 1.96 1,840,740.00 1.80%

5.32%5.32%
100.00
23,000.00

NR/NR/NR
UNITED HEALTH GROUP INC A2/A/A+01.150% 051526DTD051921 FC111521CALL@MW+07.50BP 245,000 245,000.00 91.732

79.88 0.85%

0.93% -20,256.60
06/16/2026 06/16/2024 2.10 224,743.40 0.22%

4.95%4.95%
100.00
UBS BANK UT US RT 2,082.5000.8500% MAT 06/16/26FIXED RATE CD /UT CD
245,000 245,000.00 97.131
2,907.11

3.55%

3.65% -7,029.05
06/30/2026 04/30/2024 2.03 237,970.95 0.23%

4.96%4.96%
100.00
ALLY BK UT US RT 03.5500% 8,697.50MAT 06/30/26 FIXED RATECD /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.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 30 of 40 Item #5. Page 33
Meeting Date: 5/28/2024 / Packet Page #: 87
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 2,000,000.00 92.948
5,833.33

0.88%

0.94% -141,040.00
06/30/2026 06/30/2024 N/A 1,858,960.00 1.82%
N/AN/A
100.00
17,500.00

NR/NR/NR
FHLB BOND STEP-UP 0.875% Aaa/NR/AA+DUE 063026 DTD 063021 FC12302021 2,000,000 2,000,000.00 92.684
10,000.00

1.50%

1.62% -146,320.00
06/30/2026 N/A 1,853,680.00 1.81%
N/A
30,000.00 N/A

NR/NR/NR
FHLB NTS 1.5000% DUE Aaa/NR/AA+063026 DTD 063021 FC12302021 245,000 245,000.00 91.358
573.23

0.70%

0.77% -21,172.90
07/01/2026 2.10 223,827.10 0.22%

4.95%
NEW YORK CMNTY BK NY 1,715.00 4.95%US RT 00.7000% MAT07/01/26 FIXED RATE CD /NY CD
1,000,000 968,385.25 91.358
2,245.83

1.05%

1.15% -54,805.25
08/13/2026 05/13/2024 2.20 913,580.00 0.89%

5.10%5.10%
100.00
10,500.00

NR/NR/NR
FHLB BOND 01.050 % DUE Aaa/NR/AA+081326 DTD 081321 FC02132022 245,000 245,000.00 91.116
155.73

0.80%

0.88% -21,765.80
08/13/2026 2.26 223,234.20 0.22%

4.91%
LIVE OAK BKG CO NC US RT 1,960.00 4.91%00.8000% MAT 08/13/26FIXED RATE CD /NC CD
2,000,000 2,000,000.00 91.477
4,088.89

1.15%

1.26% -170,460.00
08/26/2026 N/A 1,829,540.00 1.79%
N/A
23,000.00 N/A

NR/NR/NR
FHLB NTS 1.1500% DUE Aaa/NR/AA+082626 DTD 082621 FC02262022 2,000,000 2,000,000.00 88.121
3,675.00

1.05%

1.19% -237,580.00
08/27/2026 08/27/2025 2.22 1,762,420.00 1.72%

6.65%6.65%
100.00
21,000.00

NR/NR/NR
MORGAN STANLEY FIN LLC A1/A+/A01.050% 082726DTD082721 FC022722 MEDTERM NTS 2,000,000 2,000,000.00 90.580
1,671.11

0.94%

1.04% -188,400.00
09/28/2026 2.33 1,811,600.00 1.77%

5.14%
18,800.00 5.14%

NR/NR/NR
FFCB NTS 00.940 % DUE Aaa/AA+/AA+092826 DTD 092821 FC03282022 1,000,000 982,052.13 91.082

0.00 1.13%

1.24% -71,232.13
10/31/2026 2.41 910,820.00 0.89%

4.96%
11,250.00 4.96%

NR/NR/NR
US TSY NOTE 01.125 % DUE NR/AA+/NR10/31/26 DTD 10/31/21 FC04/30/22 245,000 245,000.00 91.141
1,219.63

1.15%

1.26% -21,704.55
11/24/2026 2.47 223,295.45 0.22%

4.86%
CAPITAL ONE BK USA VA US 2,817.50 4.86%RT 01.1500% MAT 11/24/26FIXED RATE CD /VA CD
245,000 245,000.00 91.141
1,219.63

1.15%

1.26% -21,704.55
11/24/2026 2.47 223,295.45 0.22%

4.86%
CAPITAL ONE NA VA US RT 2,817.50 4.86%01.1500% MAT 11/24/26FIXED RATE CD /VA CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 31 of 40 Item #5. Page 34
Meeting Date: 5/28/2024 / Packet Page #: 88
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 ($)/
Unreal. g/l ($)
Total 2026 28,540,000 1.40% 05/30/2026 $389,885.00

1.48%

5.43%5.43%

1.98$28,483,631.04
$-2,087,373.99
$26,396,257.05
$82,968.83

25.81%
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 92.058
9,608.89

1.84%

2.00% -158,840.00
01/26/2027 2.60 1,841,160.00 1.80%

4.98%
36,800.00 4.98%

NR/NR/NR
FFCB BOND 01.840 % DUE Aaa/AA+/AA+012627 DTD 012622 FC07262022 2,000,000 2,000,000.00 91.523
7,911.11

1.78%

1.94% -169,540.00
02/10/2027 05/10/2024 2.64 1,830,460.00 1.79%

5.09%5.09%
100.00
35,600.00

NR/NR/NR
FHLB BOND 01.780 % DUE Aaa/NR/AA+021027 DTD 021022 FC08102022 245,000 245,000.00 99.840
2,327.50

4.75%

4.76% -392.00
02/17/2027 05/17/2024 2.59 244,608.00 0.24%

4.81%4.81%
100.00
BOKF NA OK US RT 11,637.5004.7500% MAT 02/17/27FIXED RATE CD /OK CD
245,000 245,000.00 91.852
330.92

1.70%

1.85% -19,962.60
02/18/2027 2.73 225,037.40 0.22%

4.81%
METRO CREDIT UNION MA 4,165.00 4.81%US RT 01.7000% MAT02/18/27 LICU SHARECERTIFICATE /MA CD
245,000 245,000.00 91.866
136.93

1.70%

1.85% -19,928.30
02/18/2027 2.73 225,071.70 0.22%

4.80%
PENTAGON FED CREDI VA US 4,165.00 4.80%RT 01.7000% MAT 02/18/27CREDIT UNION SHARE CERT/VA CD
3,215,000 3,075,098.40 92.112
11,667.77

2.01%

2.18% -113,697.60
02/25/2027 05/25/2024 2.67 2,961,400.80 2.90%

5.05%5.05%
100.00
64,621.50

NR/NR/NR
FHLB BOND 02.010 % DUE Aaa/NR/AA+022527 DTD 022522 FC08252022 245,000 245,638.54 92.597
792.05

2.00%

2.16% -18,775.89
03/02/2027 2.70 226,862.65 0.22%

4.82%
EAGLEMARK SVGS BK NV US 4,900.00 4.82%RT 02.0000% MAT 03/02/27FIXED RATE CD /NV CD
490,000 490,000.00 99.778
3,263.94

5.45%

5.46% -1,087.80
03/16/2027 06/16/2024 2.61 488,912.20 0.48%

5.53%5.53%
100.00
26,705.00

NR/NR/NR
FHLB BOND 05.450 % DUE Aaa/NR/AA+031627 DTD 121622 FC03162023 245,000 245,000.00 95.570
3,393.75

3.20%

3.35% -10,853.50
05/24/2027 2.83 234,146.50 0.23%

4.77%
DISCOVER BANK DE US RT 7,840.00 4.77%03.2000% MAT 05/24/27FIXED RATE CD /DE CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 32 of 40 Item #5. Page 35
Meeting Date: 5/28/2024 / Packet Page #: 89
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (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 99.837
473.22

4.70%

4.71% -399.35
06/15/2027 2.90 244,600.65 0.24%

4.76%
ESSENTIAL FED CRED LA US 11,515.00 4.76%RT 04.7000% MAT 06/15/27LICU SHARE CERTIFICATE /LA CD
245,000 245,000.00 95.634
327.23

3.25%

3.40% -10,696.70
06/15/2027 2.96 234,303.30 0.23%

4.76%
LAFAYETTE FED CRED MD US 7,962.50 4.76%RT 03.2500% MAT 06/15/27LICU SHARE CERTIFICATE/MD CD
245,000 245,000.00 100.052
628.27

5.20%

5.20% 127.40
12/13/2027 06/12/2024 0.12 245,127.40 0.24%

4.76%5.18%
100.00
PREMIER CMNTY BK WI US 12,740.00RT 05.2000% MAT 12/13/27FIXED RATE CD /WI CD
Total 2027 9,665,000 2.40% 03/05/2027 $228,651.50

2.54%

5.02%5.01%

2.60 $9,525,736.94
$-524,046.34
$9,001,690.60
$40,861.59

8.80%
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 1,000,000.00 98.962
13,175.00

5.10%

5.15% -10,380.00
01/27/2028 07/27/2024 3.32 989,620.00 0.97%

5.41%5.41%
100.00
51,000.00

NR/NR/NR
FHLMC MED TERM NTS NR/AA+/AA+05.100 % DUE 012728 DTD013023 FC 07272023 2,000,000 2,000,004.13 99.674
19,800.00

5.40%

5.42% -6,524.13
02/24/2028 05/24/2024 3.37 1,993,480.00 1.95%

5.49%5.49%
100.00
108,000.00

NR/NR/NR
FHLB BOND 05.400 % DUE Aaa/NR/AA+022428 DTD 022423 FC08242023 245,000 245,000.00 100.610
906.16

5.00%

4.97% 1,494.50
04/03/2028 04/03/2026 1.83 246,494.50 0.24%

4.67%4.83%
100.00
ARBOR FINL CREDIT MI US RT 12,250.0005.0000% MAT 04/03/28FIXED RATE CD /MI CD
2,000,000 2,000,004.31 99.898
627.78

5.65%

5.66% -2,044.31
04/28/2028 07/28/2024 3.53 1,997,960.00 1.95%

5.68%5.68%
100.00
113,000.00

NR/NR/NR
FHLB BOND 05.650 % DUE Aaa/NR/AA+042828 DTD 042823 FC10282023 245,000 245,000.00 100.776
569.21

5.30%

5.26% 1,901.20
07/14/2028 07/14/2025 1.16 246,901.20 0.24%

4.64%5.09%
100.00
CY-FAIR FED CREDIT TX US 12,985.00RT 05.3000% MAT 07/14/28FIXED RATE CD /TX CD
245,000 245,000.00 101.390
436.30

5.00%

4.93% 3,405.50
07/17/2028 3.79 248,405.50 0.24%

4.64%
NEW ORLEANS FIREME LA US 12,250.00 4.64%RT 05.0000% MAT 07/17/28FIXED RATE CD /LA CD
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 33 of 40 Item #5. Page 36
Meeting Date: 5/28/2024 / Packet Page #: 90
Consolidated report prepared for City of Glendora
Bond Holdingsas of April 30, 2024 (continued)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 ($)/
Unreal. g/l ($)
Total 2028 5,735,000 5.40% 03/27/2028 $309,485.00

5.41%

5.46%5.43%

3.27 $5,735,008.44
$-12,147.24
$5,722,861.20
$35,514.45

5.60%
Maturing 2029
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 ($)/
Unreal. g/l ($)
245,000 244,987.75 97.970
660.49

4.10%

4.18% -4,961.25
02/06/2029 4.31 240,026.50 0.23%

4.57%
WELLS FARGO BK NA SD US 10,045.00 4.57%RT 04.1000% MAT 02/06/29FIXED RATE CD /SD CD
245,000 245,000.00 99.474
139.62

5.20%

5.23% -1,288.70
04/26/2029 10/26/2024 4.38 243,711.30 0.24%

5.32%5.32%
100.00
LEADER BK NA MA US RT 12,740.0005.2000% MAT 04/26/29FIXED RATE CD /MA CD
Total 2029 490,000 4.65% 03/18/2029 $22,785.00

4.71%

4.95%4.95%

4.35 $489,987.75
$-6,249.95
$483,737.80
$800.11

0.47%
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 ($)

5.33%5.33%
11/22/2025 N/A 1.42$107,261,832.2 N/A $102,261,575.30
$-5,000,256.99
107,317,000

1.83% $383,409.73 Total Bond Portfolio 1.77% $1,869,328.25 100% $102,644,985.03
Includes all fixed-rate securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: May 01, 2024 Page 34 of 40 Item #5. Page 37
Meeting Date: 5/28/2024 / Packet Page #: 91
Important Information About This Report Disclosures Applicable to Accounts at UBS Financial Services Inc.

This section contains important disclosures regarding the information and valuations presented here. Allinformation presented is subject to change at any time and is provided only as of the date indicated. Theinformation in this report is for informational purposes only and should not be relied upon as the basis of aninvestment or liquidation decision. UBS FS account statements and official tax documents are the only officialrecord of your accounts and are not replaced, amended or superseded by any of the information presented inthese reports. You should not rely on this information in making purchase or sell decisions, for tax purposes orotherwise.UBS FS offers a number of investment advisory programs to clients, acting in our capacity as an investmentadviser, including fee-based financial planning, discretionary account management, non-discretionary investmentadvisory programs, and advice on the selection of investment managers and mutual funds offered through ourinvestment advisory programs. When we act as your investment adviser, we will have a written agreement withyou expressly acknowledging our investment advisory relationship with you and describing our obligations toyou. At the beginning of our advisory relationship, we will give you our Form ADV brochure(s) for the program(s)you selected that provides detailed information about, among other things, the advisory services we provide, ourfees, our personnel, our other business activities and financial industry affiliations and conflicts between ourinterests and your interests.In our attempt to provide you with the highest quality information available, we have compiled this report usingdata obtained from recognized statistical sources and authorities in the financial industry. While we believe thisinformation to be reliable, we cannot make any representations regarding its accuracy or completeness. Pleasekeep this guide as your Advisory Review.Please keep in mind that most investment objectives are long term. Although it is important to evaluate yourportfolio's performance over multiple time periods, we believe the greatest emphasis should be placed on thelonger period returns.Please review the report content carefully and contact your Financial Advisor with any questions.Client Accounts: This report may include all assets in the accounts listed and may include eligible and ineligibleassets in a fee-based program. Since ineligible assets are not considered fee-based program assets, the inclusionof such securities will distort the actual performance of your accounts and does not reflect the performance ofyour accounts in the fee-based program. As a result, the performance reflected in this report can varysubstantially from the individual account performance reflected in the performance reports provided to you aspart of those programs. For fee-based programs, fees are charged on the market value of eligible assets in theaccounts and assessed quarterly in advance, prorated according to the number of calendar days in the billingperiod. When shown on a report, the risk profile and return objectives describe your overall goals for theseaccounts. For each account you maintain, you choose one return objective and a primary risk profile. If you havequestions regarding these objectives or wish to change them, please contact your Financial Advisor to updateyour account records.Performance: This report presents account activity and performance depending on which inception type you'vechosen. The two options are: (1) All Assets (Since Performance Start): This presents performance for all assetssince the earliest possible date; (2) Advisory Assets (Advisory Strategy Start) for individual advisory accounts: Thispresents Advisory level performance since the Latest Strategy Start date; If an account that has never beenmanaged is included in the consolidated report, the total performance of that unmanaged account will beincluded since inception.

Time-weighted Returns for accounts / SWP/AAP sleeves (Monthly periods): The report displays a timeweighted rate of return (TWR) that is calculated using the Modified Dietz Method. This calculation uses thebeginning and ending portfolio values for the month and weighs each contribution/withdrawal based upon theday the cash flow occurred. Periods greater than one month are calculated by linking the monthly returns. TheTWR gives equal weighting to every return regardless of amount of money invested, so it is an effective measurefor returns on a fee based account. All periods shown which are greater than 12 months are annualized. Thisapplies to all performance for all assets before 09/30/2010, Advisory assets before 12/31/2010 and SWP sleevesbefore 04/30/2018.Time-weighted Returns for accounts / SWP/AAP sleeves (Daily periods): The report displays a timeweighted rate of return (TWR) that is calculated by dividing the portfolio's daily gain/loss by the previous day'sclosing market value plus the net value of cash flows that occurred during the day, if it was positive. The TWRgives equal weighting to every return regardless of amount of money invested, so it is an effective measure forreturns on a fee based account. Periods greater than one day are calculated by linking the daily returns. Allperiods shown which are greater than 12 months are annualized. For reports generated prior to 01/26/2018, theperformance calculations used the account's end of day value on the performance inception (listed in the reportunder the column "ITD") and all cash flows were posted at end of day. As a result of the change, the overallrate of return (TWR) and beginning market value displayed can vary from prior generated reports. This applies toall performance for all assets on or after 09/30/2010, Advisory assets on or after 12/31/2010, SWP/AAP sleeveson or after 04/30/2018 as well as all Asset 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 daily Internal Rate of Return (IRR) for the period and thencompounding this return by the number of days in the period being measured. The MWR incorporates the sizeand timing of cash flows, so it is an effective measure of returns on a portfolio.Annualized Performance: All performance periods greater than one year are calculated (unless otherwisestated) on an annualized basis, which represents the return on an investment multiplied or divided to give acomparable one year return.Cumulative Performance: A cumulative return is the aggregate 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 "gross offees" basis, where indicated. Net returns do not reflect Program and wrap fees prior to 10/31/10 for accountsthat are billed separately via invoice through a separate account billing arrangement. Gross returns do not reflectthe deduction of fees, commissions or other charges. The payment of actual fees and expenses will reduce aclient's return. The compound effect of such fees and expenses should be considered when reviewing returns.For example, the net effect of the deduction of fees on annualized performance, including the compoundedeffect over time, is determined by the relative size of the fee and the account's investment performance. Itshould also be noted that where gross returns are compared to an index, the index performance also does notreflect any transaction costs, which would lower the performance results. Market index data maybe subject toreview and revision.Benchmark/Major Indices: The past performance of an index is not a guarantee of future results. Anybenchmark is shown for informational purposes only and relates to historical performance of market indices andnot the performance of actual investments. Although most portfolios use indices as benchmarks, portfolios areactively managed and generally are not restricted to investing only in securities in the index. As a result, your Report created on: May 01, 2024 Page 35 of 40
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Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) portfolio holdings and performance may vary substantially from the index. Each index reflects an unmanageduniverse of securities without any deduction for advisory fees or other expenses that would reduce actualreturns, as well as the reinvestment of all income and dividends. An actual investment in the securities includedin the index would require an investor to incur transaction costs, which would lower the performance results.Indices are not actively managed and investors cannot invest directly in the indices. Market index data maybesubject to review and revision. Further, there is no guarantee that an investor's account will meet or exceed thestated benchmark. Index performance information has been obtained from third parties deemed to be reliable.We have not independently verified this information, nor do we make any representations or warranties to theaccuracy or completeness of this information.Blended Index - For Advisory accounts, Blended Index is designed to reflect the asset categories in which youraccount is invested. For Brokerage accounts, you have the option to select any benchmark from the list.For certain products, the blended index represents the investment 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 you which may consist of a blend of indexes. For advisoryaccounts, these indices are for informational purposes only. Depending on the selection, the benchmark selectedmay not be an appropriate basis for comparison of your portfolio based on it's holdings.For strategies that are highly customized, such as Concentrated Equity Solutions (CES), benchmarks are broadmarket indices included for general reference and are not intended to show comparative market performance orpotential portfolios with risk or return profiles similar to your account. Benchmark indices are shown forillustrative purposes only.Custom Time Periods: If represented on this report, the performance start date and the performance end datehave been selected by your Financial Advisor in order to provide performance and account activity informationfor your account for the specified period of time only. As a result, only a portion of your account's activity andperformance information is presented in the performance report, and, therefore, presents a distortedrepresentation of your account's activity and performance.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 the last day of the period. When fees are shown separately,net deposits / withdrawals does not include program fees (including wrap fees). When investment return isdisplayed net deposits / withdrawals does not include program fees (including wrap fees). For securitycontributions and withdrawals, securities are calculated using the end of day UBS FS price on the day securitiesare delivered in or out of the accounts. Wrap fees will be included in this calculation except when paid via aninvoice or through a separate accounts billing arrangement. When shown on Client summary and/or Portfolioreview report, program fees (including wrap fees) may not be included in net deposits/withdrawals. PACEProgram fees paid from sources other than your PACE account are treated as a contribution. A PACE ProgramFee rebate that is not reinvested is treated as a withdrawal.Deposits: When shown on a report, this information represents the net value of all cash and securitiescontributions added to your accounts from the first day to the last day of the period. On Client Summary Reportand/or Portfolio Review Report, this may exclude the Opening balance. For security contributions, securities arecalculated using the end of day UBS FS price on the day securities are delivered in or out of the accounts.

Withdrawals: When shown on a report, this information represents the net value of all cash and securitieswithdrawals subtracted from your accounts from the first day to the last day of the period. On Client summaryand/or portfolio review report Withdrawals may not include program fees (including wrap fees). For securitywithdrawals, securities are calculated using the end of day UBS FS price on the day securities are delivered in orout of the accounts.Dividends/Interest: Dividend and interest earned, when shown on a report, does not include income onsecurities that have been lent out & does not reflect your account's tax status or reporting requirements. Useonly official tax reporting documents (i.e. 1099) for tax reporting purposes. The classification of privateinvestment distributions can only be determined by referring to the official year-end tax-reporting documentprovided by the issuer.Change in Accrued Interest: When shown on a report, this information represents the difference between theaccrued interest at the beginning of the period from the accrued interest at the end of the period.Change in Value: Represents the change in value of the portfolio during the reporting period, excludingadditions/withdrawals, dividend and interest income earned and accrued interest. Change in Value may includeprograms fees (including wrap fees) and other fees.Fees: Fees represented in this report include program and wrap fees. Program and wrap fees prior to October 1,2010 for accounts that are billed separately via invoice through a separate account billing arrangement are notincluded in this report.Performance Start Date Changes: The Performance Start Date for accounts marked with a '^' have changed.Performance figures of an account with a changed Performance Start Date may not include the entire history ofthe account. The new Performance Start Date will generate performance returns and activity information for ashorter period than is available at UBS FS. As a result, the overall performance of these accounts may generatebetter performance than the period of time that would be included if the report used the inception date of theaccount. UBS FS recommends reviewing performance reports that use the inception date of the account becausereports with longer time frames are usually more helpful when evaluating investment programs and strategies.Performance reports may include accounts with inception dates that precede the new Performance Start Dateand will show performance and activity information from the earliest available inception date.The change in Performance Start Date may be the result of a performance gap due to a zero-balance thatprevents the calculation of continuous returns from the inception of the account. The Performance Start Datemay also change if an account has failed one of our performance data integrity tests. In such instances, theaccount will be labeled as 'Review Required' and performance prior to that failure will be restricted. Finally, thePerformance Start Date will change if you have explicitly requested a performance restart. Please contact yourFinancial Advisor for additional details regarding your new Performance Start Date.Closed Account Performance: Accounts that have been closed may be included in the consolidatedperformance report. When closed accounts are included in the consolidated report, the performance report willonly include information for the time period the account was 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 a copy of the Characteristics & Risks of StandardizedOptions, also known as the options disclosure document (ODD). It explains the characteristics and risks of Report created on: May 01, 2024 Page 36 of 40
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Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) exchange traded options. The options risk disclosure document can be accessed at the following web address:www.optionsclearing.com/about/publications/character-risks.Concentrated Equity Solutions (CES) managers are not involved in the selection of the underlying stock positions.The Manager will advise only on the options selection in order to pursue the strategy in connection with theunderlying stock position(s) deposited in the account. It is important to keep this in mind when evaluating themanager's performance since the account's performance will include the performance of the underlying equityposition that is not being managed. CES use options to seek to achieve your investment objectives regardingyour concentration stock position. Options strategies change the potential return profile of your stock. In certainscenarios, such as call writing, the call position will limit your ability to participate in any potential increase in theunderlying equity position upon which the call was written. Therefore, in some market conditions, particularlyduring periods of significant appreciation of the underlying equity position(s), the CES account will decrease theperformance that would have been achieved had the stock been held long without implementing the CESstrategy.Portfolio: For purposes of this report "portfolio" is defined as all of the accounts presented on the cover pageor the header of this report and does not necessarily include all of the client's accounts held at UBS FS orelsewhere.Percentage: Portfolio (in the "% Portfolio / Total" column) includes all holdings held in the account(s) selectedwhen this report was generated. Broad asset class (in the "% broad asset class" column) includes all holdingsheld in that broad asset class in the account(s) selected when this report was generated.Tax lots: This report displays security tax lots as either one line item (i.e., lumped tax lots) or as separate tax lotlevel information. If you choose to display security tax lots as one line item, the total cost equals the total valueof all tax lots. The unit cost is an average of the total cost divided by the total number of shares. If the shareswere purchased in different lots, the unit price listed does not represent the actual cost paid for each lot. Theunrealized gain/loss value is calculated by combining the total value of all tax lots plus or minus the total marketvalue of the security.If you choose to display tax lot level information as separate line items on the Portfolio Holdings report, the taxlot information may include information from sources other than UBS FS. The Firm does not independently verifyor guarantee the accuracy or validity of any information provided by sources other than UBS FS. As a result thisinformation may not be accurate and is provided for informational purposes only. Clients should not rely on thisinformation in making purchase or sell decisions, for tax purposes or otherwise. See your monthly statement foradditional information.Pricing: All securities are priced using the closing price reported on the last business day preceding the date ofthis report. Every reasonable attempt has been made to accurately price securities; however, we make nowarranty with respect to any security's price. Please refer to the back of the first page of your UBS FS accountstatement for important information regarding the pricing used for certain types of securities, the sources ofpricing data and other qualifications concerning the pricing of securities. To determine the value of securities inyour account, we generally rely on third party quotation services. If a price is unavailable or believed to beunreliable, we may determine the price in good faith and may use other sources such as the last recordedtransaction. When securities are held at another custodian or if you hold illiquid or restricted securities for whichthere is no published price, we will generally rely on the value provided by the custodian or issuer of thatsecurity.

Cash: Cash on deposit at UBS Bank USA is protected by the Federal Deposit Insurance Corporation (FDIC) up to$250,000 in principal and accrued interest per depositor for each ownership type. Deposits made in anindividual's own name, joint name, or individual retirement 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 part of this position is held on margin or held in the shortaccount. When an account holds a debit balance, this debit balance is incorporated into the account's totalmarket value and deducted from the total value. When calculating the percent of portfolio on each security, thepercentage will be impacted by the total market value of the account. Therefore, if the account's market value isreduced by a debit value of a holding the percent of portfolio will be greater and if the account's market value isincreased by a holding then the percent of portfolio will be less.Asset Allocation: Your allocation analysis is based on your current portfolio. The Asset Allocation portion ofthis report shows the mix of various investment classes in your account. An asset allocation that shows asignificantly higher percentage of equity investments may be more appropriate for an investor with a moreaggressive investment strategy and higher tolerance for risk. Similarly, the asset allocation of a more conservativeinvestor may show a higher percentage of fixed income investments.Separately Managed Accounts and Pooled Investment Vehicles (such as mutual funds, closed end fundsand exchanged traded funds): The asset classification displayed is based on firm's proprietary methodology forclassifying assets. Please note that the asset classification assigned to rolled up strategies may include individualinvestments that provide exposure to other asset classes. For example, an International Developed Marketsstrategy may include exposure to Emerging Markets, and a US Large Cap strategy may include exposure to MidCap and Small Cap, etc.Mutual Fund Asset Allocation: If the option to unbundle balanced mutual funds is selected and if a fund'sholdings data is available, mutual funds will be classified by the asset class, subclass, and style breakdown oftheir underlying holdings. Where a mutual fund or ETF contains equity holdings from multiple equity sectors, thisreport will proportionately allocate the underlying holdings of the fund to those sectors measured as apercentage of the total fund's asset value as of the date shown.This information is supplied by Morningstar, Inc. on a daily basis to UBS FS based on data supplied by the fundwhich may not be current. Mutual funds change their portfolio holdings on a regular (often daily) basis.Accordingly, any analysis that includes mutual funds may not accurately reflect the current composition of thesefunds. If a fund's underlying holding data is not available, it will be classified based on its corresponding overallMorningstar classification. All data is as of the date indicated in the report.All pooled investment vehicles (such as mutual funds, closed end mutual funds, and exchange traded funds)incorporate internal management and operation expenses, which are reflected in the performance returns.Please see relevant fund prospectus for more information. Please note, performance for mutual funds is inclusiveof multiple share classes.Ineligible Assets: We require that you hold and purchase only eligible managed assets in your advisoryaccounts. Please contact your Financial Advisor for a list of the eligible assets in your program. These reports mayprovide performance information for eligible and ineligible assets in a fee-based program. Since ineligible assetsare not considered fee-based program assets, the inclusion of such securities will distort the actual performanceof your advisory assets. As a result, the performance reflected in this report can vary substantially from theindividual account performance reflected in the performance reports provided to you as part of those programs.

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Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) For fee-based programs, fees are charged on the market value of eligible assets in the accounts and assessedquarterly in advance, prorated according to the number of calendar days in the billing period. Neither UBS noryour Financial Advisor will act as your investment adviser with respect to Ineligible Assets.Variable Annuity Asset Allocation: If the option to unbundle a variable annuity is selected and if a variableannuity's holdings data is available, variable annuities will be classified by the asset class, subclass, and stylebreakdown for their underlying holdings. Where a variable annuity contains equity holdings from multiple equitysectors, this report will proportionately allocate the underlying holdings of the variable annuity to those sectorsmeasured as a percentage of the total variable annuity's asset value as of the date shown.This information is supplied by Morningstar, Inc. on a weekly basis to UBS FS based on data supplied by thevariable annuity which may not be current. Portfolio holdings of variable annuities change on a regular (oftendaily) basis. Accordingly, any analysis that includes variable annuities may not accurately reflect the currentcomposition of these variable annuities. If a variable annuity's underlying holding data is not available, it willremain classified as an annuity. All data is as of the date indicated in the report.Equity Style: The Growth, Value and Core labels are determined by Morningstar. If an Equity Style isunclassified, it is due to non-availability of data required by Morningstar to assign it a particular style.Equity Capitalization: Market Capitalization is determined by Morningstar. Equity securities are classified asLarge Cap, Mid Cap or Small Cap by Morningstar. Unclassified securities are those for which no capitalization isavailable on Morningstar.Equity Sectors: The Equity sector analysis may include a variety of accounts, each with different investment andrisk parameters. As a result, the overweighting or underweighting in a particular sector or asset class should notbe viewed as an isolated factor in making investment/liquidation decisions; but should be assessed on anaccount by account basis to determine the overall impact on the account's portfolio.Classified Equity: Classified equities are defined as those equities for which the firm can confirm the specificindustry and sector of the underlying equity instrument.Estimated Annual Income: The Estimated Annual Income is the dividend/interest rate paid by the investmentsolely as of the date of this report, annualized yearly per share and multiplied by the quantity of shares held inthe selected account(s). For Expected Cash Flow and Portfolio Holdings reports prior to June 23, 2023, savingsproducts & sweep funds do not display such calculations and instead, values are displayed as N/A. For all otherreports, Estimated Annual Income for savings products & sweep funds is not calculated or factored intoaggregate calculations and will be displayed as 0.Current Yield: Current yield calculations display the current yield of the investment solely as of the date of thisreport, is defined as the estimated annual income divided by the total market value. For Portfolio Holdings reportgenerated prior to June 23, 2023, savings products & sweep funds do not include such information and instead,values are displayed as N/A. For all other reports, Current Yield for savings products & sweep funds is notcalculated or factored into aggregate calculations and will be displayed as 0.YTM (at Market): Yield to Maturity (at Market) is the expected return of an interest-bearing security from thereport date, assuming that it is held to maturity with all coupon payments paid. For displays at the tax lot level,the Yield to Maturity is calculated based on the cost basis of that specific tax lot. For position level displays(consisting of multiple tax lots), Yield to Maturity is derived by using the weighted average cost basis of all the underlying tax lots.YTW (at Market): Yield to Worst (at Market) is the expected return of an interest-bearing security from thereport date, assuming that it is held to the next call date or until maturity (if no next call date) with all couponpayments paid. For displays at the tax lot level, the Yield to Worst is calculated based on the cost basis of thatspecific tax lot. For position level displays (consisting of multiple tax lots), Yield to Worst is derived by using theweighted average cost basis of all the underlying tax lots.Bond Rating: These ratings are obtained from independent industry sources and are not verified by UBS FS.Securities without rating information are left blank. Rating agencies may discontinue ratings on high yieldsecurities.NR: When NR is displayed under bond rating column, no ratings are currently available from that rating agency.High Yield: This report may designate a security as a high yield fixed income security even though one or morerating agencies rate the security as an investment grade security. Further, this report may incorporate a ratingthat is no longer current with the rating agency. For more information about the rating for any high yield fixedincome security, or to consider whether to hold or sell a high yield fixed income security, please contact yourfinancial advisor or representative and do not make any 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 adverse effects on the market value of their securities.Interest Rate Risk: Bonds are subject to market value fluctuations as interest rates rise and fall. If sold prior tomaturity, the price received for an issue may be less than the original purchase price.Reinvestment Risk: Since most corporate issues pay interest semiannually, the coupon payments over the lifeof the bond can have a major impact on the bond's total return.Call Provisions: When evaluating the purchase of a corporate bond, one should be aware of any features thatmay allow the issuer to call the security. This is particularly important when considering an issue that is trading ata premium to its call price, since the return may be negatively impacted if the issue is redeemed. Should an issuebe called, investors may be faced with an earlier than anticipated reinvestment decision, and may be unable toreinvest their principal at equally favorable rates.Effective Maturity: Effective maturity is the expected redemption due to pre-refunding, puts, or maturity anddoes not reflect any sinking fund activity, optional or extraordinary 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 are calculated to the worst call.Accrued Interest: Interest that has accumulated between the most recent payment and the report date may bereflected in market values for interest bearing securities.Bond Averages: All averages are weighted averages calculated based on market value of the holding, notincluding accrued interest.Tax Status: "Taxable" includes all securities held in a taxable account that are subject to federal and/or state or Report created on: May 01, 2024 Page 38 of 40
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Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) local taxation. "Tax-exempt" includes all securities held in a taxable account that are exempt from federal, stateand local taxation. "Tax-deferred" includes all securities held in a tax-deferred account, regardless of the statusof the security.Bond sensitivity analysis: This analysis uses Modified Duration which approximates the percentage pricechange of a security for a given change in yield. The higher the modified duration of a security, the higher itsrisk.  For callable securities, modified duration does not address the impact of changing interest rates on abond's expected cash flow as a result of a call or prepayment.Amortization and Accretion: Prior to March 2008, amortization was calculated using the straight line methodfor tax exempt securities and was not calculated for taxable securities. Post March 2008, amortization iscalculated using the constant yield method. Prior to October 2008, accretion due to original issue discount wasnot calculated. Post October 2008, accretion due to original issue discount is calculated using the constant yieldmethod.  Prior to January 2015, accretion due to market discount was calculated using the straight linemethod. Post January 2015, accretion due to market discount is calculated using the constant yield method. We assume the securities are held to par and premiums are calculated to call date. Amortization and accretionvalues may be incorrect due to adjustments related to cost basis. You may hold additional fixed income securitiesthat may not appear on this report. Please refer to your account statements for information regarding all of yourholdings.Gain/Loss: The gain/loss information may include calculations based upon non-UBS FS cost basis information.The Firm does not independently verify or guarantee the accuracy or validity of any information provided bysources other than UBS FS. In addition, if this report contains positions with unavailable cost basis, the gain/(loss)for these positions are excluded in the calculation for the Gain/(Loss). As a result these figures may not beaccurate and are provided for informational purposes only. Clients should not rely on this information in makingpurchase or sell decisions, for tax purposes or otherwise. Rely only on year-end tax forms when preparing yourtax return. See your monthly statement for additional information.Accounts Included in this Report: The account listing may or may not include all of your accounts with UBSFS. The accounts included in this report are listed under the "Accounts included in this review" shown on thefirst page or listed at the top of each page. If the account is a donor advised fund account, the assets in thoseaccounts are owned by the Sponsoring Charitable Organization, and not the donor. You and your financialadvisor have procured the appropriate authorization to view the assets in the donor advised fund account. If anaccount number begins with "@" this denotes assets or liabilities held at other financial institutions. Informationabout these assets, including valuation, account type and cost basis, is based on the information you provided tous, or provided to us by third party data aggregators or custodians at your direction. We have not verified, andare not responsible for, the accuracy or completeness of this information.Account name(s) displayed in this report and labels used for groupings of accounts can be customizable"nicknames" chosen by you to assist you with your recordkeeping or may have been included by your financialadvisor for reference purposes only. The names used have no legal effect, are not intended to reflect anystrategy, product, recommendation, investment objective or risk profile associated with your accounts or anygroup of accounts, and are not a promise or guarantee that wealth, or any financial results, can or will beachieved. All investments involve the risk of loss, including the risk of loss of the entire investment.For more information about account or group names, or to make changes, contact your Financial Advisor.

Account changes: At UBS, we are committed to helping you work toward your financial goals. So that we maycontinue providing you with financial advice that is consistent with your investment objectives, please considerthe following two questions:1) Have there been any changes to your financial situation or investment objectives?2) Would you like to implement or modify any restrictions regarding the management of your account?If the answer to either question is "yes," it is important that you contact your Financial Advisor as soon aspossible to discuss these changes. For MAC advisory accounts, please contact your investment manager directlyif you would like to impose or change any investment restrictions on your account.ADV disclosure: A complimentary copy of our current Form ADV Disclosure Brochure that describes theadvisory program and related fees is available through your Financial Advisor. Please contact your FinancialAdvisor if you have any questions.Important information for former Piper Jaffray and McDonald Investments clients: As anaccommodation to former Piper Jaffray and McDonald Investments clients, these reports include performancehistory for their Piper Jaffray accounts prior to August 12, 2006 and McDonald Investments accounts prior toFebruary 9, 2007, the date the respective accounts were converted to UBS FS. UBS FS has not independentlyverified this information nor do we make any representations or warranties as to the accuracy or completenessof that information and will not be liable to you if any such information is unavailable, delayed or inaccurate.For insurance, annuities, and 529 Plans, UBS FS relies on information obtained from third party services itbelieves to be reliable. UBS FS does not independently verify or guarantee the accuracy or validity of anyinformation provided by third parties. Information for insurance, annuities, and 529 Plans that has been providedby a third party service may not reflect the quantity and market 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 and tax regulations within their applicable jurisdiction that arenot addressed in this report. Nothing in this report shall be construed to be a solicitation to buy or offer to sellany security, product or service to any non-U.S. investor, nor shall any such security, product or service besolicited, offered or sold in any jurisdiction where such activity would be contrary to the securities laws or otherlocal laws and regulations or would subject UBS to any registration requirement within such jurisdiction.Performance History prior to the account's inception at UBS Financial Services, Inc. may have been included inthis report and is based on data provided by third party sources. UBS Financial Services Inc. has notindependently verified this information nor does UBS Financial Services Inc. guarantee the accuracy or validity ofthe information.Important information about brokerage and advisory services. As a firm providing wealth managementservices to clients, UBS Financial Services Inc. offers investment advisory services in its capacity as an SECregistered investment adviser and brokerage services in its capacity as an SEC-registered broker-dealer.Investment advisory services and brokerage services are separate and distinct, differ in material ways and aregoverned by different laws and separate arrangements. It is important that clients understand the ways in whichwe conduct business, that they carefully read the agreements and disclosures that we provide to them about theproducts or services we offer. For more information, please review client relationship summary provided at ubs.com/relationshipsummary. UBS Financial Services account protectionThe Firm is a member of the Securities Investor Protection Corporation (SIPC), which protects securities Report created on: May 01, 2024 Page 39 of 40
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Disclosures Applicable to Accounts at UBS Financial Services Inc. (continued) customers of its members up to $500,000 (including $250,000 for claims for cash). Explanatory brochureavailable upon request or at www.sipc.org. The SIPC asset protection limits apply to all accounts that you hold ina particular capacity.The Firm, together with certain affiliates, has also purchased supplemental insurance. The maximum amountpayable to all eligible clients, collectively under this protection is $500 million as of December 10, 2019. Subjectto the policy conditions and limitations, cash at the Firm is further protected for up to $1.9 million in theaggregate for all your accounts held in a particular capacity. A full copy of the policy wording is available uponrequest.Neither the SIPC protection nor the supplemental protection apply to:
• Certain financial assets controlled by (and included in your account value) but held away from UBS Financial Services. For example certain (i) insurance products, including variable annuities,and (ii) shares of mutual funds registered in the name of the account holder on the books ofthe issuer or transfer agent); • Investment contracts or investment interests (e.g., limited partnerships and private placements) that are not registered under the Securities Act of 1933; • Commodities contracts (e.g., foreign exchange and precious metal contracts), including futures contracts and commodity option contracts;
• Securities on loan to UBS Financial Services; and• Deposit accounts (except certificates of deposit) at UBS Bank USA, UBS AG U.S. branches and banks in the FDIC Insured Deposit Program.

The SIPC protection and the supplemental protection do not apply to these assets even if they otherwise appearon your statements. The SIPC protection and the supplemental protection do not protect against changes in themarket value of your investments (whether as a result of market movement, issuer bankruptcy or otherwise).Non-UBS Assets and Liabilities: This report is not intended to provide you with consolidated information orreporting regarding your holdings at other firms. However, at your request, this report may include informationregarding assets that you hold at other financial institutions so that you may review your asset allocation and/orinvestment strategy in the context of your overall holdings. You should review and maintain the originaldocuments for these assets, such as the statements for individual accounts held away from UBS. Thosedocuments may contain notices, disclosures and other information important to you, and may also serve as areference should questions arise regarding the accuracy of that information as presented in this report.The information presented for accounts held at other financial institutions has been provided to UBS at yourdirection through your agreement with an Outside Asset Data Aggregation Service. These accounts have beenadded to this report at your request and are automatically updated to reflect the most recent data received fromthe custodian. Information may have also been provided based on documents and valuation you provided toyour Financial Advisor. These accounts have been added to this report at your request and may not reflect thecurrent valuation.If an account number begins with "@" this denotes assets or liabilities held at other financial institutions.Information about these assets, including valuation, account type and cost basis, is based on the information youprovided to us, or provided to us by third party data aggregators or custodians at your direction. We have notverified, and are not responsible for, the accuracy or completeness of this information.

If the information you or your custodians provided to us is not current, inclusion of these assets will impact theaccuracy of the current asset allocation and other analysis presented. We do not provide purchase, sale or holdrecommendations or advice with respect to your assets 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 you maintain assets at other firms that may be SIPCmembers, you should contact their financial representative or the other entity or refer to the other entitysstatement regarding SIPC membership. Your UBS Financial Services Inc. account statements are the only officialrecord of your UBS holdings and account and are not replaced, amended or superseded by any of theinformation presented in this report.Assets that you hold at other financial institutions are priced using the closing price reported on the last businessday preceding the date of this report. Every reasonable attempt has been made to accurately price securities;however, we make no warranty with respect to any security’s price. To determine the value of securities in youraccount, we generally rely on third party quotation services. If a price is unavailable or believed to be unreliable,we may determine the price in good faith and may use other sources such as the last recorded transaction.When securities are held at another custodian or if you hold illiquid or restricted securities for which there is nopublished price, we will generally rely on the value provided by the custodian or issuer of that security.The value of assets held at other financial institutions is based on the "Last Refresh Date" displayed. Up todate valuation and information can be obtained directly from the custodian of your assets. The accountstatements you receive from your third party custodian regarding the assets you hold with them are the officialrecord of your holdings and accounts and are not impacted or superseded by the information in this report.Account balances and security pricing will always display in U.S. Dollars even if assets in your Outside Accountsare denominated in other currencies. UBS will convert any values received in the Outside Account Information toU.S. Dollars using foreign exchange rates from UBS as of the previous business.

Report created on: May 01, 2024 Page 40 of 40
Item #5. Page 43
Meeting Date: 5/28/2024 / Packet Page #: 97

STAFF REPORT
TO: Mayor And Council Members DATE: MAY 28, 2024
FROM: Community Development DISTRICT(S): CITY-WIDE
SUBJECT: Second Reading And Adoption Of Ordinance No 2085 Amending The Glendora Municipal Code To Bring It Into Compliance With State Law And Streamline Construction Of ADU And SB 9 Units Consistent With The General Plan Housing Element (File # PLN23-0035)

RECOMMENDATION
That the City Council:

1. Waive full reading, read by title only, and adopt on second reading Ordinance No 2085 entitled “An ordinance of the City Council amending certain sections of Title 21 (Zoning) of the Glendora Municipal Code to bring it into compliance with State law and streamline the construction of Accessory Dwelling Units and SB 9 units consistent with the City’s 6th RHNA Cycle (2021-2029) General Plan Housing Element (File # PLN23-0035).”

STRATEGIC FOCUS AREAS
 Goal 1: Implement Strategic Economic Development (ISED) Objective 5: Sixth Cycle Housing Element Follow-up

EXECUTIVE SUMMARY
In response to the State’s housing crisis, the Governor has signed over 50 new laws designed to streamline housing construction and protect tenants. The State has multiple laws and rules limiting local regulation of Accessory Dwelling Units (ADUs). Furthermore, the State enacted SB 9 in 2022 which provides new pathways for additional dwelling units and administrative (no hearing) urban lot splits in eligible residential zones. This effectively ended single-family zoning in California by allowing up to four dwelling units on most single-family lots. The ordinance revision will bring the City’s ADU and SB 9 standards in compliance with State law, simplify several development standards, improve customer service, and streamline the approval process. The Planning Commission recommended approval of the ordinance at their April 2, 2024 meeting. The first reading of the proposed ADU/SB 9 ordinance was continued from the April 23rd City Council meeting, as clarification was requested pursuant to the set of provisions related to the size of a primary residential unit on the undeveloped portion of an urban lot split (SB9). On May 14, 2024, the City Council adopted first reading of the ordinance.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The State believes that there is a crisis in housing production, which is caused by many factors including local zoning regulations that impede the construction of more housing. To address the perceived cause of the housing production crisis, the State has severely curtailed local control over ADUs, Junior ADUs (JADUs), and secondary SB 9 units. The State has enacted a plethora of ADU laws in recent years including AB 2221, AB 916, AB 561, and SB 897. These laws function to modify and expand the provisions of the California Government Code (CGC) regulating ADUs. The State is removing local regulatory barriers to housing production in many areas, including existing single-family neighborhoods.

Finally, the Housing Element makes a number of commitments relevant to ADUs. Housing Element Policy

5.3 calls for encouraging “the provision of housing to meet the needs of families of all sizes.” The Housing Element reiterates that “California law requires local jurisdictions to adopt ordinances that establish the conditions under which second dwelling units are permitted (Government Code § 65852.2).

Item #6. Page 1
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Glendora’s current standards and policies are out of compliance with State law, and internally inconsistent due to the ad hoc and reactive nature of code updates over the years. Section 21.04.040 of the GMC provides current ADU regulations and standards. The SB 9 Policy (Attachment G) provides a framework for standards that comply with State law. Recent housing laws enacted and enforced by the State have rendered Glendora’s ADU regulations out of compliance with State law chiefly in terms of eliminating ADU bedroom counts, allowing for taller single-story ADUs, and allowing for attached two-story ADUs. A summary of the proposed changes are as follows:
Ÿ Brings ADU and SB 9 secondary unit standards into consistency with each other. Ÿ Allows for two (2) story detached and attached ADUs.
Ÿ Institutes a 25-foot height limit for all ADUs regardless of single (1) or two (2) stories. Ÿ Allows for up to 1,200 square foot ADUs and SB 9 secondary units, subject to objective standards, regardless of FAR and bedroom count and the number and size of other accessory structures.
Ÿ Institutes a universal 4-foot side and rear setback for all development on a single-family residential lot whether the structure is an ADU, SB 9 unit, accessory structure, home addition, or open patio cover.
Ÿ Eliminates Development Plan Review for all second-story construction within single-family residential zones.

This update to the Zoning Code will bring Glendora into compliance with State law and implement the Housing Element. The Planning Commission recommended approval of the ordinance at their April 2, 2024 meeting, with three members present voting in favor, and two members absent. City Council held a public hearing for the first reading of the ordinance on April 23, 2024. The first reading of the proposed ADU/SB 9 ordinance was continued to May 14, 2024, as clarification was requested pursuant to the set of provisions related to the size of a primary residential unit on the undeveloped portion of an urban lot split (SB9).

Under the proposed ordinance presented to the City Council on April 23, 2023, the maximum allowable size proposed for a primary unit on an SB 9 lot split was whatever was allowable under the underlying zone’s floor area ratio (FAR) and then subtracting 1,200 square feet for the possibility of a secondary unit.

In some instances, a secondary unit may not be allowed if there were three units on the lot before the split. The example provided was for a 20,000 sqft original lot that resulted in a new 10,000-square-foot undeveloped lot pursuant to an SB9 lot split. Applying a 35% FAR (in what zoning? R1, E-x, etc.), a proposed SB 9 primary unit may be up to 2,300 square feet (3,500 - 1,200 square feet). The reduction of 1,200 is equal to the maximum size of a potential secondary unit (Section 21.04.040.2.k of the draft ordinance contains a table outlining SB 9 unit development standards). Therefore, to address this ambiguity and staff recommended City Council consider two options:

Option 1: Remove 1,200 SF reduction from the primary residence | The simplest solution to the policy questions is removing the 1,200-square-foot reduction and just using 0.35 FAR as the maximum allowable size for a primary dwelling unit under an SB 9 lot split. On very small lots, practical and policy constraints will limit the size of units. Under this option, staff suggests rewording the size limit for proposed primary residences on undeveloped lots as follows:

Proposed Primary SB 9
Unit Size on an
undeveloped lot created
through an SB 9 lot split.
“Maximum allowable under the underlying zone’s floor area ratio (FAR).

For example, on a 10,000-square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be up to 3,500 square feet. On a 5,000-square-foot lot, the primary dwelling unit may be up to 1,750 square feet.” Option 2: Retain provision but clarify minimum primary unit reduction | This policy options creates a floor for how far the 1,200-square-foot reduction can reduce the primary residence on the lot created through the SB9 process. Under this option, staff suggests rewording the size limit for proposed primary residences on undeveloped lots as follows:

Item #6. Page 2
Meeting Date: 5/28/2024 / Packet Page #: 99
Proposed Primary SB 9
Unit Size on an
undeveloped lot created
through an SB 9 lot split.
“Maximum allowable under the underlying zone’s floor area ratio (FAR) subtracting 1,200 square feet. The application of FAR shall not preclude the construction of a primary dwelling unit of 1,200 square feet. For example, on a 10,000-square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be up to 2,300 square feet. On a 5,000-square-foot lot, the primary dwelling unit may be up to 1,200 square feet.” At the May 14, 2024 continuation, the City Council unanimously moved to:

1. Find and determine that the Proposed Ordinance is exempt from the California Environmental Quality Act (CEQA);

2. Introduce for first reading an Ordinance 2085 entitled, “An ordinance of the City Council amending certain sections of Title 21 (Zoning) of the Glendora Municipal Code to bring it into compliance with State law and streamline the construction of Accessory Dwelling Units and SB 9 units consistent with the City’s 6th RHNA Cycle (2021-2029) General Plan Housing Element (File # PLN23-0035)”;

3. Direct staff to proceed with Option 1 and make the necessary revisions to ordinance regarding the maximum allowable size of new primary units on new lots created through an SB 9 lot split; and

4. Direct the preparation of a summary of the ordinance for publication pursuant to Govt Code 36933 and Resolution CC 2018-40.

DISCUSSION
Staff recommends that City Council waive full reading, read by title only, and adopt on second reading Ordinance No. 2085 entitled “An ordinance of the City Council amending certain sections of Title 21 (Zoning) of the Glendora Municipal Code to bring it into compliance with State law and streamline the construction of Accessory Dwelling Units and SB 9 units consistent with the City’s 6th RHNA Cycle (2021- 2029) General Plan Housing Element (File # PLN23-0035).”

FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of the Ordinance. The elimination of burdensome zoning regulations is anticipated to reduce processing time and staff time associated with new development and construction.

ENVIRONMENTAL DETERMINATION
The City of Glendora, as the lead agency, is responsible for preparing environmental documentation in accordance with the California Environmental Quality Act (CEQA). On December 13, 2022, the Glendora City Council adopted a new General Plan Housing Element in compliance with the 6th RHNA Cycle (2021-2029), and an Initial Study and Negative Declaration (IS/ND) were prepared [State Clearinghouse #2017041043]. This zoning amendment is consistent with the changes considered in the IS/ND. Finally, the amendments are mostly minor changes to development standards and/or general/administrative processes which will not result in any significant effects on the environment. Therefore, the proposed Ordinance is exempt from the provisions of CEQA pursuant to § 15060(c)(2), § 15060(c)(3), § 15378(b)(2), § 15378(b)(5), and § 15061(b)(3). It is certain that the legislative act of amending the GMC will not have a significant, or any, impact on the environment, and therefore is not subject to CEQA.

Prepared By Hans Friedel, AICP, Principal Planner
Concurs With Kurt Norwood, Planning Commission
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
Item #6. Page 3
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ATTACHMENTS:

A. Ordinance No. 2085
B. Notice of Ordinance Summary (Proposed) - Published May 23, 2024 C. Notice of Ordinance Summary (Adopted) - Requiring Publication Item #6. Page 4
Meeting Date: 5/28/2024 / Packet Page #: 101
01240.0005/962451.1
ORDINANCE NO. 2085

AN ORDINANCE OF THE CITY COUNCIL AMENDING CERTAIN
SECTIONS OF TITLE 21 (ZONING) OF THE GLENDORA MUNICIPAL

CODE TO BRING IT INTO COMPLIANCE WITH STATE LAW AND

STREAMLINE THE CONSTRUCTION OF ACCESSORY DWELLING
UNITS AND SB 9 UNITS CONSISTENT WITH THE CITY’S 6TH RHNA CYCLE (2021-2029) GENERAL PLAN HOUSING ELEMENT (FILE #
PLN23-0035).”

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City of Glendora (City) is aware of the State housing crisis and recognizes the need to provide housing for all economic segments of the community; and WHEREAS, the City recognizes that Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), and SB 9 primary and secondary units are important improvements for property owners to provide needed housing and meet the City’s Regional Housing Needs Assessment (RHNA); and
WHEREAS, the City has adopted a General Plan, which includes all the elements mandated by California Government Code Section 65302; and WHEREAS, on December 13, 2022, the City adopted a General Plan Housing Element (Housing Element) for its 6th RHNA Cycle to cover the planning period from 2021 through 2029; and
WHEREAS, the Housing Element contains 17 programs for addressing community housing needs according to the following issue areas of Housing Conservation and Improvement, Housing Assistance, Provision of Adequate Housing Sites, Removal of Governmental Constraints, and the Promotion of Equal Housing Opportunity; and
WHEREAS, this Ordinance provides for the implementation of Program 14 as set forth in the City’s adopted Housing Element to amend the City’s ADU ordinances to be consistent with state law, including but not limited to, eliminating the limit on the number of bedrooms; and WHEREAS, this Ordinance is consistent with the Initial Study and Negative Declaration prepared for the Housing Element in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission and City Council approved an initial policy (SB 9 Policy) to comply with the provisions of Senate Bill 9 (codified in California Government Code Sections 65852.21 and 66511.7); and
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Ordinance No. ____ Page 2 of 38
WHEREAS, the SB 9 Policy been revised and improved, the most recently in September of 2023; and
WHEREAS, this Ordinance amends Section 21.04.040 of the Glendora Municipal Code (GMC) to codify certain provisions of the SB 9 Policy and update its provisions to provide consistency with state laws regulating additional dwelling units; and WHEREAS, the Planning Commission held a public hearing on April 2, 2024, after due notice was given as required by law, and recommended adoption of this Ordinance; and WHEREAS, the City Council held a public hearing on April 23, 2024, after due notice was given as required by law, at which time oral and documentary evidence was introduced along with the recommendation of the Planning Commission.

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

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

SECTION 2. The City, as the lead agency, is responsible for preparing environmental documentation in accordance with CEQA. On December 13, 2022, the City Council adopted a new General Plan Housing Element in compliance with the 6th RHNA Cycle (2021-2029), and an Initial Study and Negative Declaration (IS/ND) were prepared [State Clearinghouse #2017041043]. The City Council finds the introduction and adoption of this Ordinance’s zoning amendments to be consistent with the residential densities and total units considered in the IS/ND as well as the housing production actions committed to the State for certification of the housing element. Finally, the amendments are mostly minor changes to development standards and/or general/administrative process which will not result in any significant effects on the environment.

SECTION 3. Section 21.04.040 of Title 21 (Zoning) of the Glendora Municipal Code (GMC) is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.04.040 Accessory dwelling units and secondary SB 9 units.

A. Purpose. This section is intended to implement provisions of Government Code Sections 65852.2, 65852.22, 66452.6, 65852.21, and 66411.7 and, in case of ambiguity, shall be interpreted to be consistent with such provisions.

B. Applicability.

1. Accessory dwelling units shall be permitted on any lot where single-family or multifamily dwelling units are permitted. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located and will be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.

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Ordinance No. ____ Page 3 of 38

2. Secondary SB 9 units and primary dwelling units shall be permitted on any lot zoned for single-family residential except as limited herein. Secondary SB 9 units shall not exceed the allowable density for the lot upon which they are located and are considered a residential use that is consistent with the existing general plan and zoning designation for the lot.

C. Accessory dwelling units.

1. Location.
a. An accessory dwelling unit shall be located on a lot that is zoned to allow single or multifamily residential uses and includes a proposed or existing dwelling. b. The accessory dwelling unit is either attached to the existing primary dwelling unit, attached to a secondary SB 9 unit, or detached and located on the same lot. c. An accessory dwelling unit shall not be permitted in a very high fire hazard severity zone where the lot is not served by a public or private street that meets city City standards.

2. Standards.
a. An accessory dwelling unit must be located on the same lot as the proposed or existing primary dwelling.
b. An accessory dwelling unit may be either attached or detached from the primary dwelling, attached or detached from any secondary SB 9 units, and in multifamily or mixed-use zones, attached or detached from any other accessory dwelling units. c. Attached or detached accessory dwelling units shall provide a separate entrance from the primary dwelling.
d. Accessory dwelling units shall have their address clearly labeled on the main entrance, and if the main entrance is not viewable from the street that the primary dwelling fronts, a corresponding address marking shall be viewable from the street. d. An accessory dwelling unit may have one or two bedrooms. e. An accessory dwelling unit shall comply with the lot coverage, floor area ratio, front setbacks, open space requirements, and limitations on the number and size of accessory structures of the zone, except that that. The application of these zoning standards shall not preclude the construction of an accessory dwelling unit that is eight hundred up to one thousand two hundred (1,200) square feet and maintains four-foot (4) side and rear setbacks, and is otherwise in compliance with all other local design, development standards. f. The architectural design and detailing, roof pitch and material, and exterior color and finish materials including trim and windows of an accessory dwelling unit shall match or Item #6. Page 7
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Ordinance No. ____ Page 4 of 38
complement the primary dwelling or be consistent with the City’s adopted objective design standards for residential development.
g. An accessory dwelling unit may not be sold or otherwise conveyed separate from the primary dwelling.
h. Neither the primary dwelling nor the accessory dwelling unit shall be rented for a period of less than thirty (30) days.
i. Accessory Dwelling Unit Development Standards:

Location Attached or detached from an existing dwelling unit.

Size Minimum size: efficiency unit as defined in the California Health and Safety Code § 17958.1.

Maximum size shall be 1,200 square feet.

Setbacks Front setback shall be the same as the regulatory setback of the zoning district.

Minimum side and rear setbacks shall be four (4) feet.

Height Maximum of two (2) stories, not to exceed 25 feet in height.

Off-street parking Not required, but one (1) space per dwelling unit recommended.

Attached
Location Attached to an existing or proposed primary dwelling unit Minimum size: efficiency unit as defined in Health and
Minimum/Maximum Safety Code § 17958.1
Size Maximum size: 50% of primary dwelling but not more than 1,000 square feet.

Setbacks
Same as the regulatory setbacks of the building to which the accessory dwelling units is attached, except that the side and rear setbacks are not required to be more than 4 feet.

Height
One story located and attached at the ground floor. Shall not exceed the maximum building height allowed for the
primary dwelling.

Detached
Location Side or rear yard
Minimum size: efficiency unit as defined in Health and
Safety Code § 17958.1 Size Maximum size: 1,000 square feet subject to development standards of the zone.

Setbacks Front - as required for accessory structures in the zone; Side - 3 feet; Rear - 3 feet
Height One story; 16 feet
Item #6. Page 8
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Ordinance No. ____ Page 5 of 38
D. Junior Accessory Dwelling Units.

1. Location.
a. A junior accessory dwelling unit may be located on a lot within a single-family zone. b. A junior accessory dwelling unit shall be constructed within the walls of a proposed or existing single-family residence.

2. Standards.
a. A junior accessory dwelling unit shall not exceed five hundred (500) square feet and shall be constructed within the existing walls of an existing or proposed single-family dwelling. An additional one hundred fifty (150) square feet beyond the physical dimensions of the existing structure is permitted to accommodate ingress and egress to the junior accessory dwelling unit. b. A junior accessory shall include a separate exterior entrance from the main entrance to the primary dwelling unit.
c. A junior accessory dwelling unit shall include at least an efficiency kitchen which shall include all of the following: (i) a cooking facility with appliances; and (ii) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
d. A junior accessory dwelling unit may include separate sanitation facilities or share sanitation facilities with the existing primary dwelling. e. A junior accessory dwelling unit shall require owner-occupancy of the primary dwelling or the junior accessory dwelling unit. Before permit issuance, the City shall be provided a copy of a recorded deed restriction which shall include: (i) restrictions on the size and attributes of the junior accessory dwelling unit; (ii) prohibition of the sale of the junior accessory dwelling unit separate from the primary dwelling; (iii) if the junior accessory dwelling unit or primary dwelling is rented, the term shall not be for a period of less than thirty days; (iv) requirement that either the junior accessory dwelling or the primary dwelling be occupied by the property owner; and (v) a statement that the deed restriction shall be enforced against future owners.

E. Density and Conversion of Existing Structures.

1. The number of accessory and junior accessory dwelling units shall be permitted as follows:
a. One accessory dwelling unit on a lot located within a single-family zone. b. One junior accessory dwelling unit on a lot located within a single-family zone. c. The junior accessory dwelling unit is allowed on the same lot as an accessory dwelling unit and secondary SB 9 unit provided that the junior accessory dwelling unit is within the walls Item #6. Page 9
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Ordinance No. ____ Page 6 of 38
of a proposed or existing primary single-family dwelling. A junior accessory dwelling unit may be allowed on the same lot as an accessory dwelling unit provided the following criteria are met:
i. The accessory dwelling unit is detached and the junior accessory dwelling unit is within the proposed or existing space of a primary single-family dwelling. d. An existing detached accessory structure, regardless of size, may be converted to an accessory dwelling unit. No setback is required for the conversion or replacement of an existing living area, garage, or accessory structure to an accessory dwelling unit where the dimensions and location of the existing structure will not change.
e. Two (2) accessory dwelling units located on a lot with an existing or proposed multifamily dwelling.
f. Portions of a multifamily dwelling structure that is not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages may be converted to an accessory dwelling unit if each unit complies with state building standards for dwelling. The number of accessory dwelling units created by converting non-livable space shall not exceed twenty-five (25) percent of the multifamily dwelling units. Where the number of existing dwelling units is seven (7) or less, one accessory dwelling unit by conversion may be created. (Ord. 2053 § 3, 2020)
F. SB 9 Units

1. Location.
a. SB 9 lot splits and dwelling units shall be located on a lot within a single-family zone excluding the following:
i. A very high fire hazard severity zone where the lot is not served by a public or private street that meets City standards;
ii. A lot located within the Historic Preservation Overlay Zone (HPOZ); iii. A property that is on the State Historic Resources Inventory, or a site designated as a City or County landmark, or historic property or district; iv. Sites in 100-year floodplains and floodways unless a letter of map revision has been issued by FEMA or meets the minimum National Flood Insurance Program requirements as defined by FEMA;
v. Designated habitat for a protected species; or
vi. Undeveloped lots not improved with an existing single-family dwelling are ineligible for an SB 9 lot split.

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Ordinance No. ____ Page 7 of 38

2. Application Eligibility.
a. An applicant for SB 9 lot split must be an individual property owner of record meaning a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title, verifiably live on the subject project from the time of application, and agree to live on the subject property by signing a legal affidavit under penalty of perjury for false statements, to intend to live on the subject property for three (3) years from the date of the application. An applicant may not include any corporation or corporate person of any kind except for a community land trust or a qualified nonprofit corporation. b. Parcels created through a prior SB 9 lot split shall not be further subdivided. Neither the owner of the parcel being divided nor any other person acting in concert with the owner shall have previously subdivided any adjacent parcel under SB 9.

3. Standards
a. A secondary SB 9 unit must be located on the same lot as the proposed or existing primary dwelling.
b. A secondary SB 9 unit may be either attached or detached from the primary dwelling, attached or detached from any accessory dwelling units. c. Attached or detached SB 9 dwelling units shall provide a separate entrance from the primary dwelling.
d. SB 9 units shall have their address clearly labeled on the main entrance, and if the main entrance is not viewable from the street that the primary dwelling fronts, a corresponding address marking viewable from the street.
e. The architectural design and detailing, roof pitch and material, and exterior color and finish materials including trim and windows of an SB 9 unit shall match the primary dwelling or be consistent with the City’s adopted objective design standards for residential development. f. An SB 9 unit shall not be sold or otherwise conveyed separately from the primary dwelling unit sharing the same lot.
g. Neither the primary dwelling nor the SB 9 unit shall be rented for a period of less than thirty (30) days.
h. The application of zoning standards shall not preclude the construction of a secondary SB 9 unit that is up to one thousand two hundred (1,200) square feet and maintains four-foot (4) side and rear setbacks, and is otherwise in compliance with all other local design, development standards. Secondary SB 9 units are exempt from floor area ratio requirements. i. If there is a combination of SB 9 units, ADUs, and/or JADU, the parking requirement for each unit shall be according to the standards for that unit in the Glendora Municipal Code.

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Ordinance No. ____ Page 8 of 38
j. One off street parking space per SB 9 unit shall be required, outside of the required setbacks abutting a public or private street, according to the standards prescribed in Section

21.03.020, unless:
i. The parcel is located within a one-half (1/2) mile walking distance of a highquality transit corridor, or a major transit stop (see definitions in Public Resources Code Sections 21155 and 21064.3);
ii. There is a car share vehicle located within one block of the parcel. For Glendora, the only eligible transit facilities known are Metro’s “APU/Citrus” station and the future “Glendora” station.
k. SB 9 unit development standards:

Location Attached or detached from an existing dwelling unit.

Secondary SB 9 Unit Size Minimum size: efficiency unit as defined in the California Health and Safety Code § 17958.1.

Maximum size shall be 1,200 square feet.

Proposed Primary SB 9
Unit Size on an
undeveloped lot created
through an SB 9 lot split.

Maximum allowable under the underlying zone’s floor area ratio (FAR). For example, on a 10,000-square-foot lot with a 35% FAR, a proposed SB 9 primary unit may be up to 3,500 square feet. On a 5,000-square-foot lot, the primary dwelling unit may be up to 1,750 square feet.

Setbacks Front setback shall be the same as the regulatory setback of the zoning district.

Side and rear setbacks shall be 4 feet.

Height Two (2) stories, not to exceed 25 feet in height.

Open Space 200 square feet of open space shall be provided per dwelling unit on SB 9 developments. This may be common open space and no dimension shall be less than ten (10) feet. Parking facilities, driveways, and service areas are not usable open space.

Off-Street Parking One (1) off-street parking space, meeting City standards, is required per SB 9 unit. For example, on a development with a primary dwelling unit, an ADU, and a Secondary SB 9 unit, two spaces are required (1 for the primary dwelling, and 1 for the Secondary SB 9 unit, with ADUs exempt from parking
requirements).

4. Density and conversion of existing structures. The number of SB 9 units shall be permitted as follows:
a. One primary SB 9 unit on a lot created through an urban lot split.

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b. One secondary SB 9 unit on a lot located within a single-family zone. c. The total number of dwelling units within the area of the original single-family lot shall not exceed four (4) regardless of whether the lot is split or not i.e. SB 9 is not a pathway to get 8 units on two lots created from one original lot.
d. Possible residential dwelling unit configurations if lot is not split under SB 9:
i. Primary dwelling, secondary dwelling
ii. Primary dwelling, JADU
iii. Primary dwelling, ADU
iv. Primary dwelling, ADU, JADU
v. Primary dwelling, secondary dwelling, ADU
vi. Duplex (primary and secondary dwelling attached)
vii. Duplex (primary and secondary dwelling attached), ADU(s) viii. Primary dwelling, detached ADU(s), and JADU
ix. Quadplex (Primary dwelling, secondary dwelling, ADU, and JADU) e. Possible residential dwelling unit configurations if lot is split under SB 9:
i. Primary dwelling, secondary dwelling
ii. Duplex (one primary and one secondary dwelling attached) iii. Primary dwelling with a JADU
iv. Primary dwelling with an existing ADU (attached or detached) f. A primary dwelling unit that was legally established prior to the SB 9 lot split and that is larger than 1,200 square feet, may only be enlarged to the maximum square footage allowable under the FAR subtracting 1,200 square feet. If an existing primary dwelling unit exceeds the allowable FAR, then the primary dwelling unit may not be enlarged. g. Unless superseded by state law, the granting of variances for relief from any development standard or requirement for any permit under SB 9 is prohibited.” Item #6. Page 13
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SECTION 4. Section 21.01.020 of Title 21 (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.01.020 Definitions.

A. Purpose. The purpose of this section is to promote consistency in the application and interpretation of regulations throughout this title. The meaning and construction of words and phrases defined in this section are to apply throughout this title.

B. General Interpretation.

1. The word “shall” is mandatory and not discretionary. The word “may” is permissive and discretionary.

2. In the case of any differences of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

3. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable and words in the singular and plural are interchangeable.

4. The word “person” shall include natural individuals and artificial entities.

5. The word “use” shall include alter, arrange, build, construct, convert, design, develop, enlarge, erect, establish, expand, lease, maintain, occupy, operate, rent or intend to use.

C. Definitions.
“Access” means entrance to or exit from a parcel of land or use from a right-of-way or easement. “Accessory dwelling unit” or “ADU” means an attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (1) an efficiency unit as defined in Section 17958.1 of the California Health and Safety Code; (2) a manufactured home, as defined in Section 18007 of the California Health and Safety Code. “Accessory use” means a use that is subordinate and incidental to a principal use on a parcel of land, provided, that such use does not alter the principal use of the land. “Addition” means any construction that increases the size of a structure. “Adult business” means any establishment that offers its patrons—as a substantial or significant portion of the business—materials, services or entertainment that is characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas Item #6. Page 14
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or an establishment with a segment or section devoted to the sale or display of such materials, services or entertainment. Such establishments may include, but not be limited to, any of the following:

1. Adult Bookstore. An establishment having, as a substantial or significant portion of its stock in trade, material that is characterized by its emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

2. Adult Hotel or Motel. A hotel or a motel where material is presented through closed circuit television, cable television or any other form of media or telecommunications that is characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.

3. Adult Theater. An establishment where there is presented live entertainment, motion pictures, slide photographs, closed circuit television, cable television or any other form of media or telecommunications that is characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.

4. Modeling Studio. An establishment where figure models display specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying consideration or gratuity.

For the purpose of the definition of “adult business”:

1. “Material” includes books, drawing, magazines, motion pictures, newspapers, paintings, pamphlets, periodicals, photographs, prints, video cassettes or any other similar matter or combination.

2. “Specified anatomical areas” includes less than completely and opaquely covered human genitals, pubic region, buttock and female breasts below a point immediately above the top of the areola and human male genitals in a discernibly enlarged state, even if completely and opaquely covered.

3. “Specified sexual activities” includes human genitals in a state of sexual stimulation, arousal or enlargement; actual or simulated acts of masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts. “Aisle” means a driveway that abuts and provides direct access to parking stalls. “Alteration” means any change in the arrangement of the supporting members of a structure or change in the appearance of a structure, but excluding work for which a building permit is not required.
“Alteration (of a preserved feature of a historic resource or landmark)” means any exterior change in a preserved feature of a historic resource or landmark, such as color, texture, topography, Item #6. Page 15
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grading, plant materials, paving, natural features, archaeological areas, signs, fixtures, furniture, walls, fences, stairs, etc.
“Amusement device” means any device that provides entertainment in exchange for payment. This definition shall not include jukeboxes, telephone devices or machines that dispense food, beverages or merchandise.
“Antenna” means any system of wires, poles, rods, towers, whips, reflecting discs, dishes or similar devices used for the transmission or reception of radio, telephone, television or other audio or visual signals.
“Antique store” means a retail business engaged in buying and selling antiques which consist of old objects such as china or furniture considered valuable because of their age, beauty or rarity.

All business activity and storage shall be conducted within a building. “Apartment” means a room or set of rooms leased as a dwelling unit. A building containing several individual apartments.
“Applicable development” means a development project that meets the threshold criteria contained in Section 21.03.070(C)(1), (2) and (3), Trip Reduction and Travel Demand Management Measures.
“Application workshop” means an informal workshop to familiarize applicants and property owners with the regulations and procedures that apply to the projects. “Arcade” means an establishment containing three or more amusement devices. “Architectural feature” means a physical element embodying the style, design, arrangement and components of an improvement that provides variation or relief, including, but not limited to, the kind, color and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures added to such improvement.

Area, Gross. “Gross area” means the total land area of a parcel of land before rights-of-way, easements and other areas to be dedicated or reserved for public use are deducted.

Area, Net. “Net area” means the total land area of a parcel of land after rights-of-way, easements and other areas to be dedicated or reserved for public use are deducted. “Basement” means a floor level partly or wholly underground. “Beauty/health spa” means a commercial establishment, such as a (nonmedical) health spa or day spa, providing a comprehensive range of beauty, health, relaxation, and personal care and grooming services including, but not limited to, hair cutting and styling, facials and skin care, skin treatments, aesthetician services, nail care, hair removal, electrolysis, cosmetics, tanning, body wrapping, and weight management. A “beauty/health spa” does not include massage/massage therapy as defined in Title 5 Chapter 1.10 Massage Establishments.

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“Beauty shop” means a commercial establishment that sells beauty and health products and/or provides personal care and grooming services such as hair cutting and styling, nail care, facial hair removal, and make-up application to the face. A “beauty shop” does not include electrolysis, facials, skin care and skin treatment services, massage, reflexology, tanning, body wrapping or weight management.
“Bedroom” means a private room furnished with a bed and intended primarily for sleeping, being separated from other rooms by a door and generally having a closet or storage nook. “Boarding house” means a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or lease, either written or oral, whether or not an owner, agent, or rental manager is in residence.
“Body art” means to adorn the body through the permanent application of a tattoo or insertion of an object, such as jewelry, into a hole (pierced in the body) for display purposes. “Body art” is the collective term for any single activity or combination of activities defined as tattooing, body piercing or permanent cosmetics.
“Body art establishment” means any business, facility, room, or any portion thereof, used or operated as a tattoo parlor or as a body piercing parlor or as a permanent cosmetics parlor. “Building” means any structure used to support or shelter any use or occupancy.

Building, Accessory—Attached. “Attached accessory building” means a building that is subordinate and attached or closer than six feet to a main building.

Building, Accessory—Detached. “Detached accessory building” means a building that is subordinate and located at least six feet from a main building.

Building, Main. “Main building” means a building used for principal uses. “Building official” means the person designated by the city to administer and enforce the provisions of the building code.
“Building restriction area” means those land areas identified on a final subdivision map or parcel map approved by the city to remain in their natural state to the greatest extent feasible and to prohibit all structures or grading in those land areas. “Bus pool” means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route and according to a fixed schedule. “California licensed medical professional” means a physician, surgeon, chiropractor, acupuncturist, osteopath, nurse, or physical therapist who is duly licensed to practice his or her respective profession in the state of California and who performs activities encompassed by such professional license.

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“Car pool” means a vehicle carrying two to six people commuting to and from work on a regular basis.
“Carport” means a structure consisting of a roof and supporting members, which is not enclosed on all sides and is designed or used for the parking of motor vehicles. “Church” means a use located in a permanent building and providing regular organized religious worship and religious education incidental to, but excluding a private education facility. A property tax exemption obtained pursuant to the Constitution of the state of California and of the Revenue and Taxation Code of the state of California shall constitute prima facie (obvious) evidence that such use is a church.
“City” means the city of Glendora.
“Coin dealer” means any person, firm, partnership, or corporation whose principal business is the buying, selling and trading of coins, monetized bullion, or commercial grade ingots of gold, silver or other precious metals.
“Commercial” means carrying on a trade, commerce and/or service for the purpose of providing substance or profit and into which the elements of bargain, sale, barter, exchange or traffic enter. “Commercial grade ingots” mean 0.99 fine ingots of gold, silver, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.
“Commission” means the planning commission of the city of Glendora. “Community care facility” means a facility licensed by the state or county, which provides lodging, meals, nursing, dietary or other personal services to convalescents, invalids or the elderly for six or more patients, but does not include surgery or the care of substance abusers or persons with communicable diseases.
“Construction” means the placement of construction materials in their permanent positions fastened in a permanent manner; excavation for a basement; or removal of an existing structure prior to construction.

Convalescent Facility. See definition for “Community care facility.” “Convenience store” means a commercial establishment with retail sales of groceries, staples, sundry items and/or alcoholic beverages within a structure of less than five thousand square feet of gross floor area.
“Convenience store (in conjunction with a service station)” means a building or portion of a building that is devoted to the sales of items which may include, but not be limited to, food, dairy and tobacco products; canned goods; cosmetics; nonprescription drugs; plastic goods; newspapers; periodicals; automobile fluids; and automobile accessories.

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“Convenience zone” means an area designated by the State Department of Conservation, Division of Recycling within a one-half mile radius of a host use. “Council” means the city council of the city of Glendora. “County” means the county of Los Angeles.
“Cultural resource” means an improvement or site of scientific, community, aesthetic, educational, archaeological, cultural, architectural or historical significance that may be recommended as a preserved feature of a historic resource or landmark.
“Dancing” means any dance where two or more persons dance in or upon any premises to which the public is admitted, or at an event held by a dancing club or a bona fide memorial, fraternal, or civic association, or held under the auspices of a school, public recreation, or community service organization.
“Deck” means any structure which serves as a raised horizontal platform on floor constructed of wood or other materials, without enclosing walls or roof. The structure may be detached or attached to another structure (residential, commercial, educational, industrial, etc.). “Development” means any manmade change to real property, including but not limited to, construction, grading or paving.
“Diameter at breast height (DBH)” means a measure of the diameter of a tree trunk at four and one-half feet above grade.
“Director” means the planning director of the city of Glendora or designee. “Display area” means the amount of shelf space, whose minimum dimension is fifteen inches and is calculated in lineal feet, for the display of products accessible for purchase by the public. “Drive-in business” means a commercial enterprise designed or operated so as to enable persons to receive service or purchase or consume goods while remaining within a motor vehicle.

Drive-Through Business. See definition for “Drive-in business.” “Driveway” means a permanently surfaced area providing direct vehicular access between a street and an off-street parking or loading area.
“Dwelling unit” means a house, an apartment, employee housing, a mobile home, a group of rooms or a single room that is occupied or intended for occupancy as separate living quarters in which the occupants live and eat separately from any other people in the building and which have direct access from the outside of the building or through a common hall. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

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“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. “Employee housing” means accommodations for six or fewer employees, as described, defined, and regulated by the Employee Housing Act, Section 17000 et seq. of the California Health and Safety Code.
“Entertainment” means and includes any activity planned or engaged in or permitted to occur for the purpose of or resulting in attracting, amusing, diverting or retaining the attention of or participation of patrons or customers at any public place, whether or not food or beverages are sold, offered for sale, or given away, and shall specifically include, but not be limited to, any act, play, performance, show, exhibition, dancing, concert, multi-media or telecommunication entertainment, contest or similar activity. “Entertainment” shall not include electronically reproduced music provided solely for ambience.

Floor Area, Gross. “Gross floor area” means the area of the ground floor and any additional stories of a building. Measurements shall be taken from the exterior faces of walls. “Floor area ratio (FAR)” means the combined floor area of all stories of all buildings on a lot divided by the lot area. The area of an attached garage, up to a maximum of four hundred square feet, shall not be included in the calculation of floor area ratio. “Fortunetelling” means and includes the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, divination, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, horoscopic reading, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries or magic, of any kind or nature. “Tell fortunes” means to actively conduct, engage in, carry on or participate in fortunetelling for pay.
“Fortunetelling” does not include any of the following persons or activities:

1. Any person who engages solely in the business of entertaining the public by fortunetelling at a public place and within the presence and hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers;

2. Any person who conducts, engages in, carries on or participates in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant (hereinafter collectively referred to as minister) from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith, provided that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to, or Item #6. Page 20
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for the benefit of, the bona fide church or religious association, as defined in this subsection, except that the bona fide church or religious association, as defined in this exception, may pay to its minister a salary or compensation based upon a percentage basis, pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.
“Garage” means a fully enclosed accessory structure used for the parking of motor vehicles.

Garage, Subterranean. “Subterranean garage” means a garage that has a vertical measurement from the upper surface of the garage floor to the ceiling of the garage not exceeding eight feet, is attached to the main building, is below finish grade except the main entrance and is not visible from public rights-of-way.
“Gated community” means a residential neighborhood where accessibility is controlled by means of a gate, barrier or other similar improvements within or across a privately maintained right-ofway. “General plan” means a comprehensive declaration of goals, objectives, policies and programs for the development of the city, which includes diagrams, maps and text that have been adopted by the city council.
“Gold and silver dealer” commonly referred to as “cash for gold,” means the operation of a gold and silver business, either stand alone or in conjunction with the operation of a retail store (e.g., jewelry store, or other similar store) which results in twenty percent or more of their gross business receipts being derived from the purchase of gold or silver jewelry or other similar items (including, but not limited to, art objects, flatware, tableware or other personal household items). Gold and silver dealers are required to obtain a license from the police chief and file reports pursuant to California Business and Professions Code Sections 21625 through 21647. Gold and silver dealer does not include:

1. Coin dealers;

2. Participants at gun shows or events who are not a “gun show trader”;

3. Antique stores;

4. Auctioneers;

5. Reconditioning and sale of household appliances.
“Grade” means the vertical elevation of the ground surface.

Grade, Existing. “Existing grade” means the grade prior to grading.

Grade, Finish. “Finish grade” means the grade after grading, which conforms to the approved grading or drainage plan.

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“Grading” means any excavating, filling, stripping or stockpiling of earth.

Grade, Rough. “Rough grade” means the grade after grading, which approximately conforms to the approved grading or drainage plan.
“Guest house” means living quarters within an accessory building for the exclusive use of temporary, nonpaying guests of the resident family and limited to one bedroom and a three-quarter bathroom (sink, toilet and bath or shower only) with no kitchen facilities and no additional sinks allowed.
“Gym” means a commercial fitness center, athletic club, or health club for the purpose of exercising and improving physical fitness and health. A “gym” includes, but is not limited to, group exercise facilities such as exercise machines/equipment, weights, training/classrooms, and/or the sale of health/fitness products, and can include massage as an accessory use with a CUP. “Hazardous materials” means any substance that appears on the “List of Acutely Toxic Chemicals” maintained by the Environmental Protection Agency or the “List of Hazardous Materials” maintained by the CAL OSHA director.

Height, Building. “Building height” means the vertical distance between any point on the roof and the exterior finish grade at the nearest exterior wall of the building, except that if the exterior wall contains the main entrance to a subterranean garage, the vertical distance shall be measured to the ceiling of the garage. When two or more walls are an equal distance from the point of measurement, the lowest finish grade elevation shall be used.

Height, Fence or Wall. “Fence or wall height” means the vertical distance between the top of a fence or wall and the finish grade level measured on the highest grade level immediately adjacent to the base of the fence or wall.
“Historic resource” means a cultural resource that has received such designation by resolution of the commission. This designation requires the planning commission review of all alterations that affect the exterior appearance of any preserved feature and requires the issuance of a building permit.
“Home occupation” means a commercial enterprise conducted as an accessory use on a residentially zoned lot.
“Hospital” means a facility providing health, medical or surgical care with inpatient facilities. “Host use” means a full-line, self-service retail store with gross annual sales of two million dollars or more, sells a line of dry grocery, and is the center of a convenience zone as used in Section 21.03.080 of this title.
“Hotel” means any building or portion containing rooms that are occupied for sleeping purposes by transient guests for compensation, whose stay shall not exceed thirty consecutive days or be less than one day.

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“Household” means all the persons who occupy a dwelling unit. The occupants may be a singlefamily, two or more families living together, one person living alone or any other group of related or unrelated persons who share living arrangements.
“Hydrozone” means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. “Improvement” means any manmade, immovable item that is part of, located on, or affixed to a lot.
“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time.
“Junior Aaccessory Dwwelling Uunit” or “JADU” means a dwelling unit that is no more than five hundred square feet in size and contained entirely within the walls of a single-family residence. “Kitchen” means any room or any portion of a structure designed to be used for cooking and preparing food.
“Landmark” means a cultural resource that has received such designation by resolution of the council. This designation requires the planning commission review of all alterations that affect the exterior appearance of any preserved feature and prohibits their demolition or relocation outside city boundaries.
“Landscaped area” means the entire lot area less the building footprints, driveways, parking areas and hardscapes such as decks, patios and other nonporous areas. Water features are considered landscaped areas. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not considered landscaped areas.
“Landscaping” means the planting, irrigation and maintenance of trees, shrubs, vines, ground covers, flowers or lawns and which may include other features such as earth mounds, stone, masonry, pools, art works, screens, walls, fences and benches. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, excluding a garage.
“Loading space” means an off-street space for the loading or unloading of commercial vehicles. “Lot” means a designated parcel of land established by plat, subdivision, or as otherwise permitted by law.
“Lot coverage” means the area of a lot covered by buildings, structures and other impervious surfaces.

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“Lot depth” means the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot Line, Front. “Front lot line” means the property line along the narrowest street frontage of a lot or the property line toward which the front of an existing residence is oriented.

Lot Line, Rear. “Rear lot line” means a lot line that is opposite and the most distant from the front lot line. In the case of an irregular-shaped lot, a line ten feet in length within the lot that is parallel to and at the maximum distance from the front lot line.

Lot Line, Side. “Side lot line” means any lot boundary line not a front lot line or a rear lot line. “Lot width” means the distance between the side lot lines measured along the required front setback line.
“Marijuana” means all parts of the plant Cannabis sativa L., Cannabis indica, or Cannabis ruderalis, whether growing or not, and includes Cannabis or Cannabis-infused products used for medicinal purposes in accordance with California Health and Safety Code Section 11362.5. “Marijuana dispensary” means any facility or location, whether fixed or mobile, where marijuana or marijuana-infused products such as tinctures, baked goods, or other consumable products are cultivated, manufactured, or by any means transported or delivered, or arranged to be transported or delivered, made available to or distributed by or distributed to one or more of the following: a primary caregiver, a qualified patient, or a person with an identification card. The terms “primary caregiver,” “qualified patient” and “person with an identification card” as used within this definition shall be identified in strict accordance with California Health and Safety Code Section 11362.5 et seq., inclusive of California Health and Safety Code Section 11362.7.

Massage. See Section 5.10.010(4) for definition.

Massage Establishment. See Section 5.10.010(3) for definition.

Massage Therapy. See Section 5.10.010(12) for definition. “Medical office/medical clinic” means a facility, commercial office or clinic in which a “California licensed medical professional,” as defined by Title 21, Zoning, Section 21.01.020, Definitions, of the Glendora Municipal Code, practices his or her respective profession and performs activities encompassed by such professional license, including, but not limited to, seeing patients and providing health, medical, or surgical treatment for outpatients only, including, but not limited to, massage therapy conducted by a California licensed physician, surgeon, chiropractor, acupuncturist, osteopath, nurse or physical therapist (“California licensed medical professional”). “Mined-land reclamation project” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

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“Mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles that is used for the collection of recyclable materials and the bins, boxes or containers transported by such vehicles.

Motel. See definition for “Hotel.”
“Mulch” means any material such as leaves, bark, straw, compost, manure or other materials left loose and applied to the soil surface to reduce evaporation. “Nonconforming improvement” means an improvement that conformed to applicable laws when constructed, but which fails to conform to any one or more of the applicable standards of this title.

See definition for “Improvement.”
“Nonconforming lot” means a lot that conformed to applicable laws when created, but which fails to conform to any one or more of the applicable standards of this title for size, dimension, or configuration. See definition for “Lot.”
“Nonconforming structure” means a structure that conformed to applicable laws when constructed, but which fails to conform to any one or more of the applicable standards of this title. See definition for “Structure.”
“Nonconforming use” means a use that conformed to applicable laws when initiated, but which fails to conform to the permitted uses of the underlying zone and the applicable provisions of this title.
“Nozzle” means a device used to transmit motor fuels from a storage tank to a motor vehicle or other approved storage container.

Nursing facility. See definition for “Community care facility.” Open Space, Common. “Common open space” means an area intended for the nonexclusive use of the occupants of more than one dwelling unit and which may include recreation facilities and landscaped areas, but not including driveways, parking areas, service areas, setbacks abutting a street, parkways and portions of balconies or roof decks that extend into required setback areas.

Open Space, Private. “Private open space” means an area intended for the exclusive use of the occupants of one dwelling unit and which may include recreation facilities and landscaped areas, but not including driveways, parking areas, service areas, setbacks abutting a street, parkways and portions of balconies or roof decks that extend into required setback areas. “Overlay zone” means the classification of property for special uses or standards in addition to or in lieu of the uses or the standards of the underlying zone. “Overspray” means the water that is delivered beyond the landscaped area, wetting pavements, walks, structures or other non-landscaped areas.

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“Owner” means any person having a legal or equitable interest in real property.

Parcel. See definition for “Lot.”
“Parking stall” means a space for the parking of a vehicle.

Patio Structure, Open. “Open patio structure” means a roofed structure with at least one side completely open and used principally for recreation.
“Pawnbroker” means any person, co-partnership, firm, or corporation in possession of a valid pawnbroker’s license (California Finance Code, Section 2100) whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. The key difference between a “pawnbroker” and a “secondhand dealer” is that a pawnbroker loans money for tangible personal property while a secondhand dealer does not. Pawnbrokers are required to obtain a license from the police chief and file reports pursuant to California Business and Professions Code Sections 21625 through 21647. Pawnbroker does not include:

1. Coin dealers;

2. Participants at gun shows or events who are not a “gun show trader”;

3. Antique stores;

4. Auctioneers;

5. Reconditioning and sale of household appliances.
“Pawn shop” means a business engaged in conducting, managing, or carrying on the business of pawnbroking or loaning money, which includes buying, selling, taking in pawn tangible personal property. All business activities and storage shall be conducted inside the building. “Pedestrian corridor” means an area of not less than ten feet in width through which the general public has access to a business tenant enclosure.
“Personal services and sales” means an establishment that provides non-medical services including, but are not limited to, retail sales of small personal convenience items and professional services which are used frequently by the business community. Uses typically include, beauty and barber shops, florist shops, photography studios, private postal service, travel agencies, tailors, tanning salons, shoe repair, video sales and/or rental, apparel laundering and dry cleaning agencies. “Planned development” means a comprehensive residential project that is developed through the use of site planning techniques not permitted through the literal application of zoning and subdivision regulations.

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“Planned redevelopment” means a comprehensive development project that is developed through the use of site planning techniques not permitted through the literal application of zoning and subdivision regulations.
“Preferential parking” means parking stalls designated or assigned through the use of signs or markings for car pool and van pool vehicles that are provided in a location more convenient to a place of employment than parking stalls provided for single-occupant vehicles, but without displacing handicapped and customer parking needs.
“Preservation” means the identification, study, protection, restoration, rehabilitation or enhancement of cultural resources.
“Preserved feature” means a cultural resource to be preserved by a historic resource or landmark designation.
“Prezone” means the designation of an area by zoning classification as shown on the official prezone map for unincorporated properties within the planning area. “Primary color” means any of a set of colors from which all other colors may be derived. “Primary residence”, “primary dwelling unit”, and “single-family residence” means the largest dwelling unit on a lot within a single-family zone. If the lot includes dwelling units of equal size, the primary residence/single-family residence shall be the dwelling-unit nearest the front lot line.
“Primary SB 9 unit” means an existing or proposed primary residence/single family residence on a lot created through an urban lot split under the provisions of SB 9. It is subject to the development standards of the zone subject to a one thousand two hundred (1,200) square foot reduction in gross floor area to accommodate one secondary SB 9 unit. “Principal use” means the primary or predominant use of any lot. “Public facility” means any government-owned building, structure, improvement, service, use or combination thereof which comprises the primary use on a parcel or site and is necessary to provide essential services to the general public. Examples of such facilities include parks, community buildings, transportation facilities, civic centers, police stations, fire stations, libraries, post offices and maintenance yards.
“Public storage facility” means any structure with separate storage spaces that are leased or rented to the public on an individual basis.
“Public utility transmission facility” means a public utility electrical power substation. “Pump” means a device used to operate at least two nozzles. “Pump island” means an elevated concrete pad where one or more pumps are situated.

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“Rain-sensing override device” means a system that automatically shuts off the irrigation system when it rains. “Recreational vehicle” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational purposes. The term includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all-terrain vehicles. “Recyclable material” means reusable material, including, but not limited to, newspapers, glass, plastic, aluminum and bi-metal containers which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse, hazardous materials or motor oil.
“Rehabilitated landscape” means any re-landscaping on a project that requires a permit, including a grading permit, building permit or conditional use permit. “Rehabilitation” means the act of returning an improvement or site to a condition of use, through repair, remodeling or alteration that makes possible an efficient contemporary use while preserving those features of the improvement or site that are significant to the city’s historical, architectural, archaeological, cultural or aesthetic heritage.

Residence, Multiple-Family. “Multiple-family residence” means a building used to house two or more families living independently of each other, including domestic employees.

Residence, Single-Family. “Single-family residence” means a building used to house one family, including domestic employees.

Restaurant, Dining. “Dining restaurant” means a use providing preparation and retail sale of food and beverages which are consumed primarily within the principal building and any patio attached thereto, and which may: (1) provide, as an ancillary service, food to be taken out of the premises from the principal building only; (2) include licensed “on-site” provision of alcoholic beverages for consumption on the premises of the principal building and any patio attached thereto, when such beverages are accessory to, and served with, such food to be eaten within the principal building or the attached patio; and (3) include the licensed sale of beer and/or wine for “off-site” consumption, as an ancillary service, only when such beverages are sold in conjunction with a take-out order of food. This use shall not provide drive-through lanes and/or outside walk-up windows or the ordering and dispensing of food and beverages to patrons.

Restaurant, Fast Food. “Fast food restaurant” means a use providing primarily for the preparation and retail sale of pre-prepared or rapidly prepared food and beverages in a ready-to-consume state for consumption either within or about the restaurant building premises or off the premises. A fast food restaurant may include one or more drive-through lanes and/or outside walk-up windows for the ordering and dispensing of food and beverages to patrons. This use may include licensed “onsite” provision of beer and/or wine for consumption on the premises of the principal building and any patio attached thereto, when such beverages are accessory to, and served with, food to be eaten within the principal building or attached patio. This use may include the licensed sale of beer and/or wine for “off-site” consumption, as an ancillary service, only when such beverages are sold in conjunction with a take-out order of food. Neither the “on-site” nor “off-site” sale of alcoholic Item #6. Page 28
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beverages shall be permitted at a fast food restaurant where drive-through lanes and/or outside walk-up windows are provided.
“Restoration” means the act or process of accurately recovering the form and details of a preserved feature and its setting as it appeared at a particular period of time by removing later additions and replacing missing earlier portions of the feature.
“Reviewing body” means and can be, depending on the entitlement requested, the planning director, the planning commission and/or the city council. “Ridgeline” means a ground line located at the highest elevation of a connected series of hills or mountains.
“Right-of-way” means the entire width of an area open for public use, as a matter of right, for purposes of vehicular and pedestrian access, as measured from the abutting property lines. “Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the area.
“SB 9” means Senate Bill 9, effective January 1, 2022, amending Section 66452.6 and adding Sections 65852.21 and 66411.7 to, the California Government Code, relating to land use. “SB 9 Lot Split” means dividing one eligible, single-family zoned lot into two lots subject to the provisions of SB 9 and the Glendora Municipal Code. It is used synonymously with “urban lot split” and “lot split”.
“SB 9 Unit” means an additional attached or detached dwelling unit that homeowners in a single-family zoning district may be eligible to construct under the provisions of SB 9.

School, Educational. “Educational school” means a public or private institution conducting regular academic instruction at the kindergarten, elementary, secondary or collegiate levels including graduate schools, universities and research institutions.

School, Public. “Public school” means a school or institution controlled and operated by publicly elected or appointed officials and deriving its primary support from public funds.

School, Vocational. “Vocational school” means an institution offering instruction in the technical, commercial or trade skills, such as real estate, business, electronics, automotive and aircraft mechanics, music and similar skills.

Secondary SB 9 Unit. “Secondary SB 9 unit(s)” means an attached or detached dwelling unit that provides complete independent living facilities for one or more persons and is located on lot with a proposed or existing primary residence, as authorized under SB 9. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family.

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“Secondhand dealer” means any person, co-partnership, firm or corporation in possession of a valid secondhand dealer’s license (California Finance Code, Section 2100) whose business includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property. A secondhand dealer who buys secondhand tangible personal property would be required to obtain a license from the police chief and file reports pursuant to California Business and Professions Code Sections 21625 through 21647.

Secondhand dealer does not include:

1. Coin dealers;

2. Participants at gun shows or events who are not a “gun show trader”;

3. Antique stores;

4. Auctioneers;

5. Reconditioning and sale of household appliances.
“Secondhand store” means a retail store or reseller operated by a secondhand dealer and offering used clothes, furniture, household appliances or similar merchandise, providing: (1) used merchandise may be purchased for resale or accepted for consignment; and (2) used materials or goods for sale that may require cleaning, repair or assembly or refurbishment before it can be worn or put to normal use. Merchandise may be donated. All business activity, collection, and storage shall be conducted inside the building.

Service Station, Full. “Full service station” means a retail place of business engaged in minor automotive repair and the sale of motor fuels, oils, fluids and accessory items such as tires, wiper blades, fuel tank caps, radiator pressure caps and radiator hoses that are generally required for the operation of motor vehicles and which may include a convenience store.

Service Station, Self. “Self service station” means a retail place of business engaged in the sale of motor fuels, oils, fluids and accessory items such as tires, wiper blades, fuel tank caps, radiator pressure caps and radiator hoses that are generally required for the operation of motor vehicles and which may include a convenience store.
“Setback” means the distance between a structure and a property line. “Short-term rental” or “STR” means any dwelling unit, single-family residence, multiple-family residence, guest house, accessory dwelling unit, or junior accessory dwelling unit within all zones in the city of Glendora that support or include residential uses, whether as a permitted use or conditionally permitted use, which is rented to one or more guests for compensation for the purpose of lodging or hosting events for a period of thirty or fewer consecutive days. “Short-term rental” encompasses such dwelling units regardless of whether the owner, permanent occupant or other STR host is present on-site during the rental period. For purposes of this definition only, “for compensation” includes, but is not limited to, rental of the short-term rental Item #6. Page 30
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for any form of monetary or non–monetary consideration, including but not limited to money, goods, or services, as well as in-kind exchanges of goods, services, or premises. “Short-term rental” does not include any commercial use for which a business license or other permit pursuant to Title 5 of this code has been issued prior to the effective date of Section 21.03.140 of this code. “Single-feed reverse vending machine” means a mechanical device that occupies an area of less than fifty square feet; accepts one or more types of empty beverage containers one at a time, including, but not limited to, aluminum cans and glass and plastic bottles; and issues a cash refund or a redeemable coupon.
“Single room occupancy (SRO) housing” means housing (consisting of single-room dwelling units) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). “Slope” means the degree of deviation of a surface from the horizontal plane, expressed as degrees, percent or ratio.
“Small recycling collection facility” means a facility that occupies an area of less than five hundred square feet and is intended for collection only. Such facilities include a single-feed reverse vending machine, a group of reverse vending machines, bulk reverse vending machines, kiosk type units, mobile recycling units and containers for the collection of newspapers. “Soil moisture-sensing device” means a device that measures the amount of water in the soil and automatically shuts off the irrigation system when the soil obtains the proper amount of moisture.

Spa. See definition for “Swimming pool.”
“Stacking space” means a waiting area for vehicles at a drive-through business. “Story” means that portion of a building between the upper surface of a floor and the upper surface of the next floor above, except that the topmost story shall be that portion of a building between the upper surface of the topmost floor and the ceiling. If the upper surface of any floor that is directly above a basement or under floor space is more than two feet above finish grade at any point, such basement or under floor space shall be considered a story. “Street” means that portion of the right-of-way designed for vehicular traffic.

Street, Private. “Private street” means any parcels of land or portions that are used for access to public streets, but which are not driveways or dedicated public rights-of-way. “STR Advertisement[ing]” means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, including any STR hosting platform, any form of television or radio broadcast or any other form of communication, whose primary purpose is to propose a transaction for renting a short-term rental. For purposes of this definition, a “hosting platform” is a company that participates in the Item #6. Page 31
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short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. “STR Host” means the owner or authorized agent, of a short-term rental, who is responsible for its operation. The property owner is always deemed to be a host for purposes of the ordinance codified in this chapter; however, in conjunction with the property owner,a tenant, mortgagee in possession, a management company, or any combination thereof may also qualify as hosts for short-term rental purposes.
“Structure” means anything constructed or any piece of work built up or composed of parts joined together in some definite manner.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Swap Meet, Indoor. “Indoor swap meet” means an establishment housing three or more separate business tenants, each of whom conducts business from an enclosure that separates the business from other businesses by less than complete floor to ceiling walls and that lacks lockable access doors.

Swap Meet, Outdoor. “Outdoor swap meet” means a business conducted outdoors at which two or more persons offer merchandise for sale or exchange and that meets at least one of the following conditions: (1) a fee is charged for the privilege of offering or displaying merchandise for sale or exchange or (2) a fee is charged to prospective buyers for parking or for admission to the area where merchandise is offered or displayed for sale or exchange. “Swimming pool” means a body of water created by artificial means that is designed for swimming or bodily immersion and any portion of which exceeds thirty-six inches in depth. “Tandem parking stall” means a parking stall so located that it is necessary to move one or more other vehicles in order for a vehicle to access the tandem parking stall. “Tangible personal property” means all secondhand property including, but not limited to:
clothing, jewelry, personal property which bears a serial number or personalized initials or inscription which is purchased by a secondhand dealer or pawnbroker; or, which, at the time it is acquired by the pawnbroker, or secondhand dealer bears evidence of having had a serial number or personalized initials or inscription. Tangible personal property also includes new or used motor vehicles received in pledge as security for a loan by a pawnbroker. Tangible personal property does not include new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise, or coins, monetized bullion, or commercial grade ingots of precious metals.

Tenant, Business. “Business tenant” means a person or entity who, by an oral or written lease or license, is permitted to sell new or used goods or merchandise.

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Tenant Enclosure, Business. “Business tenant enclosure” means an area from which one tenant can engage in the sale of new or used goods or merchandise. “Thrift store” means a retail store offering used clothing, furniture or household items which are in good repair providing: (1) all clothes are displayed on racks, folded on shelves or tables, or in some organized fashion as distinguished from heaps or piles; (2) no merchandise shall be accepted on consignment; and (3) merchandise requires no cleaning, repair assembly, or refurbishment before it can be worn or put to normal use. The majority of merchandise offered for sale can be donated. All business activity and storage shall be conducted inside the building. “Transitional housing” and “transitional housing development” mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. “Travel demand management (TDM)” means the alteration of travel behavior through programs of incentives, services and policies. TDM addresses alternatives to single-occupant vehicles such as car pooling, van pooling and changes in work schedules that move trips out of the peak period or eliminate them altogether (as in telecommuting or compressed work weeks). “Trip reduction” means the reduction in the number of work-related trips made by single-occupant vehicles.
“Turf” means a surface layer of earth containing mowed grass with its roots. “Van pool” means a vehicle carrying seven or more persons commuting to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers.

Vehicle Service and Repair, Major. “Major vehicle service and repair” means any activity in which vehicles are maintained or repaired including body work, painting, removal, repair, rebuilding, replacement or exchanges of engines, drive-trains, transmissions or exterior body parts.

Vehicle Service and Repair, Minor. “Minor vehicle service and repair” means any activity in which vehicles are maintained or repaired not including body work, painting, removal, repair, rebuilding, replacement or exchange of engines, drive-trains, transmissions or exterior body parts. “Warehouse” means a building primarily for the storage of goods and materials. “Wind sensor device” means a system that automatically shuts off the irrigation system when the wind starts blowing.
“Wine/beer tasting room” means a business offering on-site and off-site wine and beer sales which might include food service including full restaurant service or hors d’oeuvres and prepackaged gourmet foods and other retail sales of associated merchandise including gift baskets.

Entertainment restricted to unamplified live music may be included as part of the use.

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“Work” means any construction, restoration, alteration, rehabilitation, relocation or demolition.

Yard, Front. “Front yard” means a space extending the width of a parcel between the front property line and a line parallel at a distance equal to the required front setback.

Yard, Rear. “Rear yard” means a space extending the width of a parcel between the rear property line and a line parallel at a distance equal to the required rear setback.

Yard, Side. “Side yard” means a space extending from the front yard to the rear yard between the side property line and a line parallel at a distance equal to the required side setback. “Zone” means the classification of property for uses as reflected on the official zoning map.

Zoning Map, Official. “Official zoning map” means a diagram of the applicable zones for all property in the city and maintained on file in the planning department. (Ord. 2055 §§ 3—6, 2020; Ord. 2053 § 2, 2020; Ord. 2017 § 2, 2017; Ord. 2015 § 2, 2017).” SECTION 5. Section 21.04.010 of Title 21 (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.04.010 Single Family Residence
A. Purpose. The purpose of single-family residential zones is to protect and promote the unique single-family nature of the city by limiting the uses in such zones to residential and residentially compatible uses and by requiring standards for the use, maintenance and development of singlefamily residential zoned properties. The single-family residence zones are:

1. R-1 (Single-family residential);

2. E-3, E-4, E-5, E-6 and E-7 (Single-family estate);

3. RHR (Rural hillside residential).

B. Permitted Uses.

1. Single-Family Residences, and Accessory Buildings. Single Family Residences, Accessory Dwelling Units, SB 9 Units, and Accessory Buildings. One single-family residence, an accessory dwelling unit, a junior accessory dwelling unit, and accessory buildings. Any combination of one single-family residence, an accessory dwelling unit, a junior accessory dwelling unit, a secondary SB 9 unit, and accessory buildings, as provided for herein or under state law.

2. Home Occupations as an Accessory Use to a Single-Family Residence. The establishment and conduct of home occupations shall comply with all of the following requirements to ensure that the use will be compatible with, and not detrimental to, the neighborhood:

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a. There shall be no exterior evidence of the conduct of a home occupation. b. The home occupation shall be conducted only within the enclosed living area of the residence or an enclosed, roofed accessory building.
c. There shall be no storage of hazardous materials.
d. Only the residents of the residence shall be engaged in the home occupation. e. There shall be no sale of goods on the premises.
f. The establishment and conduct of the home occupation shall not change the principal character of the residence.
g. There shall be no signs posted other than those permitted in the zone in which the residence is located.
h. The required residential off-street parking shall be maintained. i. The conduct of the home occupation shall not create greater vehicular or pedestrian traffic than is normal for the zone in which it is located.
j. There shall be no outside storage of goods, supplies, equipment or other materials. k. There shall be no pickups or delivery of goods, supplies, equipment, or other materials, except between the hours of seven a.m. and six p.m.
l. The conduct of the home occupation use shall not create noise levels in excess of those permitted in the zone in which the residence is located.

3. Boarding House. Except as otherwise permitted by state or federal law, a boarding house is prohibited in single-family zones. Any Boarding house use which is nonconforming by reason of adoption of this subsection or any amendment thereto or by annexation to the city of territory upon which a Boarding house is located shall be abated, that is, removed or made to comply with the provisions of this chapter, within six months.

4. Care facilities including intermediate care facility/developmentally disabled habilitative which serves six or fewer persons or an intermediate care facility/developmentally disablednursing which serves six or fewer persons or a congregate living health facility, a “residential facility” defined by Section 1502 of the Health and Safety Code, or a “residential care facility” defined by the Health and Safety Code Section 1568.013 shall be considered a residential use of property and shall comply with the provisions of this chapter.

C. Uses Permitted Subject to Conditional Use Permit.

1. Churches;
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2. Educational schools;

3. Lodge halls;

4. Child daycare centers in conjunction with a church;

5. Outdoor swap meets.

D. Development Standards.

1. Single-Family Residences. The minimum lot area, lot width, lot depth, floor area, setbacks and building height shall be as specified in Table A (see appendix to this title).

2. Accessory Buildings.
a. There shall be no more than two detached accessory buildings on any one parcel. ba. The totaled floor area of all detached accessory buildings, including one detached accessory dwelling unit, shall not exceed one thousand square feet. Accessory buildings that are not accessory dwelling units or secondary SB 9 units shall be subject to the floor area ratio or lot coverage standards of the underlying zone.
cb. The maximum height shall be sixteen (16) feet, but not exceeding one story. dc. Detached accessory buildings shall be set back a minimum of three four (4) feet from side and rear property lines and located no closer to a street than the front and street side yard setbacks. ed. Attached accessory buildings shall be subject to the setback requirements of the singlefamily residence zones as specified in Table A (See Appendix to this title). e. The architectural design and detailing, roof pitch and material, and exterior color and finish materials of an accessory building over 250 square feet shall match the primary dwelling or be consistent with the City’s adopted objective design standards for residential development.

3. Patio Structures. Open patio structures that are attached to a single-family residence may project into the required rear yard setback, but no closer than ten four (4) feet to the rear property line.

4. Guest Houses.
a. The guest house shall be limited to one bedroom and a three-quarter bathroom (sink, toilet and bathtub or shower only).
b. The guest house shall not include kitchen facilities. c. The guest house shall meet the development standards for accessory buildings.

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d. The architectural design and detailing, roof pitch and material, and exterior color and finish materials of a guest house hall match the primary dwelling or be consistent with the City’s adopted objective design standards for residential development. d. The exterior architectural treatment of the guest house shall maintain consistency with the primary dwelling unit regarding roof profile and pitch, use of materials and general architectural design and style including, but not limited to, the following:
i. All materials, finishes and colors shall match the primary dwelling unit; ii. All windows and doors shall maintain trim and style (i.e., grid pattern, frame thickness, opening direction, etc.) to match the existing windows and doors of the primary dwelling unit; iii. Architectural detailing (i.e., siding, stucco, gabled ends, etc.) shall match the existing architectural detailing of the primary dwelling unit.”
Note: The remainder of the text of chapter 21.04.010 Single Family Residence of the GMC is not included as no further changes are proposed by this ordinance.

SECTION 6. Section 21.03.010 of Title 21(Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.03.010 Property development standards.

A. Purpose. This section contains general regulations and procedures to provide for the use and development of properties in a manner that promotes, preserves and protects a visually attractive community and minimizes hazards and inconveniences to the public.

B. Underground Utilities. All wires, conductors, cables, raceways and conduits for electrical, telephone, CATV and similar services that provide direct service to any property being developed shall, within the boundary lines of such property, be installed underground. Associated equipment and appurtenances such as surface-mounted transformers, pedestal-mounted terminal boxes, meters and service cabinets may be placed aboveground when screened and located behind the front setback line.

C. Street Frontage. Every parcel of land shall front on a public or private street unless superseded by state law.

D. Setbacks. Except as stated in this subsection and otherwise provided for in this title, no structure shall be located closer to any property line than the setback requirements of the zone in which the structure is located.

1. Setback Exceptions.

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a. Architectural features, including cornices, belt courses, fireplaces, eaves and bay windows, may project into required setback areas a distance not to exceed two feet. b. Unroofed decks, patios, porches, landings, steps, walks and driveways not exceeding thirty-six inches in height as measured from finish grade may be located in the required setback areas.
c. Canopies and awnings without any supports to the ground may project into required setback areas, but no closer than three feet to a side property line and no more than four feet into the front and rear setbacks.
d. c Swimming pools may be located in the required rear and side setback areas, but no closer than six (6) feet to a property line.
e. d Flag poles may project twenty-five (25) percent into required front and rear setback areas.
f. e Mechanical equipment may project into the required rear or side setback area, but no closer than three (3) feet to a property line.
g. f Additions to lawfully constructed residences within the following single-family estate zones of E-3, E-4, E-5, E-6 and E-7, which do not meet the minimum side yard setback requirements may project into the required side yard setbacks, but in no event shall the setback be less than five four (4) feet from the property line. Street side yard setbacks shall maintain the minimum required by Table A.” SECTION 7. Section 21.02.040 of Title 21 (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.02.040 Development plan review.

A. Purpose. This section provides procedures whereby development plans can be reviewed to ensure orderly development, aesthetic design, safe and harmonious placement and to:

1. Prevent or minimize adverse impacts on property in the vicinity;

2. Implement the general plan and applicable specific plans;

3. Protect the public health, safety and welfare;

4. Site structures and other improvements in a manner that is in harmony with the terrain and existing developments in the vicinity;

5. Encourage and promote energy-efficient design.

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B. Projects requiring development plan review (the reviewing body is in parenthesis):

1. Hillside development (commission);

2. Multiple-family projects—Apartments, condominiums and cooperatives (commission); a. 1-10 dwelling units, 1-10 units, allow by-right (Applicants apply directly for building permits);
b. 11-25 dwelling units (director);
c. More than 25 dwelling units (commission);

3. Construction of non-residential building area over five thousand square feet (commission);

4. Planned redevelopment (commission, council);

5. Planned development (commission, council);

6. Civic Center Area plan development, exclusive of permits for signage and awnings (commission);

7. Mobilehome park overlay development (commission);

8. Second story construction for all single-family residential zones including hillside lots (director);

9. 8 Non-residential construction greater than two stories (commission);

10. 9 Mixed-Use development (commission);

11. 10 Temporary structures (commission);

12. 11 Relocated structures (commission);

13. 12 Tennis courts (commission);

14. 13 Public facilities located in residential zones (commission);

15. 14 Recycling facilities, except single-feed vending machines (director);

16. 15 Open space development (commission);

17. 16 Gated communities (commission council);
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18. 17 Radio and television broadcasting antennae, private transmitting antennae and satellite receiving antennae (director);

19. 18 Cantilevered decking (director).”
C. Reviewing Body. Development plan review applications shall be considered by the director, commission, or council as listed in subsection B. For those projects where both the commission and council are listed, the commission shall make a recommendation to the council and the council shall take action to approve or deny the application.

SECTION 8. Appendix 21.A.A Table A of Title (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):
“21.A.A Table A—Development standards, single-family residence zones.

Table A
Development Standards
Single-Family Residence Zones
Zone
Minimum
Lot Area
Minimum
Lot Width*
Minimum
Lot Depth
Minimum
Front
Setback
*** Minimum Side Setback
Minimum
Rear
Setback
Maximum
Floor Area
Maximum
Second
Floor Area
Maximum
Height
R1 7,500 sq ft 70 ft 20 ft 4 ft (1st story)
5 ft (2nd story)
4 ft (1st
story)
25 ft (2nd
story)
E3 8,000 sq ft 70 ft
E4 8,500 sq ft 75 ft
E5 10,500 sq ft 85 ft
E6 12,500 sq ft
15,000 sq ft
100 ft
E7 See official
zoning map
100 ft
100 ft
25 ft 4 ft (1st story)
7 ft (2nd story)
4 ft (1st
story)
35 ft (2nd
story)
35% FAR not
including
ADUs,
JADUs, and
secondary SB
9 units and a
400 sq ft
attached or
detached
garage *****
75% of first
floor
excluding a
400 sq ft
attached
garage
******
Two stories
not to
exceed 25 ft
RHR 43,560 sq ft 200 ft ** 200 ft ** 40 ft or n/a
10% of lot
depth,
whichever
is greater,
as measured
from the
street ****
30 ft side yards shall total
at least 30% of the lot
width ****
50 ft or
20% of lot
depth,
whichever
is greater
****
See
§ 21.04.030 for
land coverage
replacements
* For lots fronting on a cul-de-sac, seventy-five ft in the R and E zones and 150 ft in the RHR zone. ** When necessary to preserve the natural topography or other natural features, the minimum street frontage shall be sixty feet and the minimum lot width shall be two hundred feet at a point not more than four hundred feet from the front property line as measured from the street.
*** For infill development, the minimum front setback shall be the average front setback of the two adjacent residences, but not less than the minimum specified.
**** The Director may increase or decrease the minimum setbacks to preserve the natural topography or other natural features.

Item #6. Page 40
Meeting Date: 5/28/2024 / Packet Page #: 137
Ordinance No. ____ Page 37 of 38
***** Lots exceeding ten percent average slope are subject to Section 21.04.030 instead of the maximum floor area requirement. ****** Hillside lots may request approval of a minor modification pursuant to Section 21.02.035 to allow an increase to eighty-five percent second floor area based on findings with facts.”
SECTION 9. Appendix 21.A.E Table E of Title (Zoning) of the GMC is hereby amended as follows (with unaltered text provided for context and added text in bold italic and deleted text shown stricken through):

Table E
Zoning Actions and Appropriate Reviewing Body
Planning Director Planning Commission City Council
1 Administrative Review Commercial Construction over 5,000 sq. ft. Gated Communities* 2 Cantilevered Decking Conditional Use Permits General Plan Amendments* 3 Lot Line Adjustments Hillside Development with Grading Planned Redevelopment* 4 Minor Conditional Use Permit Civic Center Area Plan Development Final Maps 5 Minor Modifications Mobilehome Park Overlay Planned Development* 6 Radio and Television Broadcasting
Antennae, Private Transmitting
Antennae and Satellite
Receiving Antennae
Multifamily Residential Projects- More
than 25 dwelling units
Specific Plans*
7 Recycling Facilities Open Space Development Subdivisions* 8 Single-Family Second-Story Construction
Multifamily Residential Projects – 11-25
dwelling units
Public Facilities Located in Residential
Zones
Zoning Amendments*
9 Multifamily Residential Projects – 11-25
dwelling units
Wireless Telecommunications Facilities Zone Changes*
10 Relocated Structures Development Incentives*
11 Construction Within HPOZ and/or Historic
Landmark Property
12 Temporary Structures
13 Tennis Courts
14 Variances
SECTION 10. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.

The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 11. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 12. This Ordinance shall become effective thirty days after the date of its adoption.

Item #6. Page 41
Meeting Date: 5/28/2024 / Packet Page #: 138
Ordinance No. ____ Page 38 of 38
PASSED and ADOPTED this __ day of _____, 2024.

City Council of Glendora, California
BY: __________________________________

MENDELL THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 14th day of May, 2024. by the following roll call vote:

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

NOES: MEMBERS: None.

ABSENT: MEMBERS: None.

ABSTAIN: MEMBERS: None.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of ______, 2024, by the following roll call vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the _____ day of ______, 2024.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #6. Page 42
Meeting Date: 5/28/2024 / Packet Page #: 139

PUBLIC NOTICE

SUMMARY OF APPROVED ORDINANCE
AS PRESCRIBED BY GOVERNMENT CODE SECTION 36933 (c) (1)
NOTICE IS HEREBY GIVEN THAT at their meeting held May 28, 2024 the Glendora City Council conducted a second reading and adopted Ordinance No. 2085, entitled:

AN ORDINANCE OF THE CITY COUNCIL AMENDING CERTAIN SECTIONS OF TITLE 21 (ZONING) OF THE GLENDORA MUNICIPAL CODE TO BRING IT INTO COMPLIANCE WITH

STATE LAW AND TO STREAMLINE THE CONSTRUCTION OF ACCESSORY DWELLING UNITS AND SB 9 UNITS CONSISTENT WITH THE CITY’S 6TH RHNA CYCLE (2021-2029)

GENERAL PLAN HOUSING ELEMENT
The ordinance enacts the following regulations and policies:
 Brings ADU and SB 9 secondary unit standards into consistency with each other.  Allows for two (2) story detached and attached ADUs.
 Institutes a 25-foot height limit for all ADUs regardless of single (1) or two (2) stories.  Allows for up to 1,200 square foot ADUs and SB 9 secondary units, subject to objective standards, regardless of FAR and bedroom count and the number and size of other accessory structures  Institutes a universal 4-foot side and rear setback for all development on a single-family residential lot whether the structure is an ADU, SB 9 unit, accessory structure, home addition, or open patio cover.  Eliminates Development Plan Review for all second-story construction within single-family residential zones.

Said ordinance will become effective 30 days after adoption.

A full text copy of the ordinance may be reviewed in the Office of the City Clerk of the City of Glendora at Glendora City Hall, 116 E. Foothill Boulevard, California, and online at www.cityofglendora.org under public notices.

The foregoing Ordinance was approved and adopted at a Regular Meeting of the Glendora City Council by the following roll call vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

Dated this ____ day of May, 2024
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published in San Gabriel Valley Examiner: June 6, 2024
Item #6. Page 43
Meeting Date: 5/28/2024 / Packet Page #: 140

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 28, 2024
FROM: PUBLIC WORKS DISTRICT(S): CITY-WIDE
SUBJECT: CONSIDERATION OF AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN WESTERN WATER WORKS SUPPLY COMPANY AND THE CITY OF GLENDORA DATED JUNE 25, 2019, FOR WATER LINE PARTS AND SUPPLIES IN AN AMOUNT NOT TO EXCEED $250,000 PER FISCAL YEAR

RECOMMENDATION
That the City Council:

1. Approve Amendment No. 5 to the Agreement with Western Water Works Supply Company for the purchase of water line parts and supplies, increasing the “total compensation” to $250,000 per fiscal year beginning FY 2023/24, and extending the term of the agreement through June 30, 2025; and

2. Authorize the City Manager or his designee to execute Amendment No. 5, including minimal and/or non-substantive changes.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
On June 25, 2019, the City Council approved a contract for the purchase of water line parts and supplies with Western Water Works Supply Company of Chino, CA. The original term of the agreement was one year with the possibility of five additional one-year extensions.

The original approval authorized an annual expenditure of $175,000. Amendment No. 5 increases the annual amount by an additional $75,000, to a total of $250,000, beginning in Fiscal Year (FY) 2023/24.

Furthermore, Amendment No. 5 extends the term of the agreement for one additional year, through June 30, 2025, and allows for a review of any increases in the cost of materials and supplies. The purpose of the agreement is to provide the Water Division with an effective and efficient way to manage the purchase of supplies throughout the fiscal year, including for emergency repairs, when more than the everyday supplies are required promptly to reduce water loss and ensure the health and safety of residents.

FY 2024/25 will be the sixth and final year of the agreement.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The bid opening for the purchase of water line parts and supplies was held on May 16, 2019. Two companies submitted their bids for parts and supplies as well as a list of prior work done for municipal agencies. Since the unit price lists are based on a random sample of items frequently purchased and not a single project, the bid amounts are used to verify that each company charges the city appropriately for the parts being provided. Prior experience documents were utilized to ensure that their work with other agencies was successful and that they provided quality materials in a quick manner. Agencies from each list were contacted to verify performance for each vendor.

Item #7. Page 1
Meeting Date: 5/28/2024 / Packet Page #: 141
On June 25, 2019, the City Council approved a contract for the purchase of water line parts and supplies with Western Water Works Supply Company of Chino, CA. The original term of the Agreement was one year with the possibility of five additional one-year extensions.

The original agreement only had pricing for the first year. Due to the nature of the materials being purchased, which are highly influenced by the costs of raw materials and other inputs, the original agreement did not forecast the annual pricing for subsequent years. Near the end of each fiscal year, Western Water Works Supply Company submits their current material prices with a letter expressing their interest in moving forward with the extension for the next fiscal year. Amendments one through four were one-year extensions to the term of the agreement and incorporated these annual price updates.

DISCUSSION
The agreement with Western Water Works Supply Company is due to expire on June 30, 2024, and currently has a not-to-exceed amount of $175,000 per fiscal year. Amendment No. 5 increases the authorized expenditure to $250,000 per fiscal year, effective FY 2023/24, and extends the term of the agreement one-year through June 30, 2025.

There have been an increasing number of water main breaks and leaks. This has resulted in Water Division staff performing more frequent, and more extensive, repairs and projects than in prior years, requiring the use of more parts and supplies. Due to worldwide supply chain issues for steel, aluminum, brass, copper, and other metals related to the water industry, unit costs for these parts and supplies have also increased. Due to the amount of emergency work performed this fiscal year, there are still incoming invoices from Western Water Works Supply Company resulting in the need to increase the not-to-exceed amount of the agreement for the current and future fiscal years.

It is difficult to predict how many clamps, valves, parts, and other materials will be required each year due to the frequent changes in weather and the age of the water system. The purpose of the contract is to provide the Water Division with an effective and efficient way to manage the purchase of supplies throughout the fiscal year and quickly complete emergency repairs to reduce water loss and ensure the health and safety of residents.

FISCAL IMPACT
Sufficient budget is available in the FY 2023/24 & FY2024/25 Adopted Two-Year Budget in the Water Operations Fund 501 in the Water Line Parts and Supplies line item (Account 50170630-53520). Costs will vary depending on the needs of the Water Division each fiscal year.

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 Jacob Chavira, Water Division Manager
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Original Contract and Amendments 1, 2, 3, and 4
B. Contract Amendment No. 5
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Project Name, Plan No.
####
-1-
AMENDMENT NO. 3

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 3”) by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and WESTERN WATER WORKS SUPPLY COMPANY OF CHINO, a California Corporation (“Contractor”), is effective as of the ____ day of _______, 2022.

RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services, dated June 25, 2019 (the “Agreement”), whereby Contractor agreed to provide Water Line Parts and Supplies.

B. City and Contractor entered into that certain Amendment No. 1 to the Agreement, dated September 8, 2020, whereby the parties amended Exhibits “C,” “C-1,” and “D” of the Agreement.

C. City and Contractor entered into that certain Amendment No. 2 to the Agreement, as amended, dated April 27, 2021, where by the parties amended Section 3.4 and Exhibit “C” of the Agreement, as amended
D. City and Contractor now desire to again amend the Agreement, as amended, to extend the Term of the Agreement from the close of business on June 30, 2022 to the close of business on June 30, 2023.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. 3.4 Term
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for five (5) one (1) additional one-year term provided the Contract Office gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term”
b. EXHIBIT “C” SCHEDULE OF COMPENSATION – Section I. A. “Unit Price List & Hourly Rate Sheet attached within as Exhibit C-1 Rates within bid shall be considered firm for the duration of the contract (July 1, 
$
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Item #7. Page 52
Meeting Date: 5/28/2024 / Packet Page #: 192
Project Name, Plan No.
####
-2-
2019 through June 30, 2021 July 1, 2022 through June 30, 2023). There shall be no escalation upon any rates until the yearly renewal period. Upon yearly renewal, rates may be altered to meet current rates should that be necessary. The City reserves the right to accept or reject yearly renewal rate increases containing escalation stipulations as it deems to be in the best interest of the City”.
c. EXHIBIT “C-1” SCHEDULE OF PERFORMANCE replace the original Exhibit C-1 in its entirety with the attached Exhibit C-1.2022 Unit Price List.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 3, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 3 to the Agreement.

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

Contractor represents and warrants to City that, as of the date of this Amendment No. 3, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 3, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

5. Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

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Item #7. Page 53
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Project Name, Plan No.
####
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Western Water Works Supply Company
Name: Jake Himes
Title: CFO
[email protected]
Name: Jennifer Himes
Title: VP of Sales
[email protected]

Address: 5831 Pine Ave
Chino Hills, CA 91709
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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Item #7. Page 54
Meeting Date: 5/28/2024 / Packet Page #: 194
AMENDMENT NO. 4

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES No. 4 CITY OF GLENDORA, a general law city &
municipal corporation , and WESTERN WATER WORKS SUPPLY COMPANY OF CHINO, a California Corporation , is effective as of the ____ day of _______, 2023.

RECITALS
WHEREAS, City and Contractor entered into that certain Agreement for Contractual Services dated June 25, 2019 (the , whereby Contractor agreed to provide Water Line Parts and Supplies; and
WHEREAS, City and Contractor entered into the certain Amendment No. 1 to the - of the Agreement; and WHEREAS, City and Contractor entered into that certain Amendment No. 2 to the Agreement, as amended, dated April 27, 2021, where by the parties amended Section 3.4 and ; and
WHEREAS, City and Contractor entered into that certain Amendment No.3 to the Agreement, as amended, dated June 28, 2022, where by the parties amended Section 3.4 and ; and
WHEREAS, City and Contractor now desire to amend the Agreement, as amended, to extend the Term of the Agreement from the close of business on June 30, 2023 to the close of business on June 30, 2024.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. 3.4 Term. this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise p
many, in its sole discretion, extend the Term for five (5) one (1) additional one-year term provided the Contract Office gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Section I. A.

List Sheet attached within as Exhibit C-1 Rates within bid shall be considered firm for the duration of the contract (July 1, 2022 through Item #12. Page 55
Meeting Date: 5/9/2023 / Packet Page #: 412
Item #7. Page 55
Meeting Date: 5/28/2024 / Packet Page #: 195
Western Water Works Supply Amendment No. 4 -2-
June 30, 2023 July 1, 2023 through June 30, 2024). There shall be no escalation upon any rates until the yearly renewal period. Upon yearly renewal, rates may be altered to meet current rates should that be necessary.

The City reserves the right to accept or reject yearly renewal rate increases containing escalation stipulations as it deems to be in the best interest of the - Exhibit C-1 in its entirety with the attached Exhibit C-1 2023 Unit Price List.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 4, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4 reement,
it shall mean the Agreement, as amended by this Amendment No. 4 to the Agreement.

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

Contractor represents and warrants to City that, as of the date of this Amendment No. 4, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 4, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

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

5. Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
Item #12. Page 56
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Item #7. Page 56
Meeting Date: 5/28/2024 / Packet Page #: 196
Western Water Works Supply Amendment No. 4 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Western Water Works Supply Company
Name:Jake Himes
Title: CFO
[email protected]
Name:Jennifer Himes
Title: VP of Sales
[email protected]
Address: 5831 Pine Ave, Chino Hills, CA 91709
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.

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO Item #12. Page 57
Meeting Date: 5/9/2023 / Packet Page #: 414
Item #7. Page 57
Meeting Date: 5/28/2024 / Packet Page #: 197

PROPOSAL
QUOTE DATE EXPIRATION DATE QUOTE NO.

PROPOSAL SUBMITTED BY:

SANTA FE SPRINGS
12247 LAKELAND RD
SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000
FAX: (626)579-1389
www.wwwsco.com
Item #12. Page 58
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Item #7. Page 58
Meeting Date: 5/28/2024 / Packet Page #: 198

PROPOSAL
12247 LAKELAND RD SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000 | FAX: (626)579-1389 QUOTE DATE EXPIRATION DATE QUOTE NO.

JOB ID PAGE NO.

CUST #:

BILL TO SHIP TO

INSTRUCTIONS SHIP POINT VIA SHIPPED TERMS

CONTACT
PHONE

WORK EMAIL

LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT Item #12. Page 59
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Item #7. Page 59
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PROPOSAL
12247 LAKELAND RD SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000 | FAX: (626)579-1389 QUOTE DATE EXPIRATION DATE QUOTE NO.

JOB ID PAGE NO.

CUST #:

BILL TO SHIP TO

INSTRUCTIONS SHIP POINT VIA SHIPPED TERMS

CONTACT
PHONE

WORK EMAIL

LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT Item #12. Page 60
Meeting Date: 5/9/2023 / Packet Page #: 417
Item #7. Page 60
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PROPOSAL
QUOTE DATE EXPIRATION DATE QUOTE NO.

Item #12. Page 61
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Item #7. Page 61
Meeting Date: 5/28/2024 / Packet Page #: 201
Amendment No. 5 – Western Water Works Supply (05.28.2024) 01240.0006/980109.1
AMENDMENT NO. 5

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 5”) by and between the CITY OF GLENDORA, a municipal corporation (“City”) and WESTERN WATER WORKS SUPPLY COMPANY, a California corporation (“Consultant”) is effective as of the _____ day of __________, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated June 25, 2019 (“Agreement”) whereby Consultant agreed to provide water line parts and supplies associated with water line repairs and replacements required by the City; and B. City and Consultant entered into the certain Amendment No. 1 to the Agreement, dated September 8, 2020, whereby the parties amended Exhibits “C,” “C-1,” and “D” of the Agreement; and
C. City and Consultant entered into that certain Amendment No. 2 to the Agreement, dated April 27, 2021, whereby the parties amended the term of the Agreement under Section 3.4 and Exhibit “C” of the Agreement; and
D. City and Consultant entered into that certain Amendment No.3 to the Agreement, dated June 28, 2022, whereby the parties amended the term of the Agreement under Section 3.4 and Exhibit “C” of the Agreement; and
C. City and Consultant entered into that certain Amendment No.4 to the Agreement, as amended, dated May 9, 2023, whereby the parties further amended Section 3.4 and Exhibit “C” of the Agreement; and
D. City and Consultant now desire to amend the Agreement to increase the total compensation due to Consultant under the Agreement; extend the term of the Agreement; and, effective as of July 1, 2024, replace Exhibit “C” (Schedule of Compensation) of the Agreement, with the revised Exhibit “C” (Schedule of Compensation) attached hereto.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1 (Contract Sum) of the Agreement shall be revised as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $175,000 (One hundred seventy-five thousand Dollars) Two Hundred Fifty Thousand Dollars ($250,000) (the “Contract Sum”) per each fiscal year of the City, unless additional compensation is approved pursuant to Section 1.9.” DocuSign Envelope ID: 19AA6259-5202-4955-AAF3-702CA274C78B Item #7. Page 62
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b. Section 3.4 (Term) of the Agreement shall be revised as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through June 30, 2025. until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit D). The City many. in its sole discretion, extend the Term for one (1) additional one-year term provided the Contract Office gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term.” c. Exhibit “C” (Schedule of Compensation) of the Agreement shall be replaced with the revised Exhibit “C” attached hereto, for the period commencing on July 1, 2024 and ending on June 30, 2025.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 5, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 5 to the Agreement.

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

Consultant represents and warrants to City that, as of the date of this Amendment No. 5, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 5, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.

5. Authority. The persons executing this Amendment No. 5 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 5 on behalf of said party, (iii) by so executing this Amendment No. 5, such party is formally bound to the provisions of this Amendment No. 5, and (iv) the entering into this Amendment No. 5 does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment No. 5 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. Each of the parties intend to be bound by the signatures on any telecopied, .pdf or DocuSign Envelope ID: 19AA6259-5202-4955-AAF3-702CA274C78B Item #7. Page 63
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other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby wave any defenses to the enforcement of the terms of this Agreement based on the form of signature. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 effective as of 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
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONSULTANT:

WESTERN WATER WORKS SUPPLY COMPANY
Name: Jacob F. Himes
Title: Chief Financial Officer
[email protected]
Name: Jennifer Himes
Title: Vice President of Sales
[email protected]
Address: 5831 Pine Avenue, Chino Hills, CA 91709
Two corporate officer signatures required when Consultant 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.

DocuSign Envelope ID: 19AA6259-5202-4955-AAF3-702CA274C78B May 10, 2024 | 12:07 PM PDT
May 8, 2024 | 3:10 PM PDT
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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Commencing on July 1, 2024 and ending June 30, 2025, Consultant shall provide the materials and equipment in accordance with the Unit Price List attached hereto as Exhibit “C-1”.

II. The City will compensate Consultant for the materials and equipment provided upon submission of a valid invoice. Each invoice is to include:

A. Line items for all materials and equipment provided, including quantity and unit price.

III. The total compensation for the materials and equipment shall not exceed the Contract Sum as provided in Section 2.1 of the Agreement.

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EXHIBIT “C-1”
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DocuSign Envelope ID: 19AA6259-5202-4955-AAF3-702CA274C78B Item #7. Page 70
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 28, 2024
FROM: RECREATION AND HUMAN SERVICES DISTRICT(S): CITY-WIDE SUBJECT: APPROVE A ONE-YEAR CONTRACT EXTENSION FOR THE PUBLICATION AND

DISTRIBUTION OF THE RECREATION AND HUMAN SERVICES ACTIVITY

GUIDE/GLENDORA REPORT

RECOMMENDATION
That the City Council:

1. Approve a one-year contract extension for The Sauce Creative Services Corporation for the publication, printing, and distribution of three issues of the Recreation and Human Services Department Activity Guide/Glendora report in the amount of $69,570.03 for one year.

STRATEGIC FOCUS AREAS
 Goal 7: Enhance Community Engagement and Presence (ECEP)

EXECUTIVE SUMMARY
Every three years, the Recreation and Human Service Department publishes a Request for Proposals (RFP) for the contract to print and distribute the Recreation and Human Services Department Activity Guide and Glendora Report. Staff solicited an RFP on March 23, 2021, with a scope of work to include printing and distribution of the Activity Guide, Glendora Report, and online flipbook. Two (2) sealed proposal were received by the closing date of March 30, 2021. Staff analyzed the proposal results, and The Sauce Creative Services Corporation was found to be the lowest responsive bidder, best meeting the specifications of the bid.

The printed guide is mailed three times a year to all Glendora Residents to publicize department classes, activities, trips, and special events. In Summer 2019, the department combined the Activity Guide with the Glendora Report.

The link to access the interactive flipbook is provided to the Recreation and Human Services Department and posted on the City’s website. The Sauce Creative Services Corporation has demonstrated the ability to produce a quality activity guide and has held the contract for the activity guide printing and distribution for the City of Glendora since 2010. The Sauce Creative Services other clients include the cities of Riverside, West Covina, Yorba Linda, Alhambra, Monrovia, Duarte, Rosemead, and Downey. The term of the current agreement ends on May 25, 2024, with the option to extend for one year. Staff is requesting the approval of the one-year contract extension for The Sauce Creative Services Corporation to publish, print and distribute the Recreation and Human Services Department Activity Guide and Glendora Report.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Not applicable.

Item #8. Page 1
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Staff Report Page 2 of 2

DISCUSSION
The term for the existing agreement (Attachment A) with The Sauce Creative Services Corporation will end on May 25, 2024, with the option for a one-year extension period. On March 13, 2024, staff notified the Sauce Creative Services Corporation that the City is interested in extending the contract for an additional year per the original agreement. There was a request to modify the contract to reflect change of scope of work and rate of pay. City staff has taken more responsibility for modifying the pages in the activity guide and we will primarily use the Sauce for flyer creation, printing, and distribution.

There was an amendment to the original contract approved on February 16, 2022 (Attachment B) to increase the contract amount due to an increase in printing materials.

The one-year extension period is for three issues of the Activity Guide, printed in Fall 2024, Winter/Spring 2025, and Summer 2025. Each guide will be fifty-six (56) pages in total and include the Activity Guide and the Glendora Report. The Sauce Creative Services Corporation will print 21,600 full color finished pieces for each of the three guide issues. Along with the printed guide, an online flipbook will be created for residents to access online. The terms of the contract include:
 Three issues per calendar year. Fall 2024, Winter/Spring 2025, and Summer 2025; and  $23,190.01 per issue, for a total contract price of $69,570.03 unless additional compensation is approved pursuant to the agreement.

The Recreation and Human Services Department is confident that The Sauce Creative Services Corporation will continue to deliver a quality product for the City of Glendora. At the end of the one-year extension period the City will release a Request for Proposals (RFP) for the next three years.

FISCAL IMPACT
Sufficient budget is available for the Activity Guide and Glendora Report in the Recreation and Human Services Department Administration, Recreation, Human Services, and Teen Center Divisions, the Community Development Department Transportation Division and City Manager Department budgets.

The total price of $69,570.03 for the extension is to be divided into three (3) equal payments of $23,190.03 during the term of the one-year contract.

ENVIRONMENTAL DETERMINATION
There are no environmental impacts with the recommendations in this report.

Prepared By Kelsey Fay, Management Analyst
Concurs With Not Applicable
Reviewed By John Aguirre, Recreation and Human Services Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Fully Executed Agreement - The Sauce Creative Services Corporation FY21-24 B. The Sauce Creative Services Corporation Amendment No. 1 C. The Sauce Creative Services Corporation Amendment No. 2 Draft Item #8. Page 2
Meeting Date: 5/28/2024 / Packet Page #: 212
01240.0001/535308.1 1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
The Sauce Creative Services Corporation
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01240.0001/535308.1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 25th day of May 2021 by and between the City of Glendora, a California municipal corporation (“City”) and The Sauce Creative Services Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

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1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant DocuSign Envelope ID: DEC2FB16-C8B5-4F5C-887D-0D68B74C39E0 Item #8. Page 6
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has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.7 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.8 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference.

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The total compensation, including reimbursement for actual expenses, shall not exceed $188,622 (One hundred and eighty-eight thousand, six hundred and twenty-one dollars and eighty two cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Invoices.

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

The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officersuch delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for one additional one-year term.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Sergio Balandran CEO
(Name) (Title)
NA NA
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any DocuSign Envelope ID: DEC2FB16-C8B5-4F5C-887D-0D68B74C39E0 Item #8. Page 9
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authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Contract Officer.

The Contract Officer shall be Community Services Director, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of DocuSign Envelope ID: DEC2FB16-C8B5-4F5C-887D-0D68B74C39E0 Item #8. Page 10
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any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

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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 Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment.

Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultantshall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or DocuSign Envelope ID: DEC2FB16-C8B5-4F5C-887D-0D68B74C39E0 Item #8. Page 15
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matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section

7.2. 7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing.

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Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement.

Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

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01240.0001/535308.1
Consultant’s Authorized Initials _______

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) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
June Overholt
Administrative Services Director
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

The Sauce Creative Services Corporation
By:

Name: Sergio Balandran
Title: CEO
Email: [email protected]
Address: 103 E. Lemon Ave. Ste 216
Monrovia, CA 91016
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.

When utilizing DocuSign to execute agreement notarization(s) of corporate officers’ signature is not required.

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June 17, 2021 | 3:27 PM PDT
Item #8. Page 21
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01240.0001/535308.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

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01240.0001/535308.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

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01240.0001/535308.1 A-1
EXHIBIT “A”

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

A. The City of Glendora publishes a full color Community Services Activity Guide/City newsletter three times per year that is delivered to approximately 20,000 postal customers. The City will provide the Contractor with the complete text formatted in Microsoft Word or PDF form. The Contractor must provide all other services required to complete the publication including but not limited to the following:

B. Quantity: 21,600 full color finished pieces (no unders, no more than 3% overs) for all three issues.

C. Frequency: Three issues per fiscal year beginning with Fall 2021 and ending with Summer 2024. Three issues for each of the following seasons: Summer, Fall, and Winter/Spring with an option to renew for one additional year (three issues).

D. Pages: Summer, Fall and Winter/Spring issues: fifty-six (56) in total self-cover.

E. Paper Stock: 4/4, 60# SATIN
F. Page Size: Stitch & trim to 8 3/8 X 10 ¾
G. Covers & Text: 4/4 self-cover for all Summer, Fall and Winter/Spring issues.

H. Proofs: Contractor shall typeset and provide City with a minimum of three Lowres digital proofs for all interior pages and 4 color Iris proof for cover pages.

Contractor to provide 3 front cover proofs per issue (Summer, Fall, Winter/Spring).

City shall review and return corrected proof within two business days after delivery of proof or equivalent to the City.

I. Artwork: City to provide digital files in Microsoft word or PDF form. Contractor to provide graphics as needed throughout publication except those provided by City. Contractor to provide design of front and back cover artwork. Contractor must have access to stock photos (public domain and non-copyrighted material) that include images of people, recreational activities, special events, etc.

J. Bindery: Contractor shall fold, saddle stitch, bundle, and prep the material for each issue, for bulk mailing as required by the United States Postal Service requirements K. City Ownership: All Materials furnished to the Contractor must be returned to the City within one (1) week of the Contractor’s delivery of finished publication to the Glendora Post Office.

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L. Flipbook: Contractor shall create electronic Flip book version of the Activity Guide from composite pdf file which includes: hyperlinking of all codes, email addresses and website addresses, page flipping, navigation functions, hyperlink functions, zoom levels, sharp vector text, thumbnail viewing, slide show viewing, and print and download functionality.

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

A. Deliver Activity Guide and City Newsletter to the Glendora United States Post Office (deliver and unload no later than the tenth (10th) day after receiving digital files from the City); all extra copies delivered to the Glendora American Legion Building, 159 N. Cullen Ave., Glendora, CA 91741. Contractor to supply compatible PDF pages to City Community Services Department. The City of Glendora will pay postage for delivery of Activity Guide.

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Activity Guide and City Newsletter Proofs: Contractor shall typeset and provide City with a minimum of three Low-res digital proofs for all interior pages and 4 color Iris proof for cover pages. Contractor to provide 3 front cover proofs per issue (Summer, Fall, Winter/Spring).

IV. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Community Services Coordinator
B. Recreation Supervisor
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01240.0001/535308.1 B-1
EXHIBIT “B”

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

I.

II.

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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

A. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $188,621.82 for this project. Invoice to be submitted and approved by the project manager and Community Services Director.

An invoice for payment of eligible expenses shall be made for services specified in the Scope of Services section I herein, and in accordance with performance.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

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

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

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

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

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

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

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

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EXHIBIT “D”

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

Description Deadline Date
A. Fall Activity Guide and City Newsletter August 2021
August 2022
August 2023
B. Winter/Spring Activity Guide & City Newsletter December 2021 December 2022
December 2023
C. Summer Activity Guide & City Newsletter April 2022
April 2023
April 2024
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. August 2021/ August 2022/ August 2023
B. December 2021/ December 2022/ December 30, 2023
C. April 2022/ April 2023/ April 2024
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA (“City”) and THE SAUCE CREATIVE SERVICES CORPORATION, a California Corporation (“Consultant”) is effective as of the 16th day of February, 2022.

RECITALS
A. City and Consultant entered into that certain “Agreement for Contractual Services,” dated May 25th, 2021 (“Agreement”), whereby Consultant agreed to provide a scope of services set forth in Exhibit “A” thereto.

B. City and Consultant now desire to amend the Agreement to increase the total Contract Sum to account for an increase in costs of paper and production.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

2.1 Contract Sum.
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $188,622 (One hundred and eighty-eight thousand, six hundred and twenty-one dollars and eighty two cents) $207,477 (Two hundred and seven thousand, four hundred and seventy six dollars and fifty five cents). (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

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

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

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

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Project Name, Plan No.
####
-2-
City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

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

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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Project Name, Plan No.
####
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF GLENDORA, A MUNICIPAL CORPORATION
John Aguirre
Community Services Director
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:

THE SAUCE CREATIVE SERVICES CORPORATION
Name: Sergio Balandran
Title: CEO
[email protected]
Address: 103 E. Lemon Ave. Ste 216
Monrovia, CA91016
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

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

DocuSign Envelope ID: EB797454-9B00-4A8B-9B57-759407F980BF February 17, 2022 | 1:23 PM PST
February 17, 2022 | 3:36 PM PST
February 17, 2022 | 4:19 PM PST
Item #8. Page 31
Meeting Date: 5/28/2024 / Packet Page #: 241

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

DocuSign Envelope ID: EB797454-9B00-4A8B-9B57-759407F980BF Item #8. Page 32
Meeting Date: 5/28/2024 / Packet Page #: 242

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

DocuSign Envelope ID: EB797454-9B00-4A8B-9B57-759407F980BF Item #8. Page 33
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AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 2”) by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and THE SAUCE CREATIVE SERVICES CORP, a California corporation (“Contractor”) is effective as of the _____ day of __________, 2024.

RECITALS
A. Following an issuance of a Request for Proposals, City and Contractor entered into that certain Agreement for Contract Services dated May 25, 2021 (the “Agreement”) whereby Contractor agreed to provide a scope of services set forth in Exhibit “A” thereto.

B. On February 16, 2022, the City and Contractor entered into Amendment No. 1 to the Agreement to allow for an increase to the Contract Sum due to Contractor under the Agreement.

C. City and Contractor now desire to enter into this Amendment No. 2 to extend the term of the Agreement for one additional one-year term pursuant to Section 3.4 of the Agreement, add certain changes to the scope of work, and increase the total Contract Sum to accommodate such changes to the Agreement.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1, “Contract Sum,” of the Agreement is hereby amended and shall now read as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $207,477.55 (Two hundred and seven thousand, four hundred and seventy six dollars and fifty five cents).$277,047.58 (Two Hundred Seventy Seven Thousand Forty Seven Dollars and Fifty Eight Cents (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
b. Section 3.4, “Term,” of the Agreement is hereby amended and shall now read as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, the Agreement shall continue in full force and effect until May 25, 2025 completion of the services but not exceeding three years from the date hereof, except as otherwise DocuSign Envelope ID: 25410C2A-E8EC-42AE-B289-696FA62E3A34 Item #8. Page 34
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provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for one additional one-year term.” c. The Scope of Services set forth on Exhibit “A” attached to the Agreement, shall be amended and restated effective as of the Effective Date of this Amendment No. 2, as shown in the Amended Exhibit “A” attached to this Amendment No. 2. d. The Schedule of Compensation set forth on Exhibit “C” attached to the Agreement, shall be amended and restated effective as of the Effective Date of this Amendment No. 2, as shown in the Amended Exhibit “C” attached to this Amendment No. 2.
e. The Schedule of Performance set forth on Exhibit “D” attached to the Agreement, shall be amended and restated effective as of the Effective Date of this Amendment No. 2, as shown in the Amended Exhibit “D” attached to this Amendment No. 2.

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

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

Contractor represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 2, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment, and (iv) the DocuSign Envelope ID: 25410C2A-E8EC-42AE-B289-696FA62E3A34 Item #8. Page 35
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entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment No. 2 may be executed in counterparts, each of which shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. Delivery of a signed counterpart in electronic form (i.e., PDF) by email shall constitute good and sufficient delivery. The parties are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby wave any defenses to the enforcement of the terms of this Amendment No. 2 based on the form of signature. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

THE SAUCE CREATIVE SERVICES CORP, a
California corporation
Name: Sergio Balandran
Title: CEO
Email Address: [email protected]
Name: April Cordero
Title: Sales/Project Manager
Address:
103 E. Lemon Ave. Ste 216
Monrovia, CA 91016
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.

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Apr 30, 2024 | 2:45 PM PDT
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AMENDED EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following services:
a. The City of Glendora publishes a full color Community Services Activity Guide/City newsletter three times per year that is delivered to approximately 20,000 postal customers. The City will provide the Contractor with the complete text formatted in Microsoft Word or PDF form. The Contractor must provide all other services required to complete the publication including but not limited to the following:
i. Quantity: 21,600 full color finished pieces (no unders, no more than 3% overs) for all three issues.
ii. Frequency: Three issues for the fiscal year beginning with Fall 2024 and ending with Summer 2025.
iii. Pages: Summer, Fall and Winter/Spring issues: fifty-six (56) in total selfcover. The City will design the activity guide and city newsletter and contract out up to 15 pages and/or flyers with the Contractor. iv. Paper Stock: 4/4, 60# SATIN
v. Page Size: Stitch & trim to 8 3/8 X 10 ¾
vi. Covers & Text: 4/4 self-cover for all Summer, Fall and Winter/Spring issues vii. Proofs: Contractor shall typeset and provide City with a minimum of three Low-res digital proofs for all interior pages and 4 color Iris proof for cover pages. Contractor to provide 3 front cover proofs per issue (Summer, Fall, Winter/Spring). City shall review and return corrected proof within two business days after delivery of proof or equivalent to the City. viii. Artwork: City to provide digital files in Microsoft Word or PDF form.

Contractor to provide graphics as needed throughout publication except those provided by City. City to provide design of front and back cover artwork. Contractor must have access to stock photos (public domain and non-copyrighted material) that include images of people, recreational activities, special events, etc.
ix. Bindery: Contractor shall fold, saddle stitch, bundle, and prep the material for each issue, for bulk mailing as required by the United States Postal Service requirements City Ownership: All Materials furnished to the DocuSign Envelope ID: 25410C2A-E8EC-42AE-B289-696FA62E3A34 Item #8. Page 38
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Contractor must be returned to the City within one (1) week of the Contractor’s delivery of finished publication to the Glendora Post Office. x. Flipbook: Contractor shall create electronic Flip book version of the Activity Guide from composite pdf file which includes: hyperlinking of all codes, email addresses and website addresses, page flipping, navigation functions, hyperlink functions, zoom levels, sharp vector text, thumbnail viewing, slide show viewing, and print and download functionality.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
a. Deliver Activity Guide and City Newsletter to the Glendora United States Post Office (deliver and unload no later than the tenth (10th) day after receiving digital files from the City); all extra copies delivered to the Glendora American Legion Building, 159 N. Cullen Ave., Glendora, CA 91741. Contractor to supply compatible PDF pages to City Community Services Department. The City of Glendora will pay postage for delivery of Activity Guide III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
a. Activity Guide and City Newsletter Proofs: Contractor shall typeset and provide City with a minimum of three Low-res digital proofs for all interior pages and 4 color Iris proof for cover pages. Contractor to provide 3 front cover proofs per issue (Summer, Fall, Winter/Spring).

IV. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:
a. Community Services Coordinator
b. Recreation Supervisor
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AMENDED EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
a. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $277,047.58 for this project. Invoice to be submitted and approved by the project manager and Community Services Director.

II. An invoice for payment of eligible expenses shall be made for services specified in the Scope of Services Section I herein, and in accordance with performance.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

IV. The City will compensate Consultant for the Services performed upon submission ofc 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.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. Not applicable.

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AMENDED EXHIBIT “D”

SCHEDULE OF COMPENSATION
I. Consultant shall perform all services timely in accordance with the following schedule:

Description Deadline Date
A. Fall Activity Guide and City Newsletter August 2024
B. Winter/Spring Activity Guide and City Newsletter December 2024 C. Summer Activity Guide and City Newsletter April 2025 II. Consultant shall deliver the following tangible work products to the City by the following dates:
a. August 2024
b. December 2024
c. April 2025
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 28, 2024
FROM: PUBLIC WORKS DISTRICT(S): CITY-WIDE
SUBJECT: CONSIDERATION OF CONSULTING AGREEMENTS WITH TRUSSELL TECHNOLOGIES, INC. AND J SQUARED CONSULTING, LLC FOR DEVELOPMENT OF A LEAD SERVICE LINE INVENTORY IN A TOTAL AMOUNT NOT TO EXCEED $259,400

RECOMMENDATION
That the City Council:

1. Award a Consulting Agreement with Trussell Technologies, Inc. for development of a Lead Service Line Inventory in an amount not to exceed $228,992 plus a 10% contingency of $22,899 for a total not to exceed amount of $251,891;

2. Award a Consulting Agreement with J Squared Consulting LLC for project management services related to the development of a Lead Service Line Inventory in an amount not to exceed $7,500;

3. Authorize the City Manager or his designee to execute the agreements, including minimal and/or non-substantive changes;

4. Authorize a supplemental appropriation in the amount of $219,400 in Water Operations Fund 501.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
The State Water Resources Control Board (Water Board), through the Division of Drinking Water (DDW), enforces the California Lead and Copper Rule (CA LCR), which is aligned with the U.S. Environmental Protection Agency’s (US EPA’s) Lead and Copper Rule (LCR). The US EPA published revisions to the federal LCR known as the Lead Copper Rule Revisions (LCRR) on January 15, 2021.

The LCRR requires all Community Water Systems (CWS), like the City of Glendora, to develop a comprehensive inventory of publicly owned and privately owned service line materials, make it publicly available, and submit it to the State by October 16, 2024. Any customers with a lead service line (LSL), galvanized service line requiring replacement (GRR), or a service of unknown material must be notified by mail to inform them about activities that may disturb LSL’s within 30 days of inventory completion and then annually thereafter.

The City has over 13,483 water services and does not anticipate any publicly owned LSLs. However, since the area has been populated since the mid-1800s and the city incorporated in 1911, there are several unknown private services and there may be some privately owned GRRs. There are an unknown number of galvanized services on the public and private side.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The EPA published the LCRR on January 15, 2021, and will apply to all CWS and Non-Transient NonCommunity Water Systems. However, the US EPA delayed the effective and compliance dates to December 16, 2021, and October 16, 2024, respectively, while engaging with local communities, governments, and stakeholders for input.

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On December 17, 2021, the Environmental Protection Agency (EPA) unveiled plans for a new regulatory framework, known as the Lead and Copper Rule Improvements (LCRI), aimed at enhancing safeguards for communities against lead exposure in drinking water. Central to this initiative is the establishment of service line inventories, which serve as the cornerstone for water systems to undertake remedial measures in combating lead contamination in drinking water.

In commitment to this endeavor, the US EPA has pledged to propose and amend the Lead and Copper Rule Revisions (LCRR) by October 2024, incorporating the principles outlined in the LCRI. It is anticipated that the LCRI will necessitate a postponement in the enforcement of certain provisions of the LCRR beyond the initial compliance deadline of October 16, 2024. Nevertheless, the US EPA upholds the October 16, 2024, compliance deadline specifically for the completion of lead service line inventories.

Until the LCRR takes effect on October 16, 2024, water systems are instructed to adhere to their existing tap sampling protocols.

DISCUSSION
To ensure compliance with the Lead and Copper Rule Revisions (LCRR), City staff took action on March 7, 2024, by issuing a request for proposals (RFP) for the Lead Service Line Inventory project. This RFP was widely advertised online and closed on March 28, 2024, resulting in the receipt of only one proposal, which came from Trussell Technologies and Trinnex.

Following a thorough review of the proposal, assessing its accuracy, capacity to deliver services, past performance, and associated fees, City staff decided to proceed with Trussell Technologies' proposal.

Trussell Technologies brings a wealth of experience in navigating regulatory frameworks, having successfully collaborated with numerous utilities to address a variety of regulatory challenges. They have notably served as a crucial liaison between utilities and the California Division of Drinking Water (DDW), ensuring compliance with regulatory standards. Their recent involvement in supporting several local utilities with LCRR compliance and Lead Service Line Inventory (LSLI) development underscores their expertise in this field.

Drawing upon their successful partnerships with local entities such as Irvine Ranch Water District, Mesa Water District, City of Newport Beach, and the City of Colton, Trussell Technologies is well-positioned to assist the City in meeting its regulatory obligations. Additionally, their collaboration with Trinnex, building on their joint efforts for the City, will further enhance their capabilities. Trinnex's leadCAST software solution, a robust cloud-based data management platform, will facilitate the tracking of the City's Lead Service Line Inventory in a GIS-compatible format, ensuring efficient and accurate management of critical data.

As mandated by California Senate Bill 1398, The City of Glendora Water System currently includes approximately 13,483 water services that include an unknown number of services that are of unknown origin and installed before building and plumbing codes regulated the use of lead in plumbing fixtures.

Very few lead services have been found in California on the utility side of the meter that is owned by the City. However, the difficulty is to verify the absence of lead service lines and subsequently inventory any remaining LSLs or GRRs that exist. The use of appropriate survey methods and statistical methodologies will be crucial to complete any inventory of the City’s service area.

The purpose of the proposed agreement is to provide the Water Division with consulting service support to complete the Lead Service Line Inventory as required by the US EPA and guidelines set forth by the DDW. This includes project management, staff training, data management, records review, development of inventory, development of customer educational and notification materials, and the optional tasks of development of a replacement plan and subsequent sampling plan.

The Consultant proposal was evaluated on responsiveness, project understanding and approach, subconsultants and vendors, previous experience, capability, availability, and cost.

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FISCAL IMPACT
The Lead Service Line Inventory project will be funded from Water Operations Fund (501) in account no. 50170640.59100. The Mid-Year FY 23-24 adopted budget for this project is $40,000 and an additional appropriation of $219,400 is needed to fund the services as outlined in the tables below:

Project Budget and Proposed Appropriation
Item Description Funding Source Account Amount
Mid-Year FY 23-24
Adopted Budget Water Operations Fund (501) 50170640.59100 $40,000 Total Amount $40,000
Project Expenditures
Item Description Amount (rounded)
Trussell Technologies - Lead Service Line Inventory $229,000 Contingency 10% $22,900
J Squared Consulting- Research of LCRR $7,500
Total Amount $259,400
Budget Appropriation Water Operations Fund (501) 50170640.59100 $219,400

ENVIRONMENTAL DETERMINATION
This activity is not a project as defined by Section 21065 of the Public Resources Code or Section 153758 of Title 24, Chapter 3 of the California Code of Regulations.

Prepared By Myla DeCastro, Management Analyst
Concurs With Not Applicable
Reviewed By William Wittkopf, Public Works Director
Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Moises Lopez, Assistant City Manager
Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
Payam Mostafavi, Assistant City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Agreement with Trussell Technologies, Inc.

B. Agreement with JSquared Consulting
C. PowerPoint
Item #9. Page 3
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CITY OF GLENDORA

CONTRACT SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this ____ day of _______, 2024, by and between the CITY OF GLENDORA, a California municipal corporation (herein “City”) and TRUSSELL TECHNOLOGIES, INC., a California corporation (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 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.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $228,992 (Two Hundred Twenty-Eight Thousand, Nine Hundred Ninety Two Dollars) (“Contract Sum”).

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved Item #9. Page 4
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Project Title, Plan No #### 2
by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person provided, however, nothing herein shall prevent Consultant from utilizing multiple / various of its personnel to work on any specific task or service set forth herein collaboratively.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Fifty Thousand Dollars ($50,000) or in the time to perform of up to ninety (90) days may be approved by the City Manager. Any greater increases than Fifty Thousand Dollars ($50,000), taken either separately or cumulatively, must be approved by the City Council. 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.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

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3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding One (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for an additional one-year term provided that the scope of services and the Contract Sum for such additional annual period remains unchanged.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Emily Owens-Bennett, Supervising Engineer, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Water Division Manager_______________, or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only Item #9. Page 6
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Project Title, Plan No #### 4
such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of Item #9. Page 7
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Project Title, Plan No #### 5
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(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 Item #9. Page 8
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pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m)Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.

If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s Item #9. Page 9
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performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. 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.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, Item #9. Page 10
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letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant 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 thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

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7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

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.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. 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.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, Item #9. Page 12
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ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure 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

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of 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 portions 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.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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.

8.7 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 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 Item #9. Page 13
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by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 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. Each of the parties intend to be bound by the signatures on any telecopied, .pdf or other electronically delivered document, and are aware that the other party will rely on the telecopied, .pdf or other electronically delivered signatures, and hereby wave any defenses to the enforcement of the terms of this Agreement based on the form of signature.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials ___________________
(Name)

8.11 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 The Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

ALESHIRE & WYNDER, LLP
Danny Aleshire
City Attorney
Kyle Johnson
Finance Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

TRUSSELL TECHNOLOGIES, INC.

Name: R. Shane Trussell
Title: President
Email Address: [email protected]
Name: C. Bryan Trussell
Title: Board Secretary
Email Address: [email protected]
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups:
1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN

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

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EXHIBIT “A”

SCOPE OF SERVICES
Consultant shall perform the following services, in connection with the City’s solicitation of services to complete the USEPA Lead and Copper Revised Rule (“LCRR”), Lead Service Line Inventory ( “ LSLI”), and Service Line Inventory (“SLI”) for the City.

Task 1 – Project Management, Training, and Meetings
This task involves coordinating project information needs and activities, providing the City with project updates summarizing work accomplished throughout the entire project, and delivering training sessions. Key elements are as follows:
 Monthly Progress Meetings: Scheduled for each month of the project duration (May 2024 through November 2024), including a project kickoff meeting, to present and collaborate on achieved milestones as it relates to different tasks and deliverables.  Coordination with the City: Project manager, Emily Owens-Bennett, will work closely with the City’s project manager to communicate information needs, provide progress updates, and discuss key questions and strategy as the project unfolds.  User Training for leadCAST: Consultant will engage with Trinnex to lead a training workshop (up to 4 hours) to walk through the related software applications with the City to inform of navigating the software systems, editing in the data editor, and mobile editing of the leadCAST application. To ensure understanding and proper use of leadCAST, Trinnex offers up to 4 posttraining check-in meetings (weekly) within 30 days of the training workshop. Note that this proposal assumes that field verifications will be completed by City staff under the team’s guidance, with the option for having Consultant staff complete them.

Project responsibilities for Consultant (“Trussell”) and Trinnex are clarified in the following table. Consultant takes full responsibility for all services performed by Trinnex under this Agreement. Areas where City input is needed are indicated below, however Trussell and Trinnex take full responsibility for completing all aspects of the LCRR, LSLI, and SLI.

Task Description City of
Glendora Trussell Trinnex
Project Management X
Provide source data and historical records, as requested X Review requested source data and historical records X
Compile preliminary inventory into Excel-based spreadsheet X QA/QC preliminary inventory for data gaps X
Transfer preliminary inventory into leadCAST database X Inventory map of service lines X
Generate Technical Memorandum/Action Plan for submittal to DDW X X Coordination with DDW X X
Perform field service line material (SLM) verifications/inspections X X a
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Provide verified SLM data X X
Machine learning model to provide material predictions (optional) X Task Description City of
Glendora Trussell Trinnex
Standalone database and standard dashboards X
Preparation of Final Compliant Inventory for City submittal to DDW X X Webpage content for database/map to be hosted on City’s website X Propose a strategy and the framework for prioritizing the replacement of any discovered lead lines, if present, and best practices for implementation (optional)
X
a
Public outreach and customer notificationsb X X
aConsultant will perform this as an optional task if requested by the Contract Officer. bNotification on the City’s website is only required if any service lines are classified in the Initial Inventory as lead, galvanized requiring replacement, or lead status unknown.

Deliverables:

1. Project Kickoff Meeting

2. Project Schedule for the completion of tasks and milestones

3. Monthly progress meetings for the entire project duration

4. Training sessions on leadCAST (1 4-hour workshop, up to 4 follow up meetings) Task 2 – Data Management
The data associated with the City’s LSLI will be managed using Trinnex’s software, leadCAST. This is a cloud-based software solution that was specifically designed to manage compliance with the LCRR LSLI, using the features identified in Figure 1. leadCAST will integrate the City’s existing GIS information, along with findings from the Preliminary LSLI (see Task 3), and field-collected data associated with the verification (Task 3). In addition, leadCAST has the capability to manage water quality information, construction and program management information, and supplementary databases within a single data management environment. Trinnex has passed the SOC 2 assessment to confirm that its data is secure. The City
can be assured that
Trinnex takes the
necessary diligence with
their data and continually
implements controls to
protect it. Training for
using leadCAST is
covered under Task 1.

Figure 1. leadCAST features
 Exporting leadCAST Data: The City shall be the owner of all data collected for this project.

GIS data can be uploaded or downloaded depending on leadCAST permission levels Item #9. Page 17
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established in communication with the City. A full leadCAST geodatabase can be downloaded by the City at any time.

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 Quality Assessment and Quality Control (QA/QC): The Consultant team will coordinate with City to integrate the City- and customer-side service line information (e.g., diameter, date records, and/or materials) from shapefiles and other records. This effort shall include QA/QC of field verification data as well, to ensure accuracy and completeness of the inventory data.

Deliverables:

1. Completed Initial LSLI for the City’s water system in a Microsoft Excel-based format (i.e., all service lines identified and categorized in accordance with USEPA and DDW requirements and guidelines).

2. Final inventory and results from the leadCAST software will be downloadable and compatible with the Esri’s GIS platform.

Figure 2. Screenshot of exporting function of GIS data in leadCAST Item #9. Page 19
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Task 3 – Service Line Inventory
The LCRR LSLI development process is expected to proceed as summarized in the following figure:

Preliminary LSLI and Action Plan
The LCRR requires that each water system review records with information related to service line material identification. This effort involves the development of the format of the LSLI, as well as to compile preliminary inventory numbers for the service line materials on both sides of the meter (including unknowns). The project team will account for all service lines in the City’s distribution system on both sides of the water meter, using a consistent unique identifier such as a location ID or local address tied to the water meter. Consultant understands that the City has identified records that may be used to identify the material and/or installation dates of the utilityside service lines. Collectively, these records are expected to further limit the total number of service lines classified as unknown material that would need to be identified using other methods.

Key components of this effort defined in greater detail in the subsequent list. These elements will be presented as part of monthly progress meeting presentations in accordance with Task 1 Project Management.
 Review of Existing Information to Establish Preliminary Inventory: Consultant will build on the City’s prior efforts to compile and review historical public records to identify Establish Preliminary Service Line Inventory
Identify service line numbers, knowns/unknowns; format, records used Develop Initial Service Line Inventory Action Plan
Establish verification methods, priorities, targets, data tracking approach Engage DDW
Submit Action Plan for review, approval; convene meeting, as needed Gather Data
Identify service line materials per Action Plan methods, manage data Finalize Initial Service Line Inventory and Submit to DDW Export to Excel for submission, summary sheets from DDW template Item #9. Page 20
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service line materials, diameters, or their installation dates to establish a preliminary inventory of the service lines on both sides of the City’s water meters. Relevant records Consultant have found to be most useful include specifications and/or standards for service lines, construction and plumbing codes, GIS maps and drawings, meter installation records, building plans for housing developments, and parcel-based data on the build date for customer locations. This preliminary inventory will highlight the known service line materials, while also identifying the unknowns to be addressed through field verification, predictive modeling (if selected – included as an optional task for this proposal), and other DDW-approved methods. Identified unknowns will be further prioritized for identification based on DDW guidance (Frequently Answered Questions LCRR Inventory Fact Sheet, January 2023).
 Compile Preliminary Inventory: A preliminary LCRR LSLI identifying the number of service lines on both sides of the water meter by material (including unknowns) will be compiled based on the City’s existing information, additional historical and/or publicly available resources, and use of the LCRR guidance documents from both USEPA and DDW. This preliminary inventory will serve as the basis for establishing an action plan for identifying remaining unknown materials. All service lines will be categorized using the DDW designated material classifications (i.e., lead, galvanized requiring replacement, non-lead, and lead status unknown). Categorization of service lines as ‘non-lead’ will be based on 1) documented installation after 1986 or another documented local lead ban or standard service line specification, or 2) diameter of 4 inches or greater.  Identify and Approve Methods for Confirming Unknowns: Consultant anticipates using a combination of identification methods to complete the City’s LSLI, including dating, pipe diameter, physical visual inspection combined with stratified random sampling, and interviews. As an optional task (see description, below), the City can elect to have our team complete statistical verification in combination with predictive modeling/machine learning using Trinnex’s leadCAST Predict. The most relevant methods will be finalized pending review of the City’s historical records and development of the preliminary inventory of known and unknown service line materials on both sides of the meter.

Several of these methods require case-by-case DDW approval, thus Consultant will prepare an Action Plan to be submitted to DDW to gain approval for these methods (see below).
o Interviews to Support LSLI Classifications: Leveraging the comprehensive institutional knowledge of materials for service lines from the long-term City operations and maintenance staff on both sides of the meter provides additional information to substantiate LSLI classifications. DDW has suggested that conducting these interviews and establishing that no lead service lines have been identified in 30+ years of field work in the system can be powerful evidence.

Consultant will work with the City and local contacts to pursue targeted interviews that – in combination with subsequent field verifications – could further support the LSLI classifications.
 Engagement with DDW and Initial LSLI Action Plan: Consultant will compose an Item #9. Page 21
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Initial LSLI Action Plan to document the findings derived from the records review and assessment of the preliminary inventory, along with describing the selected methods for confirming unknowns. After incorporating one cycle of review by the City, Consultant will work with the City to submit the Initial LSLI Action Plan for DDW review. Consultant suggests that the City offer a meeting with DDW, as needed, to present the preliminary inventory and summarize the Initial LSLI Action Plan for identifying remaining unknown service line materials. Consultant will support the City if DDW elects to have a meeting.

Inventory Completion via Field Surveys and Data Analysis Once the Initial LSLI Action Plan is approved by DDW, the next step is to implement the approved methods and complete the LSLI.
 Stratified Random Sampling: The required number of field verifications will be determined by applying DDW’s recommended Stratified Random Sampling method to the unknowns from the preliminary inventory. This statistical verification method identifies the number of field investigations for a given time period that provides a 95 percent confidence level with 5% margin of error (MOE). An example applying this method and its expected application to the City’s service lines (assuming 14,000 service lines of unknown material following the preliminary inventory; subject to change) for determining field verifications is provided in the following Figure
The identified target number of 736 field verifications is expected to be refined as part of Task 3 efforts.

Field Verification Targets
DDW Example for 10,000+ 01240.0001/980666.2
City of Glendora Preliminary Inventory - Example
Total
Record Date Range
Total
% of
Total Service Lines
Numberto Physically
Verify
1850-1899 0 0.0% 0
1900-1919 + unknown date 2,900 20.7% 341
1920-1949 100 0.7% 20
1950-1986 11,000 78.6% 375
Total 14,000 100% 736
 Field Verification Standard Operating Procedure: Consultant will provide a standard operating procedure defining simple diagnostic tests (e.g., scratch and magnet; see Figure Item #9. Page 22
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5). This document will guide staff (assumed to be City staff, with the option of engaging Consultant staff) in the field completing material classification of pipes on both sides of the meter.

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Figure 5. Examples of service line materials
 Field verification: This is an integral component of the initial LSLI as it provides the most reliable evidence of the service line material classification. Although targeted field verification efforts can be time- and labor-intensive, this would be most time and cost effective for the City if completed by City staff. Depending on the timing, at least a portion of this could be completed as part of routine maintenance and customer service outreach activities (routine meter replacements, meter box replacements, meter leaks repairs, etc.). If not completed as part of routine maintenance efforts, Consultant estimates that it would take ~200 hours of City staff time to complete the field investigations in a more targeted manner. The Consultant team will provide data collection tools and take responsibility for managing the resulting data and integrating it into the LSLI.

Inventory Completion
To ensure field investigations and the LCRR inventory are completed prior to the October 16, 2024 deadline, the Consultant project team will develop:
 Updated LSLI based on field verification results: Building on the preliminary inventory, this version of the LSLI will reflect service line materials identified via field verification.
 Submission to DDW: Consultant will work with the City to prepare the Initial SLI for submission to DDW. The submittal consists of a spreadsheet summarizing the City’s service line materials, as well as supplemental worksheets detailing utility information and methodology. Consultant will ensure that all findings from Task 3 inventory efforts are accurately incorporated into a spreadsheet and configured for GIS integration. Trinnex will link the data into the City's website, as needed.

Deliverables:

1. Preliminary LSLI in Excel-compatible format that identifies all known and unknown portions of service lines, incorporating City’s historical information

2. Preliminary LSLI review meeting with the City Team

3. Draft Initial LSLI Action Plan for the City to review and comment Item #9. Page 24
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4. Draft Initial LSLI Action Plan for submission to DDW reflecting the City comments

5. Final Initial LSLI Action Plan reflecting DDW comments, if needed

6. List of target field verification locations

7. Standard Operating Procedure for field investigations.

8. Initial LSLI package for submission to DDW
Task 4 – Customer Notification and Educational Materials Consultant will prepare communication and outreach materials pertaining to the LCRR. At a minimum, this will entail identifying (a) the required updates to the water quality consumer confidence report, (b) procedures for notifying customers in the event of service line materials categorized as ‘lead’, ‘galvanized requiring replacement’, or ‘lead status unknown’, as well as (c) customer notifications for exceedance of the action level in future tap monitoring. This initiative will be closely coordinated with City of Glendora to align with the City’s communication standards. The public education and outreach material will be developed and compiled into a communication memorandum for submission to the City. Consultant will submit a draft communication for review and feedback by the City, along with a final version incorporating the City’s comments.

Deliverables:

1. Draft Communications Memorandum

2. Final Communications Memorandum reflecting the City’s comments Task 5 – Miscellaneous
USEPA proposed the Lead and Copper Rule Improvements (LCRI) on November 30, 2023 as follow up requirements that build on the LCRR to prevent exposure to lead from drinking water.

The LCRI proposes lowering the action level for lead to 10 µg/L, accelerating the timeframe for locating and replacing lead service lines, and changing tap sampling practices for locations with lead service lines, among other provisions. As part of this task, Consultant will review the LCRI and identify the provisions that are expected to impact the City. Consultant will prepare a communication summarizing these elements of the LCRI and documenting associated recommendations for maintaining future compliance under both the LCRR and the LCRI.

Deliverables:

1. Draft LCRR-LCRI Compliance Communication

2. Final LCRR-LCRI Compliance Communication reflecting the City’s comments Task 6a (Optional) – Development of Replacement Plan
In the event that the completion of the City’s Initial LSLI results in the discovery of lead, galvanized requiring replacement, or unknown service lines, Consultant will develop a Lead Service Line Replacement Plan in accordance with LCRR and LCRI guidelines. As with Task 4, Consultant will collaborate with the City of Glendora public affairs, water quality, and engineering teams to develop the Replacement Plan such that it aligns with the City’s communication guidelines. Consultant will develop a strategy and delineate a framework for Item #9. Page 25
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prioritizing the replacement of identified lead lines, incorporating best practices to ensure efficient implementation. As such, Consultant will set up a template to manage, order, and track all sample kits for pre- and post-replacement, and review the obtained sample results provided by the City.

The Replacement Plan would include addressing ongoing inventory requirements, estimation of construction costs for removing impacted service lines, and a schedule that corresponds with the LCRI goal of replacing all lead services lines by 2034.

Deliverables:

1. Meeting with the City’s public affairs, water quality, and engineering teams

2. Template for public outreach and system tracking of sample kits

3. Draft Lead Service Line Replacement Plan for City review and comments

4. Final Lead Service Line Replacement Plan reflecting City comments Task 6b (Optional) – Development of Sampling Plan
Consultant will evaluate the completed Initial SLI to determine appropriate tiers for sampling and required frequency of monitoring based on both the LCRR and LCRI. Consultant will update the City’s LCR monitoring plan and apply new tier descriptions, action levels, and remove outdated information. As needed, Consultant will coordinate with the City’s project team to select new sampling sites that align with the updated requirements.

Deliverables:

1. Draft Sampling Plan for City review and comments

2. Final Sampling Plan reflecting City comments
Task 7 (Optional) – Field Verifications by Consultant
City may request Consultant staff to complete field investigations, in which event the proposed fee schedule for this optional task assumes a concentrated effort lasting approximately five weeks. If requested, Consultant would provide City with the list of target locations for verification, along with a standard operating procedure for City staff to follow. The Consultant project team will work with the City to consider the best approach as the project progresses.

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01240.0001/980666.2
Task 8 (Optional) – Trinnex leadCAST Predict Software
Trinnex can apply their leadCAST Predict machine learning model to provide material predictions (Figure 6). The model is run using the preliminary inventory data in conjunction with field verifications. The model leverages demographic data from the U.S.

Census and property data. Predictive modeling is an iterative process that begins with identifying a representative set of properties to perform field verifications. Trinnex will use the Inspection Optimizer tool that is a part of their leadCAST Predict solution to recommend this initial representative set of field verifications to support unbiased and reliable predictive modeling. Once the field verifications are performed, Trinnex will train and test a machine learning model to predict the probability of lead for the remaining unknowns in the inventory. These predictions will guide additional targeted field verifications with the goal of reducing unknowns in the inventory in the most cost-effective way. The model will be run iteratively alongside ongoing field investigations until an acceptable level of accuracy and confidence is achieved. Model predictions and performance metrics (such as accuracy, hit rate, and recall) will be displayed in leadCAST along with a comprehensive report that provides transparency into how the model was built and tested. Trinnex will monitor EPA and regulatory agencies for guidance on criteria for acceptance of machine learning as an identification method for unknown service lines and align the model with such guidance.

Figure 6. Trinnex's predictive modeling flow chart
Predictive modeling is not a requirement for completing the LCRR service line inventory, but it can be used to inform the priority locations for field verification of unknown service lines and to provide greater confidence in the interpretation of the results. Based on our experience to-date with these LCRR service line inventory projects, it might not be necessary to complete the predictive modeling. The Consultant project team will work with the City to consider the value of predictive modeling along with the schedule constraints for including it within the Scope of Services.

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01240.0001/980666.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.

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C-1
01240.0001/980666.2
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the services in accordance with the following compensation table:

Note: Trinnex products and professional services associated with training, support, and predictive modeling are included above as other direct costs (ODCs). It is assumed that the City has the capability to import inventory results, formatted as shapefiles or geodatabases, from leadCAST into the current GIS system. No software licensing from Trinnex is required after the completion of this project.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

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

A. Line items for all 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.

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01240.0001/980666.2
IV. The total compensation for the services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

V. Consultant’s billing rates for all personnel are attached hereto as Exhibit “C-1”.

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C-1
01240.0001/980666.2
EXHIBIT “C-1”

BILLING RATES
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D-1
01240.0001/980666.2
EXHIBIT “D”

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

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CITY OF GLENDORA

CONTRACT SERVICES AGREEMENT WITH

JSQUARED CONSULTING LLC
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this day of May, 2024, by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and JSQUARED CONSULTING LLC, a California limited liability company (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 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.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not Item #9. Page 33
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exceeding the maximum contract amount of $7,500 (Seven Thousand Five Hundred Dollars) (“Contract Sum”).

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Fifty Thousand Dollars ($50,000) or in the time to perform of up to ninety (90) days may be approved by the City Manager. Any greater increases than Fifty Thousand Dollars ($50,000), taken either separately or cumulatively, must be approved by the City Council. 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.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

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3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for one (1) additional one-year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. ___James Tsumura is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Water Division Manager or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

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4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth.

Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Item #9. Page 37
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Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.

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(m)Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

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6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. 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.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant 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 thereunder.

The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.