Glendora City Council
June 25, 2024

Chapter 2.40 COMMUNITY SERVICES COMMISSION
Sections:

2.40.010 Established.

The community services commission of the city is created. (Ord. 1236 § 2 (part), 2005)

2.40.020 Duties and responsibilities.

A. The fundamental nature of the community services commission is to improve and enhance the quality of life throughout the community. The community services commission is responsible for overseeing the city's recreation and community services programs. The commission oversees the general use of parks, public facilities, transportation, community communication, and matters relating to the community's recreational and service needs. The commission provides information and recommendations to the city council in these areas.

B. The duties and responsibilities of the commission shall be as follows:

1. Act in an advisory capacity and be responsible to the city council in all matters pertaining to parks, public recreation and community services;

2. Act as the communications link between the residents, city council, and community services department, in all matters pertaining to parks, facilities, recreation, and community services, and to cooperate with other governmental agencies and civic groups in the advancement of sound park, recreation, and community service planning and programming;

3. To plan and recommend community service programs and evaluate community service programs and services designed to meet the community needs in areas of youth, recreation, adults, seniors, parks, aquatics, community communications, events, and transportation;

4. Parks and facilities:
a. Act in an advisory capacity to the city council in all matters pertaining to the acquisition, improvement, development, maintenance, and use of all public parks and facilities in the city; b. Recommend regulations, rules, and policies for city council adoption including hours of operation, fees, programs, organizations and operational procedures; c. Review the items in subsection (B)(4)(b) of this section annually and provide recommendations to the city council;
d. Advise for long range capital improvements;

5. Recreation, community services, and transportation:
a. Formulate policies on services and programs for approval by the city council, including:
agreements with the board of education of the school district and the city council for the best possible joint use of parks and recreation facilities and similar agreements with other civic groups;
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(Supp. No. 38)

b. Interpret the policies and functions of the community services department to the community; c. Make periodic inventories of community services that exist or may be needed, assess and communicate the needs of the community to the community services director and the city council;
d. Aid in the coordinating of community services with the programs of other governmental agencies and voluntary organizations;

6. Community cable television:
a. Formulate policies regarding the community bulletin board, rebroadcast schedule, and programs for the Community Channel 3, for approval by the city council, including: reviewing agreements with the Community Media of the Foothills Board and similar agreements with other civic groups as necessary;
b. Interpret and communicate the policies and functions of community cable television to the community services department and to the community;
c. Act in an advisory capacity to the city council in all matters pertaining to community cable television;

7. Advise in the preparation of the community services department work plan and goals and budget and make recommendations to the city council;

8. Perform all other duties referred to and requested of the community services commission by the city council;

9. Improve and enhance the quality of life throughout the community through people, parks, and programs.
(Ord. 1236 § 2 (part), 2005)
(Ord. No. 1429, § 4, 7-14-20)
Editor's note(s)—Section 4 of Ord. No. 1429, adopted July 14, 2020, repealed former §§ 2.40.020 and 2.40.030, and renumbered § 2.40.040 as § 2.40.020. Former §§ 2.40.020 and 2.40.030 pertained to membership and terms, and derived from Ord. 1236, § 2, adopted in 2005.

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CHAPTER 2.28

COMMUNITY AND HUMAN SERVICES COMMISSION
§ 2.28.010. Created.

There is established and created a Community and Human Services Commission for the City.
(18-04, 12-04)
§ 2.28.020. Powers and duties.

The Community and Human Services Commission improves and enhances the quality of life in Claremont through its oversight responsibility for: (1) the City's provision of a variety of innovative community events, leisure activities and social services to meet existing and emerging needs; and (2) the City's general appearance and the condition of the City's infrastructure. This oversight responsibility includes the maintenance of parklands, cemetery grounds, streets and street lights, sidewalks, public rights-of-way landscaping, the Urban Forest, recycling, graffiti removal, and water quality.

The Community and Human Services Commission shall have the following powers and duties:

A. To make recommendations to the City Council and City Manager on matters pertaining to:

1. Human problems and needs in the community.

2. The development, improvement, and maintenance of parklands, cemetery grounds, public rights-of-way landscaping, public buildings and facilities, subject only to the restrictions and limitations provided elsewhere in this Code.

3. The maintenance of streets, sidewalks, sewers and storm drains subject only to the restrictions and limitations provided elsewhere in this Code.

4. The care, protection, and maintenance of the City's Urban Forest.

5. The species of trees to be planted along specific City streets.

6. The provision of clean City services including refuse collection, recycling, and graffiti removal.

7. The quality of water provided locally and related issues.

8. Community based organizations and community development block grants.

9. Community and Human Services programs and services, such as parks and recreation, designed to meet human needs, in the areas of youth, seniors, homeless, and disabled persons.

B. To review community analyses assessing human needs and present resources.

C. To promote understanding and education with regard to human relations among City of Claremont, CA
§ 2.28.010 § 2.28.020
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(18-04, 12-04)
§ 2.28.030. Meeting—Frequency.

The regular meetings of the Community and Human Services Commission shall be held once a month, on dates and times to be established by the members of the Commission.

The Commission may hold a second meeting during any given month, if the Commission members find it necessary.
(18-04, 12-04)
various segments of the community and to recommend measures which will serve to improve human relations within the City.

D. To act as liaison among the City, public and private social service agencies, and citizens, and to coordinate programs for more effective delivery of services and reduction of duplication.

E. To perform all other acts referred to and requested of the Community and Human Services Commission by the City Council or City Manager.

F. To improve and enhance the quality of life throughout the community.

City of Claremont, CA
§ 2.28.020 § 2.28.030
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- MUNICIPAL CODE
Chapter 50 - PARKS AND RECREATION
ARTICLE II. PARK AND RECREATION COMMISSION
Azusa, California, Code of Ordinances Created: 2024-03-08 14:52:21 [EST] (Supp. No. 69)

ARTICLE II. PARK AND RECREATION COMMISSION1
Sec. 50-36. Created.

There is established and created a park and recreation commission in and for the city. (Code 1971, § 2.16.010)
Sec. 50-37. Appointment.

The commission shall consist of five members, none of whom shall be officers or employees of the city. The members of the commission shall serve three-year terms, except when appointed pursuant to section 2-32(7) to fill an unexpired term. All members shall be appointed by the mayor of the city with a majority vote of the city council and shall serve pursuant to section 2-32. Members of the commission may be removed from office pursuant to section 2-32.
(Code 1971, § 2.16.020, 2.16.030; Ord. No. 94-08, § 1, 2, 7-18-94; Ord. No. 05-04, § 1, 5-2-05; Ord. No. 2023-05 , §§ 2, 4(Exh. A), 10-16-23)
Sec. 50-38. Terms.

Members of the park and recreation commission shall be appointed to serve terms of three years. (Code 1971, § 2.16.030)
Sec. 50-39. Vacancies.

Vacancies occurring on the park and recreation commission shall be filled in the same manner as provided for in the initial appointment. The appointee is to serve only for the unexpired term of office of the member whom he or she replaces.
(Code 1971, § 2.16.040; Ord. No. 2023-05 , §§ 2, 4(Exh. A), 10-16-23) Sec. 50-40. Advisory members.

In addition to the members of the park and recreation commission, the superintendent of the Azusa Unified School District, or his or her designee, shall be an advisory member and one member of the Azusa Unified School District governing board, to be selected by the board annually, shall be an advisory member. All advisory members serve at the pleasure of the appointing power. Advisory members may participate in the deliberations of the commission but shall have no vote.
(Code 1971, § 2.16.050; Ord. No. 2023-05 , §§ 2, 4(Exh. A), 10-16-23) 1 Cross reference(s)—Administration, ch. 2.

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(Supp. No. 69)

Sec. 50-41. Powers and duties.

The powers and duties of the park and recreation commission shall be to:
(1) Act in an advisory capacity to the city council in all matters pertaining to the acquisition, improvement, maintenance and use of all public parks and parkways in the city. (2) Act in an advisory capacity in coordinating and reviewing the plans and conduct of the director(s) of the parks and recreation divisions, in the improvement and maintenance of all parks and parkways, recreation programs and services, and facilities relevant to the delivery of these programs. (3) Act in an advisory capacity to the city council in all matters pertaining to public parks and recreation in the city.
(4) Advise the director(s) overseeing the parks and recreation divisions in the formulating and conducting of all recreational activities.
(5) Act in an advisory capacity to the city council in all matters pertaining to the planting, pruning, care and removal of all trees in streets and parkways in the city. (6) Act in an advisory capacity in coordinating and reviewing plans and conduct of the director(s) of the parks and recreation divisions in the maintenance of all street trees. (7) Advise the city council concerning relations with other governmental agencies and civic groups in the advancement of good park and recreation planning and programming. (8) Advise the city council with respect to the powers and duties of the commission listed in subsections (1) through (7) of this section.
(9) Review the annual budget covering all park, recreation and street tree activities and act in an advisory capacity concerning such to the city council.
(10) Perform such other advisory functions as may be referred to or requested of it by the city council. (Code 1971, § 2.16.060; Ord. No. 2023-05 , §§ 2, 4(Exh. A), 10-16-23) Sec. 50-42. Rules for park use.
(a) The park and recreation commission shall advise the city council with respect to adoption of rules and regulations pertaining to the conduct and use of parks and public grounds as are necessary to administer them and to protect the public property and the safety, health, morals and welfare of the public, consistent with all state laws and this Code.
(b) No person shall fail to comply with any such rule or regulation after it has been posted in the affected area. (Code 1971, § 2.16.070)
Sec. 50-43. Compensation.

Each member of the commission shall receive compensation in an amount to be established by resolution of the city council. Each member may also be reimbursed for any reasonable and necessary expenses incurred in the performance of commission duties.
(Code 1971, § 2.16.080; Ord. No. 2023-05 , §§ 2, 4(Exh. A), 10-16-23) Item #6. Page 13
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(Supp. No. 69)

Sec. 50-44. Residency requirements.

Every member of the park and recreation commission shall have been a resident of the city for one year prior to appointment and shall remain a resident of the city while serving as a commissioner. (Code 1971, § 2.16.100)
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 25, 2024
FROM: RECREATION AND HUMAN SERVICES DISTRICT(S): CITYWIDE SUBJECT: APPROVE AMENDMENT NO. 3 WITH PW GOLF MANAGEMENT TO THE GROUND

LEASE AGREEMENT FOR THE GLEN OAKS GOLF COURSE

RECOMMENDATION
That the City Council:

1. Approve third renewal option commencing on July 1, 2024, and ending on June 30, 2029;

2. Approve Amendment No. 3 with PW Golf Management to the ground lease to add three (3) more extension options for a total of 45 years, and to exclude from the revenue generated from “The Putt Course” for five (5) years commencing completion; and

3. Authorize the City Manager or his designee to execute the agreement with PW Golf Management, LLC, including minimal and/or non-substantive changes.

STRATEGIC FOCUS AREAS
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
The Glen Oaks Golf Course and Driving Range is owned by the City of Glendora. The facility has a ninehole par 3 golf course, which is highlighted by a night lighted driving range, practice facility, a putting green, and pro-shop/clubhouse.

PW Golf Management, LLC has been operating and maintaining the Glen Oaks Golf Course and Learning Center since 2009. A letter has been submitted requesting to exercise the third additional five (5) year term of the current ground lease agreement to commence on July 1, 2024, as well as adding three additional five-year renewal period options.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On May 26, 2009, the City Council approved a Ground Lease Agreement with PW Golf Management, LLC to operate and maintain the Glen Oaks Golf Course.

On August 12, 2014, the City Council approved a Side Letter of Understanding to modify the original Ground Lease to add additional options to extend the lease.

On October 23, 2018, the City Council approved Resolution 79-061 for Glen Oaks Golf Course, which granted a Conditional Use Permit to sell beer on site.

On April 24, 2019, the City Council approved Amendment No. 1 to the Ground Lease Agreement to extend the term of lease for a second additional five-year term.

On September 14, 2021, the City Council approved Amendment No. 2 to the Ground Lease Agreement to extend the term of lease an additional two, five-year extension periods.

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Staff Report Page 2 of 3
On May 16, 2024, the Community Services Commission approved a recommendation to City Council to approve Amendment No. 3.

DISCUSSION
The Glen Oaks Golf Course and Learning Center is a full-service golf facility with a nine-hole course. 29 bays on the driving range are equipped with Top Tracer entertainment screens. The Top Tracer screens provide players instant feedback on each shot’s accuracy and distance. The facility includes a snack bar with restaurant seating located inside and an outside patio area. PW Golf Management, LLC have an approved conditional use permit to serve food and beer in the clubhouse and the driving range.

PW Golf Management, LLC has made substantial improvements to the golf course complex over the last 15 years and has greatly enhanced services for patrons. Enhancements include updates to the clubhouse and patio area, implementation of shade structures and dividers on the range, implementation of target greens, course improvements (tee markers, updates to bunkers), implementation of Top Tracer equipment, enhanced driving range seating and amenities, addition of snack shack and patio on range, updates to bathrooms, and the addition of a cooler/freezer combo.

PW Golf Management, LLC has evaluated the facility and is proposing the make additional improvements to enhance the amenities of the golf course. The estimate for the proposed enhancements will be approximately $1 million-$1.5 million. Enhancements include:
 Addition of 18-hole enhanced mini golf course (named “The Putt Course”);  Building a larger, updated snack shack, which will include ice cream options;  Applying for an updated liquor license to include wine; and  Enhancing the boulevard with updated landscaping
PW Golf Management, LLC believes that these enhancements to the facility will not only provide the residents of Glendora an enhanced recreational experience but could drive additional revenue to the City by attracting additional patrons.

The proposed amendment to the contract will allow PW Golf Management, LLC to exercise its third renewal option to extend the term July 1, 2024, through June 30, 2029. It will also provide three more extension options for a total of nine options, or 45 years ending in 2059. PW Golf Management, LLC has also requested that any revenue generated from “The Putt Course” be excluded from the percentage rent for five years commencing on the completion of the course, to allow the company to recoup costs at an accelerated pace.

FISCAL IMPACT
PW Golf Management, LLC shall pay the City a fixed annual minimum rent each year in equal monthly installments. PW Golf Management, LLC shall pay the City as additional rent the percentage (variable rate) of the increase over the base annual operating gross revenue of $576,991.

PW Golf Management, LLC has proposed that the revenue generated from “The Putt Course” will be excluded from the percentage rent for five years commencing on the completion of the course.

CONTRACT PERIOD DATE RANGE FIXED ANNUAL

PAYMENT VARIABLE RATE
Original Contract 2009-2014 $60,000 3-6%
1 st 5yr Extension 2014-2019 $66,000 6%
2 nd 5yr Extension 2019-2024 $72,600 6%
3 rd 5yr Extension 2024-2029 $76,230 6%
4 th 5yr Extension 2029-2034 $80,042 6%
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Staff Report Page 3 of 3
5 th 5yr Extension 2034-2039 $84,044 6%
6 th 5yr Extension 2039-2044 $88,246 6%
7 th 5yr Extension 2044-2049 $92,658 6%
8 th 5yr Extension 2049-2054 $97,291 6%
9 th 5yr Extension 2054-2059 $102,155 6%

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

Prepared By Kelsey Fay, Management Analyst
Concurs With Eddie Kouyoumdjian, Community Services Commission Reviewed By John Aguirre, Recreation and Human Services Director Certified to Availability of Funds Marie Ricci, Deputy City Manager 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. 2009 PW Golf Management LLC Glen Oaks Golf Course Lease Agreement B. 2014 Glen Oaks Side Letter of Understanding
C. 2021 PW Golf Management LLC Letter of Request
D. Amendment No. 1
E. Amendment No. 2
F. Draft Amendment No. 3
G. PowerPoint
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AMENDMENT NO. 2

TO GROUND LEASE FOR THE GLEN OAKS GOLF COURSE
& DRIVING RANGE
This AMENDMENT NO. 2 to that certain “GROUND LEASE FOR THE GLEN OAKS GOLF COURSE & DRIVING RANGE” (“Amendment No. 2”) is by and between the CITY OF GLENDORA, a general law city & municipal corporation (“Lessor”) and PW Golf Management, LLC, a Minnesota limited liability company (“Lessee”) is effective as of this 14th day of September, 2021.

RECITALS
A. Lessor and Lessee entered into that certain “GROUND LEASE FOR THE GLEN OAKS GOLF COURSE & DRIVING RANGE,” dated July 1, 2009 (the “Ground Lease”), whereby Lessee entered into a ground lease to operate and maintain the Glen Oaks Golf Course & Driving Range (the “Premises”).

B. The parties entered into “Amendment No. 1” to the Ground Lease on May 28, 2019, to extend the term and lease payments.

C. The Parties now desire to again formally amend the Ground Lease so as to extend the term and lease payments thereunder.

TERMS

1. Contract Changes. The Ground Lease is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. "Section 2. Term
(a) Lessor hereby grants to Lessee four (4) six (6) options to renew the Lease for a period of five (5) years per option for a total of an additional twenty (20) thirty (30) years ("Extension Period"). Lessee hereby exercises its option to extend the Term of this Lease for the second additional five (5) year extended term. Lessee is currently on year two (2) of the second additional five (5) year term. Lessee's privilege to exercise these options is expressly conditioned upon Lessee not having previously defaulted on the terms of the Lease, not being in default at the time the option is exercised, and not being in default between the timethe option is exercised and the start of the new lease term. The Parties hereby ratify, nunc pro tunc, that certain "Side Letter of Understanding" approved at the August 12, 2014 City Council meeting, as constituting the exercise by Lessee of the first additional five (5) year extended term under the Lease. As used in this Lease the terms "Landlord" and "Tenant" shall be deemed to have been replaced with the terms "Lessor" and "Lessee," respectively." / / /
/ / /
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"Section 3. Minimum Rent and Percentage
(a) Minimum Rent. Tenant shall pay to Landlord annual minimum rent (the "Minimum Rent") in the amount of $60,000.00 per year payable in equal monthly installments in the sum $5,000.00 commencing on the Effective Date of the Lease. If Tenant exercises the option to extend the term of this Lease for the first additional five (5) year period, the Minimum Rent shall increase ten percent (10%) to $66,000.00 per year for each year of the first option period.

Because Lessee has exercised its option to extend the Term of this Lease for the second (2nd) additional five (5) year period, the minimum rent shall increase ten percent (10%) to $72,600.00 per year for each year of the second option period.

If Tenant exercises the option to extend the Term of this Lease for the third additional five (5) year period, the Minimum Rent shall Increase five percent (5%) to $76,230.00 per year for each year of the third option period. If Tenant exercises the option to extend theTerm of this Lease for the fourth additional five (5) year period, the Minimum Rent shall Increase five percent (5%) to $80,041.50 per year for each year of the fourth option period. Lessee proposes the option for two additional five (5) year extension periods, for a total of six (6) options, or thirty (30) years (“Extension Period”). If Lessee exercises the option to extend the Term of this Lease for the fifth additional five (5) year period, the Minimum Rent shall Increase five percent (5%) to $84,043.58 per year for each year of the fifth option period. If Lessee exercises the option to extend the Term of this Lease for the sixth additional five (5) year period, the Minimum Rent shall Increase five percent (5%) to $88,245.75 per year for each year of the sixth option period. (b) Percentage Rent. In addition to the Minimum Rent, during each Lease Year, commencing on the Effective Date, Tenant shall pay to Landlord as additional Rent the percentage of the increase over the base annual Operating Gross Revenue of $576,991.00 ("Percentage Rent"), with the percentage of three percent (3%) for the first year, three percent (3%) for the second year, four percent (4%) for the third year, five percent (5%) for the fourth year and six percent (6%) for the fifth year of the Initial five year Lease period. Because Lessee has exercised its option to extend the Term of this Lease for the second (2nd) additional five (5) year period, the Percentage Rent shall be six percent (6%) of the Increase over the base annual Operating Gross Revenue of $576,991.00. If the tenant exercises the option to extend the Term of this Lease for the third and/or fourth additional five (5) year periods, the Percentage Rent shall be six (6%) of the increase over the base annualOperation Gross Revenue of $576,991.00. If ratified, and if Lessee exercises the option to extend the Term of this Lease for the fifth and/or sixth additional five (5) year periods, the Percentage Rent shall be six percent (6%) of the Increase over the base annual Operating Gross Revenue of $576,991.00."

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

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

Lessee represents and warrants to Lessor that, as of the date of this Amendment No. 2, Lessor is not in default of any material term of the Ground Lease 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 Ground Lease.

Lessor represents and warrants to Lessee that, as of the date of this Amendment No. 2, Lessee is not in default of any material term of the Ground Lease 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 Ground Lease.

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 entering into this Amendment No. 2 does not violate any provision of any other Ground Lease to which said party is bound.
[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.

LESSOR:

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
June Overholt
Administrative Services Director
ATTEST:
______________________________________
Kathleen R. Sessman
City Clerk/Communications Director
LESSEE:

PW Golf Management, LLC
By: __________________________________
Name: Paul Wellenstein
Title: President
[email protected]
By: __________________________________
Name: NA
Title: NA
Address: P.O. Box 596
Albany, MN 56307
[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, 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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AMENDMENT NO. 3

TO GROUND LEASE FOR THE GLEN OAKS GOLF COURSE & DRIVING RANGE

THIS AMENDMENT TO THE GROUND LEASE FOR THE GLEN OAKS GOLF COURSE & DRIVING RANGE (“Amendment No. 3”) is made by and between the CITY OF GLENDORA, a California municipal corporation (“City” / “Lessor”) and PW GOLF MANAGEMENT, LLC, a Minnesota limited liability company (“Lessee”) effective as of the _____ day of __________, 2024.

RECITALS
A. City and Lessee entered into that certain Agreement for “GROUND LEASE FOR THE GLEN OAKS GOLF COURSE & DRIVING RANGE,” dated July 1, 2009 (the “Ground Lease” / “Lease”), whereby Lessee entered into a ground lease with Lessor to operate and maintain the Glen Oaks Golf Course & Driving Range (the “Premises”).

B. The parties entered into “Amendment No. 1” to the Ground Lease on May 28, 2019, to extend the term and the lease payments
C. The parties entered into “Amendment No. 2” to the Ground Lease on September 14, 2021, to extend the term and the lease payments.

D. City and Lessee now desire to amend the Ground Lease so as to extend the term and lease payments due thereunder.

TERMS

1. Contract Changes. The Ground Lease is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. “Section 2. Term
a. Lessor hereby grants to Lessee six (6) nine (9) options to renew the Lease for a period of five (5) years per option for a total of an additional thirty (30)forty-five (45) years ("Extension Period"). Lessee is hereby exercising its third renewal option to extend the Term commencing on July 1, 2024. currently on year two (2) of the second additional five (5) year term.

Lessee's privilege to exercise these options is expressly conditioned upon Lessee not having previously defaulted on the terms of the Lease, not being in default at the time the option is exercised, and not being in default between the time the option is exercised and the start of the new lease term. As used in this Lease the terms "Landlord" and "Tenant" shall be deemed to have been replaced are, sometimes used interchangeably with the terms "Lessor" and "Lessee," respectively.”
“Section 3. Minimum Rent and Percentage
a. Minimum Rent. Tenant shall pay to Landlord annual minimum rent (the "Minimum Rent") in the amount of $60,000.00 per year payable in equal monthly installments DocuSign Envelope ID: 32371DF5-2B5A-460A-858D-C9AB48516A83 Item #7. Page 128
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in the sum $5,000.00 commencing on the Effective Date of the Lease. If Tenant exercises the option to extend the term of this Lease for the first additional five (5) year period, the Minimum Rent shall increase ten percent (10%) to $66,000.00 per year for each year of the first option period. Because Lessee has exercised its option to extend the Term of this Lease for the second (2nd) additional five (5) year period, the minimum rent shall increase ten percent (10%) to $72,600.00 per year for each year of the second option period. If Tenant exercises Tenant has exercised the option to extend the Term of this Lease for the third additional five (5) year period, the Minimum Rent shall increase five percent (5%) to $76,230.00 per year for each year of the third option period. If Tenant exercises the option to extend theTerm of this Lease for the fourth additional five (5) year period, the Minimum Rent shall increase five percent (5%) to $80,041.50 per year for each year of the fourth option period. Lessee proposes the option for two additional five (5) year extension periods, for a total of six (6) options, or thirty (30) years (“Extension Period”). If Lessee exercises the option to extend the Term of this Lease for the fifth additional five (5) year period, the Minimum Rent shall increase five percent (5%) to $84,043.58 per year for each year of the fifth option period. If Lessee exercises the option to extend the Term of this Lease for the sixth additional five (5) year period, the Minimum Rent shall increase five percent (5%) to $88,245.75 per year for each year of the sixth option period. Lessee shall have the option to extend the Term of this Lease for three additional five (5) year extension periods, for a total of nine (9) options, or forty-five (45) years (“Extension Period”). If Lessee exercises the option to extend the Term of this Lease for the seventh additional five (5) year period, the Minimum Rent shall increase five percent (5%) to $92,658.04 per year for each year of the seventh option period. If Lessee exercises the option to extend the Term of this Lease for the eighth additional five (5) year period, the Minimum Rent shall increase five percent (5%) to $97,290.94 per year for each year of the eighth option period. If Lessee exercises the option to extend the Term of this Lease for the ninth additional five (5) year period, the Minimum Rent shall increase five percent (5%) to $102,155.49 per year for each year of the ninth option period.
b. Percentage Rent. In addition to the Minimum Rent, during each Lease Year, commencing on the Effective Date, Tenant shall pay to Landlord as additional Rent the percentage of the increase over the base annual Operating Gross Revenue of $576,991.00 ("Percentage Rent"), with the percentage of three percent (3%) for the first year, three percent (3%) for the second year, four percent (4%) for the third year, five percent (5%) for the fourth year and six percent (6%) for the fifth year of the Initial five year Lease period. Because Lessee has exercised its option to extend the Term of this Lease for the second (2nd) third (3rd) additional five (5) year period, the Percentage Rent shall be six percent (6%) of the increase over the base annual Operating Gross Revenue of $576,991.00. If the tenant exercises the option to extend the Term of this Lease for the third, and/orfourth, fifth, sixth, seventh, eighth, or ninth additional five (5) year periods, the Percentage Rent shall be six (6%) of the increase over the base annual Operation Gross Revenue of $576,991.00. If ratified, and if Lessee exercises the option to extend the Term of this Lease for the fifth and/or sixth additional five (5) year periods, the Percentage Rent shall be six percent (6%) of the Increase over the base annual Operating Gross Revenue of $576,991.00." The Lessor and Lessee have agreed that the revenue generated from “The Putt Course” will be excluded from the Percentage Rent DocuSign Envelope ID: 32371DF5-2B5A-460A-858D-C9AB48516A83 Item #7. Page 129
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for 5 years commencing on the completion of such course.”

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.

6. Counterparts. This Amendment No. 3 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. This Amendment No. 3 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. 3 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. 3 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
CONTRACTOR:

PW Golf Management, LLC
Name: Paul Wellenstein
Title: President
Email Address: [email protected]
Name: Donna Wellenstein
Title: CFO
Email Address: [email protected]
Address: P.O. Box 596, Albany, MN, 56307
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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Item #7. Page 131
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Glen Oaks Golf Course
Recreation & Human Services Department
City Council
June 25, 2024
Kelsey Fay, Management Analyst CityOfGlendora.org
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BACKGROUND

TIMELINE
2009: Original Lease
2014: Side Letter of Understanding
2018: Conditional Use Permit
2019: Amendment No. 1
2021: Amendment No. 2
2024: Amendment No. 3
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• Updates to Clubhouse and patio area
• Shade Structures and dividers on the range
• Target greens
• Tee markers
• Top Tracer
• Enhanced driving range seating and amenities
• Addition of snack shack and patio on range
• Restroom updates
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• Addition of 18 hole enhanced mini golf course (named “The Putt Course”) • Addition of a larger, updated snack shack which will include ice cream options • Applying for an updated liquor license to include wine • Enhancing the boulevard with updated landscaping
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That the City Council:

1. Approve 3
rd renewal option, commencing on July 1, 2024 and ending on June 30, 2029; and

2. Approve Amendment No. 3 to the ground lease to add three (3) more extension options for a total of 45 years and to exclude the revenue generated from “The Putt Course” for five (5) years commencing completion.

3. Authorize the City Manager or his designee to execute the agreement with PW Golf Management, LLC, including minimal and/or non-substantive changes.

RECOMMENDATIONS Item #7. Page 144
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 25, 2024
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: DISCUSSION OF TEMPORARY SIGNS (CONTINUED FROM OCTOBER 10, 2023, CITY

COUNCIL MEETING)

RECOMMENDATION
That the City Council:

1. Continue discussion of Temporary Signs;

2. Review examples of Temporary Sign Standards on public and private property; and 3. Provide direction to City Staff, as necessary.

STRATEGIC FOCUS AREAS
 Goal 4: Enhance and Modernize the Organization (EMO)
 Goal 5: Improve and Maintain the City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
This report continues the discussion on temporary signs and assesses the feasibility of establishing temporary sign regulations, including political signs, within the City of Glendora. Temporary signs may play a crucial role in such activities as elections and advertising of real estate actions; however, their unregulated proliferation can lead to visual clutter, safety hazards, and disputes. Implementing temporary sign regulations in the public right-of-way is a complex endeavor, requiring a balance between safeguarding First Amendment rights and addressing practical concerns. This report continues the City Council conversation on this topic from October 2023 and, at City Council direction, provides additional information and examples of sign regulations on public and private property, key elements and limitations, and seeks from City Council direction for moving forward.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Chapter 19.24 (Sign Code) of the Glendora Municipal Code (GMC) addresses temporary signs.

Generally, the majority of the chapter was last updated in 1980 and 1983. Since then, there have been revisions to the laws applicable to the municipal regulation of signs.

Glendora’s Sign Code includes several Sections that address Temporary Signage:
 19.24.025 – Signs on Public Property
 19.24.100 – Temporary Real Estate Signs
 19.24.040 – Single-family Real Estate Signs
 19.24.050 – Multi-family lease real estate signs
 19.24.070(8) – Temporary Banners
Additional sign regulations can be found in the City’s Zoning Code, Chapter 21 of the GMC, and is associated with specific plan development areas and permanent signage. Attachment A to this report includes the Sign Code in its entirety.

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State and Federal Standards
The First Amendment to the U.S. Constitution prohibits the federal government from abridging an individual’s freedom of speech, among other rights. The Constitution’s Fourteenth Amendment extends this prohibition to states and local jurisdictions. As such, any government standards that restrict speech, which can include certain sign standards, may be subject to judicial review. Although there are limited federal or state standards regarding signage, the U.S. Supreme Court and other federal courts have established a broad body of case law around sign standards to ensure local, state, and federal agencies do not infringe on freedom of speech. These First Amendment rulings establish several key tenets, including:
 Commercial signage is offered less protection than non-commercial signage [Central Hudson v.

New York (1987)];
 Government agencies may not overly regulate temporary non-commercial signs on private property [City of Ladue v. Gilleo (1994)];
 Non-commercial sign standards must be content neutral [Reed v. Town of Gilbert (2015)]; and  Government agencies can provide different regulations for onsite vs. offsite signs [City of Austin vs.

Reagan National (2022)].

As described above, the courts have generally afforded more protection to non-commercial signage than commercial signage; although both are protected by the First Amendment. Non-commercial signage is generally speech that expresses a political, religious, or other opinion or value or speech that provides commentary or advocacy on topics of public debate or concern. Examples of such signs include “Vote for John Adams” or “End World Hunger.” Commercial signage is generally speech sponsored by a commercial entity with prevailing messages that propose a commercial transaction or market a commercial product. Examples of such signs include “Grand Opening” or “Now Hiring.” As such, government sign standards need to consider these two distinct sign types.

Further, the U.S. Supreme Court has ruled that government agencies must treat all non-commercial signage equally, so as not to privilege one type of non-commercial speech over another. For example, local jurisdictions cannot establish different standards for campaign signs than opinion signs or event signs. Therefore, government sign standards need to ensure content neutrality.

Generally, non-commercial sign standards that are content neutral are more likely to withstand judicial review. However, the courts still require that the government demonstrate the sign regulations advance a substantial government interest that warrants limited abridgement of speech. Often, the courts have ruled that traffic safety and community aesthetics are substantial government interests that warrant local sign standards. Therefore, local agencies should tailor their sign standards to further a government interest, like traffic safety or community aesthetics, but not establish standards that go beyond such interests.

The State of California has not established additional requirements for local sign standards on public property beyond those described by the U.S. Constitution or federal First Amendment jurisprudence.

However, California does require local jurisdictions to allow for real estate signs on private property, with property owner consent, as specified in CA Civil Code Section 713.

At the October 10, 2023, City Council meeting, a staff report was presented on Temporary Signs that analyzed the key factors to consider when evaluating the feasibility of such regulations and provided an analysis of right-of-way signage regulations, examined their purpose, key elements, potential benefits/challenges, and presented options for moving forward. Following discussion, the City Council directed staff to research and provide examples from surrounding cities of standards associated with temporary signage on private property to be brought back at a future meeting. To view the October 10, 2023, City Council staff report, reference Attachment B.

DISCUSSION
Temporary signage can play a significant role in advertising, may serve as a means for individuals and groups to express their political views, or promote candidates during elections. However, the regulation of Item #8. Page 2
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Staff Report Page 3 of 7
such signage is necessary to maintain order, ensure public safety, preserve aesthetic appeal, and ensure fair access to public spaces. The intent of this report is to provide additional information and examples of sign standards, highlight key elements and limitations, review existing standards and practices, and seek direction from the Council for moving forward.

Temporary Signs on Public Property
Currently, the City has limited rules surrounding signage; most of the City’s existing rules around temporary signage can be categorized as commercial in nature (e.g. real estate, businesses, etc.) and impact both public and private property. Section 19.24.025 – Signs on Public Property, of the GMC, addresses general signage on public property, including the right-of-way.

The following table outlines Section 19.24.025 and provides examples of regulation of temporary signs on public property, including the right-of-way.

City Code Key Points
Glendora Glendora

19.24.025
Signs permitted on public property.

Site location signs, provided such signs are posted in accordance with the following standards:
□ The content of such signs shall be limited to the name of the organization and directions to the property site; □ No sign shall be larger than three square feet;
□ No more than two signs shall be posted within the city limits for any property site; □ No sign shall be posted farther than one thousand feet from the boundary of the property site; □ The signs shall be posted only on street light standards or street signposts and no higher than eight feet above the ground.

Claremont Claremont

18.015.030 (F)
ROW
Temporary Political Signs:
□ May not be placed on public property, such as utility or traffic signal poles, public parks, or within public rights-of-way, such as parkways and medians.

Rancho Palos
Verdes
RPV 17.75.110
Signs ROW
Signs in or on any public property are prohibited, except for temporary signs as follows:
□ Only A-frame signs are permitted;
□ Signs may be placed in parkways within the right-of-way only, which shall not include street medians. In the absence of parkways, signs may be placed on unimproved public property within the right-of-way, provided the signs do not obstruct passage of pedestrians or vehicles, and do not interfere with traffic visibility, and are a minimum of two feet from vehicular travel lanes. Signs placed on public property in violation of this subsection are subject to immediate removal;
□ Signs shall be no taller than 36 inches from grade;
□ Individual sign faces shall not be larger than five square feet; □ No flags, balloons, pennants or any other attachments are permitted; □ Signs must not block ingress or egress to any driveway or doorway and must not be placed so as to block or impair motorists' view;
□ Signs may be placed between 11:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends and holidays. All signs shall be removed by 6:00 p.m. each day; and □ No signs that advertise the availability of any products, goods, or services may be placed in the public rightof-way without execution of a release of liability and indemnity agreement with the city, and proof of adequate insurance. This requirement shall be renewed annually.

Lompoc Lompoc

17.316.040
Prohibited
Location Restrictions. Signs may not be placed in the following locations except where specifically authorized:
□ Signs placed in City right-of-way, except for governmental signs and signs specifically allowed by this Chapter (e.g., bus bench sign, portable signs in the OTC Zone, etc.); □ Signs tacked, painted, cut, pasted, or otherwise affixed to trees, light and utility poles, posts, fences, ladders, or similar supports that are visible from the public right-of-way; □ No person engaging in the business of automobile repair or selling, renting, or parking vehicles shall park or stand any such vehicle on any street or City public parking lot for display, advertising or storage purposes; □ Signs constructed or placed in such a manner as to prevent or interfere with free ingress to or egress from any door, window, or any exit way required by the California Building Code or Fire Department standards; □ Signs that obstruct the view of any authorized traffic sign, signal, or other traffic control device; and □ Signs constructed or placed in such a way as to be confused with any authorized traffic signal or device.

Prohibited Signs. The following signs are prohibited except where specifically authorized:
□ Abandoned signs;
□ Illegal signs;
□ Inflatable or tethered signs or devices, including air-activated graphics; □ Pole signs;
□ Feather signs;
□ Roof signs;
□ People signs; and
□ Off-premises signs, except those permitted by an approved Sign Program pursuant to Section 17.540.020.B.

Display Restrictions. Signs with the following display features are prohibited:
□ Lighting devices with intermittent, flashing, blinking, or varying intensity of light or color, including animation or motion picture, or any lighting effects creating the illusion of motion, as well as laser or hologram lights; □ Sound, odor, or smoke; and
□ Rotating or moving sign body or any other portions of the sign whether mechanically or by other means.

Westlake
Village
WV 9.18.090
Exempt
□ Temporary signs may not be constructed, erect, attach, place, paint, or otherwise placed on Public Property OR within the Public Right-of-Way
Item #8. Page 3
Meeting Date: 6/25/2024 / Packet Page #: 270
Staff Report Page 4 of 7
Temporary
Signs
□ Impound. Any sign erected upon public property in violation of this Section may be removed by the Director or any authorized representative thereof.”
Caltrans □ Not allowed within the right-of-way or any highway, or within 660 ft of the edge of and visible from the rightof-way of a classified landscaped Fwy Temporary Signs on Residential/Private Properties
Temporary signage in private areas is allowed for specific purposes including real estate (e.g., for sale/lease) and business (e.g. grand openings). Three sections of the GMC, Section 19.24.040 – Singlefamily residential zones, 19.24.050 – Multiple-family residential zones, and 19.24.100 – Special Signs addresses matters if temporary signage on private property. The following table outlines these three (3) sections and provides examples of other cities’ regulation of temporary signs on private property.

City Sign Type Maximum
Number
Maximum
Sign Area
Maximum
Sign
Structure
Height
Illumination Minimum
Setback
Other Requirements Code Sections
Glendora Detached
Sign
1 6 sq. ft. 5 ft. Not permitted Min 5 ft. within
property line
Glendora 19.24.040
Single-Family
Residential Zones
Detached
Directional
Real Estate
Signs
2 No more than
32 sq. ft.

No more
than 12 ft.

Not permitted - Min 10 ft.
from any
property line
- Min 15 ft.
from any
residence not
in the tract
- Sign Contains: Identifying a
tract of real property in the city
which has been divided into five
or more lots, parcels or units
which are to be offered for rent,
sale or lease
- Located within the confines of
the subdivision or tract of real
property to which it refers
- Fees set by 5.08.060
- Permitted for a period of not
more than one year. (Extensions
may be requested)
1980
Temporary
Model Home
Signs
2 No more than
6 sq. ft.

Not permitted Min 5 ft. within
property line
- May be located on the same lot
as a model home, so long as
said home is used to promote
the original sale of houses in the
tract in which said model home
is located.

Glendora Temporary
Sign
1 No more than
10 sq. ft.
- Not permitted - - Attached to the front of the
building,
- Pertaining only to the sale,
lease or rental of only the
particular building, property or
premises upon which displayed;
Glendora 19.24.050
Multiple-Family
Residential Zones
1980
Detached
Signs
1 double- faced;
or
2 single-faced
detached signs
No more than
50 sq. ft
per face
No more
than 6 ft.

Not permitted - - Pertaining only to the sale of
five or more new dwelling units
on the premises upon which
displayed.
- Permitted for a period not to
exceed 6 months after final
building inspection
Glendora Temporary 1 double-faced;
or
2 single-faced
No more than
75 sq. ft.
per face
No more
than 10 ft
- - In all commercial and industrial
zones,
- Allowed for a period not to
exceed 6-months prior to
construction and removal within
7-days after final building
inspection.

Glendora 19.24.100
Special Signs
1986
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Staff Report Page 5 of 7
Temporary
Real Estate /
Development
Signs
No more than
60 sq. ft
- - - All Zones
- Located on the premises.
- Requires site plan approval
and a building permit (no more
than 6-months or until property
is sold/leased)
- Deposit required
City Sign Type Maximum
Number
Maximum
Sign Area
Maximum
Sign
Structure
Height
Illumination Minimum
Setback
Other Requirements Code Sections
Directional
Off-Premises
Real Estate
Signs
4 No more
than
12 sq. ft
- Not permitted Min 5 ft. inside
property line
- Located on private property
with written consent of property
owner.
- Permit required (no more than
6-months or until property is
sold/leased)
- Deposit required
Glendora 19.24.100
Special Signs
(Continued)
Rancho
Palos
Verdes
Yard signs
(temporary)
3 5 sq. ft.
per sign
- Inverted:
6 ft. from
lowest
grade
- Other:
3 ft. from
lowest
grade
Not permitted Min 2 ft. from
vehicular rightof-way
- Maximum 90 days each
calendar year
- No permit required
- No encroachment or overhang
onto public property
RPV 17.75.080
General
RPV 17.75.100
Residential Properties
2021
Claremont Temporary
Political
Signs
No restriction No more
than
4 sq. ft.
(encouraged)
Max:
16 sq. ft.

No more
than 4 sq. ft.
(encouraged)
Max.:
6 ft., if
freestanding
Not permitted - - Exempt from sign permit
requirements
- Political signs may not be
placed on public property or
within public rights-of way
- No signs shall be located
within, over, or across a public
right-of-way unless specifically
permitted in this title
Claremont 18.005
General
Claremont/18.015.010
Claremont/18.015.020
Claremont/18.015.030
2014
Lompoc Yard Signs 10 per business
frontage / vacant
lot
No more
than
32 sq. ft.
- lot < 1
acre: 6 ft.
- lots ≥ 1
acre: 8 ft.

Not permitted Min 1 ft. from
property lines
- Signs not allowed on public
property or within the public
right-of-way
- Permit not required
- Installed securely in the ground
Lompoc 17.316.070
2021
Westlake
Village
Exempt
Temporary
Signs
1 sign per lot and
per office or
measure to be
submitted to the
voters at the
election
No more
than
- 6 sq. ft.
per face
- if displayed
in window
6 sq. ft per
window
No more
than 5 ft
- - - During the period from thirtyfive (35) days before the ballot submission deadline to two (2)
days after such deadline
- No person shall display a
temporary sign on private
property, without the consent of
the property owner
- No person shall remove or
disturb a temporary sign on
private property, without the
permission of the sign owner or
the property owner. This
prohibition does not apply to the
removal, by a property owner
when such sign was erected on
the property owner's lot without
permission.

WV9.18.100A
2023
Item #8. Page 5
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Staff Report Page 6 of 7
Caltrans - Placed no sooner than 90 days
prior to the scheduled election
and removed within 10 days
after that election.
- No larger than 32 sq. ft.
- Statement of Responsibility
must be filed
- Not allowed within the right-ofway or any highway, or within 660 ft of the edge of and visible
from the right-of-way of a
classified landscaped Freeway.

Key Elements of Temporary Sign Regulations
Temporary sign regulations are required to be content neutral and treat all temporary non-commercial signs equally (e.g. size). As previously discussed, case law has generally made stand-alone political sign ordinances, now temporary signage is what cities refer to as signs that could be political in nature (e.g. campaign, election, etc.), real estate in nature (e.g. open houses, for sale, etc.), wayfinding/directional, event promotion, yard sales, and any other sorts of advertisement.

Sign Placement: The ordinance typically specifies designated areas where temporary signs are permitted, such as public parks, sidewalks, or private properties with permission. It may prohibit signs in certain locations, such as on public buildings or along roadways to ensure traffic safety.

Size and Dimensions: The ordinance often sets limitations on the size and dimensions of signs to prevent excessive visual dominance and ensure safety (e.g. traffic safety). Restrictions may include maximum height, width, and total sign area.

Time Restrictions: To prevent the accumulation of outdated or abandoned signs, the ordinance may impose time restrictions on the display of temporary signage. This may include specifying the duration before and after an event when signs are allowed, as well as penalties for non-compliance.

Content Regulations: The ordinance can establish very limited rules regarding the content of signs, such as prohibiting hate speech, likely obscenity, but little else. Case law has significantly limited content regulations, limiting sign ordinance regulation to “time, place, and manner” without regard to content.

Additional Guidelines and Regulations to Temporary Signs Additional practices previously utilized by the City relating to Temporary Signs, are outlined below:

TEMPORARY SIGNAGE POSTING GUIDELINES
□ Post temporary signs on private property with prior consent of the property owner. □ Post temporary signs in storefront windows with prior consent of the property owner (ensure compliance with maximum window coverage).
□ Place temporary signs on private property behind the sidewalk. If there is no sidewalk, place signs 10-12 feet from the edge of pavement.
□ Post temporary signs no earlier than 60 days prior to the event and remove temporary signs within 5 days of event (encouraged)
□ Do Not place temporary signs within any public right-of-way including but not limited to, public trees, telephone poles, traffic signs, utility or street light poles and other objects in the public right of way.
□ Do Not place temporary signs on City property, including but not limited to, trees, medians, sidewalks, parkways, parks, municipal facilities, drainage and/or utility easements. □ Do Not place temporary signs on school property.
□ Do Not place temporary signs that block the line of sight or pose a hazard.

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Staff Report Page 7 of 7

TEMPORARY SIGNAGE REMOVAL
□ Temporary Signs on private property can be removed by the property owner. □ Temporary Signs in, on or over public property or in the public right-of-way in violation of the Glendora sign code will be removed and to the extent possible, signs will be returned to the appropriate parties.
□ Do Not remove other parties’ temporary signs prior to the event taking place.

Options for City Council Consideration and Direction:

Discussion Points:

1. Does the City Council seek to expand on the types of signs that the City currently allows on public and private property? If so, what types of signs would the Council like the City to regulate?

2. Does the City Council seek to remove all ability to post temporary signs on public property, even the way finding signage (e.g. Glenkirk and Episcopal Church)

3. Does the City Council seek to establish rules for temporary signage on private property that are not already regulated? Specifically, size and duration of time.

Options moving forward:

Option 1: Direct staff to move forward with an amendment to Chapter 19.24 of the GMC that only addresses temporary signage in the public right-of-way.

Option 2: Direct staff to move forward with an amendment to Chapter 19.24 of the GMC that addresses temporary signage in the public right-of-way and on private property.

Option 3: Take no action.

FISCAL IMPACT
There is no fiscal impact based on the recommendations included in this staff report. Based on City Council direction, future costs may include staff time, outreach efforts, and legal review of proposed changes.

ENVIRONMENTAL DETERMINATION
The proposed ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Administrative Code, Section 15061 (b)(3) in that it is not a Project which has the potential for causing a significant effect on the environment.

Prepared By Kathleen R. Sessman, City Clerk/Communications Director Concurs With Not Applicable
Reviewed By Kathleen R. Sessman, City Clerk/Communications Director Jeff Kugel, Community Development Director
Michael Randazzo, Chief of Police
William Wittkoph, 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. GMC Chapter 19.24 Sign Code
B. October 10, 2023 City Council Staff Report – Temporary Signs C. PowerPoint
Item #8. Page 7
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Glendora, California Municipal Code
Title 19 BUILDINGS AND CONSTRUCTION

19.24.010 Definitions.

19.24.020 General provisions.

19.24.025 Signs permitted on public property.

19.24.030 Variance procedure.

19.24.040 Single-family residential zones.

19.24.050 Multiple-family residential zones.

19.24.060 C-1 zones.

19.24.070 Other commercial zones.

19.24.075 CCAP zone sign standards.

19.24.080 Limited industrial, R-4 and light manufacturing zones.

19.24.090 Special uses.

19.24.100 Special signs.

19.24.110 Maintenance of signs.

19.24.120 Billboards.

19.24.125 Mobile billboards.

19.24.130 Nonconforming signs.

19.24.140 Enforcement—Signs on private property.

19.24.150 Enforcement—Signs on public property.

19.24.160 Violation.

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For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
“Abandoned sign” means a sign related to a former business located on property which remains unoccupied for a period of one hundred twenty days or more, or any sign which was erected for an occupant or business unrelated to the present occupant or business, and any sign which pertains to a time, event or purpose which no longer exists.
“Aggregate sign area” means the total surface area of a sign within a continuous perimeter containing words, letters, figures, and symbols, together with any frame, material or color forming an integral part of the display.
“Attached sign” means a sign permanently affixed to a wall, parapet, fascia or mansard of a building in such a manner that its face is parallel to the wall, parapet, fascia or mansard. “Billboard” means a detached sign promoting an interest other than that of a business, individual or product available on the premises upon which such sign is located. “Building frontage” means the length of that side of a building which is most nearly parallel and closest to the adjacent street of highest classification as portrayed on the current master plan. If all adjacent streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage. “Detached sign or freestanding sign” means a sign standing upon the ground which is without any form of support other than its own structural members.
“Directional, auxiliary, public service sign” means an on-premises sign designed to guide traffic, i.e., “Exit,” “Entrance,” “One-way,” “Handicapped,” etc.
“Directional real estate sign” means a sign erected for the purpose of informing the viewer of the approximate route, direction or location of a given tract of real property in the city, including other promotional matter.
“Display surface” means the area made available by the sign structure for the purpose of displaying the identifying message.
“Double-faced sign” means a sign with two faces only, with each face oriented approximately one hundred eighty degrees from the other.
“Height” means the vertical distance between the highest point of the sign structure and the top of the street curb nearest the sign structure or, if there is no curb along the street frontage of the property where the sign is located, the paved portion of the street nearest the sign structure.

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“Identifying sign” means a sign that portrays through the use of words, letters, or symbols the type or name of any business conducted on the premises, or the name of the premises, or any products or service obtainable on the premises, or all of any combination of the foregoing. “Individual letters sign” means a sign affixed to the wall of a building and comprised of individual letters, symbols and figures. Such signs may be lighted or unlighted. “Interior sign” means any sign located on the inside of any fully enclosed building which may be seen from the outside of the building only through windows or the glass portion of doors. “Name plate” means a sign permanently attached to a building wall in such a manner that its face is parallel with, and does not project from, the surface of the wall more than two inches. “Portable sign” means any sign not permanently attached or affixed to any building or structure and which is capable of being moved.
“Public right-of-way” means all those areas which have been dedicated for the public use and accepted according to law, or which have been in common and undisputed use by the public for a period of not less than five years last preceding, including avenues, highways, lanes, alleys, crossings or intersections, parkways and sidewalks.
“Public service sign” means a sign which identifies community or civic events or projects or other special activities on a temporary basis.
“Shopping center” means a group of five or more commercial uses planned and designated to function as an integral unit of a single or contiguous parcels and which utilize common off-street parking and access. “Sign” means any device made of any materials, or of any character, for visual communication, capable of being viewed from public areas, for the purpose of identifying or promoting, by one or more messages, the interest of any person, business, group or enterprise, whether or not actually used for such purpose.

A sign shall constitute a structure within the provisions of Chapter 19.02 of this code. “Sign face” means the surface of the sign upon, against, or through which the message is displayed or illustrated.
“Sign structure” is any structure which supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole and may or may not be an integral part of the building. “Structure” is that which is built or constructed, including an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner. “Temporary sign” means a sign which is intended to be used for a limited period. “Wall sign” means a sign which is mounted flush and affixed securely to the wall of a building, projecting no more than three inches from the face of the wall, and not extending horizontally or vertically beyond the face of the wall.
“Window sign” is a sign painted, posted or affixed on a window or glass portion of a door or within a building for display through a window or glass portion of a door or other building opening.

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“Site location sign” means an off-premises sign designed to direct persons to property presently occupied by any nonprofit organization formed primarily or exclusively for any public, charitable, religious or fraternal purpose. (Ord. 1481 §§ 1, 2, 1986; Ord. 1415 § 1, 1983; Ord. 1342 § 3, 1980) (a) Except as expressly permitted by this chapter, or by the requirements of law or federal or state regulations, all signs are prohibited on private property. (b) Except as expressly permitted by this chapter, or by the requirements of law or federal or state regulations, all signs are prohibited on public property. (c) All signs and their supporting structures, except interior signs, shall be constructed of metal, wood or comparable weatherproof material, shall be so enclosed as to provide against their infestation by birds and vermin, shall be structurally safe, and shall be maintained in good condition, and in a manner so as not to constitute a hazard to public safety or to property. (d) Signs attached to a building shall not extend above the top of the wall, parapet, fascia or mansard to which they are attached. No sign structure or part thereof shall project from the wall or façade to which it is attached more than three inches.
(e) Signs painted directly on buildings pertaining to other than the identification of the building or business contained therein are prohibited.
(f) No sign, nor any part thereof, shall be constructed or maintained to flash, move, or in any way simulate motion, except those signs which thereby advise the viewing public of time, temperature, or both.
(g) No illumination permitted herein shall be distracting to traffic on public rights-of-way, interfere with illuminated traffic signals, or shine directly onto residential zones. Intensity shall be determined from specifications as covered in the current county sign code. (h) Abandoned signs are prohibited. Upon application and hearing by the planning commission any sign which would be presumed abandoned may be found by the planning commission not to have been abandoned where:
(1) All identification of the premises, the services or goods available thereon, and the name or names of any and all persons have been removed;
(2) The sign is in conformity with all other provisions of this chapter; and (3) There is a substantial probability that the sign will be utilized without substantial changes in, or additions to, the structure thereof by a business subsequently operating on the premises. (i) Portable signs are prohibited. (Ord. 1481 § 3, 1986; Ord. 1415 § 2, 1983; Ord. 1370 § 1, 1981; Ord. 1342 § 3, 1980)
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The following signs may be posted on public property:
(1) Site location signs, provided such signs are posted in accordance with the following standards:
(A) The content of such signs shall be limited to the name of the organization and directions to the property site;
(B) No sign shall be larger than three square feet;
(C) No more than two signs shall be posted within the city limits for any property site; (D) No sign shall be posted farther than one thousand feet from the boundary of the property site; (E) The signs shall be posted only on street light standards or street sign posts and no higher than eight feet above the ground. (Ord. 1415 § 3, 1983) The owner of any property upon which a proposed sign is to be located and to which the provisions of this chapter apply may file with the city clerk a petition in writing for a permit to have such property excepted from any of the provisions of this chapter. The sign variance permit petition shall be accompanied by a filing fee, as established by resolution of the city council, for the purpose of defraying costs incidental to the proceedings. The petition shall be sworn to before any person authorized to administer oaths under the laws of the state.
(1) Petition. Every petition shall fully state the facts upon which petitioner relies for such relief, and such other facts or information as the planning commission or city council may require. Such petition shall include a legal description of the property and a list of names and addresses of all owners of property located within a distance of three hundred feet from the outer boundaries of the property sought to be relieved of the provisions of this chapter, as shown by the last assessment roll of the county. In addition, the petition shall be accompanied by a map drawn to scale showing dimensions of the property, improvements located thereon and their specific location, and the location and dimensions of proposed improvements, if any. The specific location of the proposed sign shall be identified on such plan. In addition, each petition shall be accompanied by a sketch of the proposed sign and its supporting structure, if any, drawn to scale and identifying its dimensions. (2) Hearing Procedure. The petition shall be delivered to the planning director who, upon receipt, shall examine the petition for conformance with the requirements of this section, and in the event that such petition conforms with the requirements of this section, shall set a time and place for a public hearing thereon before the planning commission, which hearing shall be set within forty-five days from the date of filing said petition.

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At least ten days prior to the hearing, the planning director shall cause a notice of such hearing to be published once in a newspaper of general circulation published in the city and a notice thereof to be mailed to the owners of all property within a distance of three hundred feet from the exterior boundaries of the property sought to be relieved of the provisions of this chapter, as shown by the last assessment roll of the county. The planning commission shall make specific written findings as to whether the following facts have been established:
(A) That there are special circumstances or conditions applying to the proposed sign, land, buildings, or use of the land involved in such petition which do not apply generally to signs, land, buildings, or uses in the same zone;
(B) That relief from the provisions of this chapter is necessary for the enjoyment of substantial property rights; and
(C) That relief from the provisions of this chapter would not be detrimental to the public health, safety, morals, or welfare.

If the planning commission finds all of the above conditions to exist, it may, by resolution, grant petitioner relief from the provisions of this chapter. After the commission has acted, pursuant to this section, to approve or deny a permit for a sign variance, notice of such action shall be given forthwith by the secretary of the planning commission to the city clerk; provided, that in no event shall a failure to give such notice affect the validity of the action taken by the commission. The action of the planning commission in denying or approving said sign variance shall be final unless appealed to the city council.
(3) Appeal Procedure. The petitioner, or any other person living or owning land within three hundred feet of the land affected by a decision of the planning commission to deny or approve the sign variance, may appeal such decision. Any such appeal shall be taken by filing a letter of appeal with the city clerk within fifteen days of the planning commission decision. Said letter of appeal shall indicate wherein the planning commission erred, or such other grounds upon which the appeal is based, and shall be accompanied by a filing fee, as established by resolution of the city council.

Any two members of the city council, either jointly or separately, may appeal a decision of the planning commission to deny or approve a sign variance by notifying the city clerk, by any means, that such commission action is to be so appealed. There shall be no requirements for such an appeal by members of the city council other than notifying the city clerk of such an appeal within the fifteen day appeal period. (4) Action by City Council. Upon receipt of an appeal, the city council shall hold a public hearing thereon after giving ten days notice thereof in the manner provided for hearing of the sign variance petition by the planning commission and shall take action either to affirm or to reverse or to modify the decision of the planning commission. The action of the city council shall be final in all respects. Before the city council may take action, pursuant to this subsection, to grant a permit for a sign variance, the city council must find that the three facts set forth in subsection (2) of this section have been established.

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(5) Withdrawal of Petition. A sign variance petition may be withdrawn at any time before the hearing before the planning commission, and an appeal from the decision of the planning commission may be withdrawn at any time before the hearing before the city council by filing a request in writing with the city clerk. The request for withdrawal shall be signed by all persons who signed the original petition or who signed the request for the appeal. If such request is made prior to publication of the notice of the hearing or the occurrence of any expense and the person requesting withdrawal of the petition or appeal files a proper claim, the city shall refund the filing fee.
(6) Permit Conditions. The petitioner shall have six months from the date of the planning commission or city council approval of the sign variance to construct the sign proposed in the petition. If such sign is not constructed within said six month period, the authority granted hereunder shall be automatically withdrawn.

In the event the relief granted by the planning commission or city council to petitioner is conditional, the petitioner shall enter into an agreement with the city, which shall set forth the conditions upon which such relief has been granted and the petitioner shall agree that all such conditions shall be satisfied within the six-month construction period unless a shorter period is specified in the approval of the petition. (Ord. 1576 § 2, 1990; Ord. 1342 § 3, 1980)
The following signs are permitted in single-family residential zones:
(1) One unlighted detached sign located a minimum of five feet within the property line, not exceeding six square feet in area and five feet in height, pertaining only to the sale, lease or rental of the particular building, property or premises upon which displayed;
(2) A nameplate, not exceeding two square feet in area, containing the name, or the address, or both of the occupant of the premises;
(3) No more than two unlighted, detached directional real estate signs, identifying a tract of real property in the city which has been divided into five or more lots, parcels or units which are to be offered for rent, sale or lease, provided:
(A) That such signs shall not exceed thirty-two square feet in area and twelve feet in height, shall be set back a minimum of ten feet from any property line, and shall be a minimum of fifty feet from any residence not in the tract,
(B) That each sign shall be located within the confines of the subdivision or tract of real property to which it refers,
(C) That the fees set forth in Section 5.08.060 shall be applicable to such signs, and (D) That such signs shall be permitted for a period of not more than one year. Extensions may be granted by the planning commission upon written request received by the city clerk prior to the end of the one-year period;
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(4) No more than two unlighted signs, each not exceeding six square feet in area, may be located on the same lot as a model home, so long as said home is used to promote the original sale of houses in the tract in which said model home is located. (Ord. 1342 § 3, 1980) The following signs are permitted in multiple-family residential zones:
(1) One nameplate designated “Manager” or “Manager’s Office” per street frontage, not to exceed two square feet in area;
(2) One identifying sign attached to the front of the building, not to exceed five square feet per dwelling unit, up to a maximum of forty square feet in area;
(3) One temporary unlighted sign attached to the front of the building, not to exceed ten square feet in area, pertaining only to the sale, lease or rental of only the particular building, property or premises upon which displayed;
(4) One temporary unlighted double faced or two unlighted single-faced detached signs, not to exceed fifty square feet per face and six feet in height, pertaining only to the sale of five or more new dwelling units on the premises upon which displayed. Such signs may remain for a period not to exceed six months after final building inspection. (Ord. 1342 § 3, 1980) The following signs are permitted in C-1 zones:
(1) One wall sign or one individual letters sign attached to the front wall of the building, not to exceed an aggregate sign area of one square foot for every lineal foot of building frontage, or the same aggregate sign area encompassed within one detached sign of the same architectural style as all other signs on the building, not to exceed ten feet in height and placed within a maintained lawn or totally landscaped area of not less than twice the aggregate sign area of the detached sign; (2) One wall sign or one individual letters sign attached to the rear or side wall of the building when such a wall faces an open space, not to exceed an aggregate sign area of one square foot for every lineal foot of the wall on which the sign is attached, or, in the case of a side wall on a corner lot, the same aggregate sign area encompassed within one detached sign of the same architectural style as all other signs on the building, not to exceed ten feet in height and placed within a maintained lawn or totally landscaped area of not less than twice the aggregate sign area of the detached sign; (3) One directory nameplate at every building entrance, not to exceed two and one-half square feet in area for every six occupants or fraction thereof, containing the name, the address, or both of occupants of the building;
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(4) One temporary unlighted sign, attached to the main building, not to exceed twenty-four square feet in area, pertaining only to the sale, lease or rental of the particular building, property or premises upon which displayed, for a period not to exceed six months, or until such earlier time as the sale, lease or rental of said building is accomplished. (Ord. 1481 § 3, 1986; Ord. 1342 § 3, 1980) The following signs are permitted in commercial zones other than C-1:
(1) One wall sign or individual letters sign attached to the front wall of the building, not to exceed two square feet in aggregate sign area for every lineal foot of building frontage. No such sign need be less than forty square feet in aggregate sign area, regardless of the building frontage. (2) One wall sign or one individual letters sign attached to a side or rear wall of the building when such a wall faces an open space, not to exceed an aggregate sign area of two square feet for every lineal foot of the wall on which the sign is attached.
(3) Buildings located at the intersection of public streets may have one wall sign or one individual letters sign attached to the wall of each side of the building facing the public street. Such signs shall have an aggregate sign area not to exceed two square feet for every lineal foot of building frontage of the wall on which the sign is attached. No such sign need be less than forty square feet in area, regardless of the building frontage.
(4) If a window is used for permanent identifying signs, the sign area shall not exceed more than fifty percent of the window and the combination of all window signs shall not exceed the total sign area allowed by this section.
(5) One directory nameplate at every building entrance, not to exceed two and one-half square feet in area for each six occupants or fraction thereof, containing the name, the address, or both of occupants of the building.
(6) One temporary sign attached to the main building, not to exceed forty square feet, pertaining only to the sale, lease or rental of the particular building, property or premises upon which displayed, for a period not to exceed twelve months, or until such earlier time as the sale, lease or rental of said building is accomplished.
(7) Any number of temporary signs may be attached to the inner surface of windows, provided that not more than twenty-five percent of the window is obscured. (8) Banners. Banners erected for the purpose of announcing the opening of a new business, a special event, sale or seasonal activity (i.e., grand opening, holiday sale) may be permitted by the planning department based on the following:
(A) Application for a temporary banner shall be made on forms provided by the planning department.
(B) The amount of display days for temporary banner permits shall be limited as follows:

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(i) A permit to display a banner for up to ninety, but not less than thirty consecutive days, may be approved for any single business location. The cumulative total of banner display days pursuant to a single or multiple banner permits shall not exceed ninety days in a twelve-month period.
(ii) For new businesses, the cumulative total of banner display days pursuant to a single or multiple banner permits shall not exceed one hundred fifty days in a twelve-month period; a permit, however, will not be issued for less than thirty or more than ninety consecutive days; i.e., a permit to display a banner may be issued for thirty to ninety consecutive days for any single business location, at the termination of any ninety-day period, there must be a thirty-day break before an additional banner permit will be issued for the remaining sixty permissible days in a twelve-month period.

For the purposes of this section, a new business shall be defined as a business which is not yet opened, is under new ownership, or has relocated to a new location and will extend for a period of twelve months from the date the business first obtained a business license; or for new locations, twelve months from the date the business updated the finance department with a change in address. A business name change while under the same ownership, shall not qualify as a new business.
(C) No more than one banner at a time shall be permitted for any single business location. (D) Banners shall be attached to the face of the building where the business is located. Banners may not be installed on the roof and may not extend above the parapet line. (E) Banners shall be no larger than forty-five square feet. (F) Banners shall be made of non-reflective, non-metallic material. (G) Banners shall only be used to announce the opening of a new business, grand opening event, a seasonal activity, or a special sale.
(H) This section does not apply to banners hung inside a building. (9) Freestanding Signs.
(A) Shopping centers shall be permitted one or more freestanding signs per center which identify the shopping center under the following criteria:
(i) A shopping center occupying ten or more commercial acres:
a. With a single street frontage shall be allowed one sign not to exceed two hundred forty square feet in area and thirty feet in height,
b. With two street frontages shall be allowed two signs, one on each street frontage as indicated in subsection (a).
(ii) A shopping center occupying six or more but less than ten commercial acres:

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a. With a single street frontage shall be allowed one sign not to exceed two hundred square feet in area and twenty-five feet in height,
b. With two street frontages shall be allowed two signs, one on each street as indicated in subsection (a) above.
(iii) A shopping center occupying three or more but less than six commercial acres:
a. With single street frontage shall be allowed one sign not to exceed one hundred fifty square feet in area and twenty feet in height,
b. With two street frontages shall be allowed two signs, each of which shall be as indicated in subsection (a) above.
(iv) A shopping center occupying one or more but less than three commercial acres:
a. With a single or double street frontage shall be allowed a single sign not to exceed seventy-five square feet in area and fifteen feet in height. (v) A shopping center occupying more than one-half but less than one commercial acre:
a. With a single or double street frontage shall be allowed a single sign not to exceed sixty square feet in area and fifteen feet in height.
(vi) In lieu of identifying the shopping center, a freestanding sign may be used to identify one major tenant in centers of less than six acres in area or two tenants in centers of six or more acres in area. No other freestanding signs are allowed within a shopping center to identify occupants of the center.
(vii) In all cases, the square footage of the faces of each freestanding sign shall be deducted proportionately from each of the tenants for any other business identification signs allowed by this chapter on a one foot for one foot basis. Example: A double-faced freestanding sign of two hundred square feet per face or four hundred square feet total must reduce other allowable signs by four hundred square feet.
(viii) A permanently landscaped area equal to the total sign area shall be placed around the sign base and enclosed by a masonry or concrete curb of not less than eight inches in height. (ix) No architecturally untreated poles shall be allowed. Bases, poles and other components shall be architecturally treated in a way that is compatible with the architecture of the building(s).
(B) Service stations shall be permitted one freestanding double-faced sign identifying the business, provided that:
(i) The sign shall not exceed thirty-five square feet per face and fifteen feet in height. (ii) A permanently landscaped area equal to the total sign area shall be placed around the sign base and enclosed by a masonry or concrete curb of no less than eight inches in height.

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(iii) No architecturally untreated poles shall be allowed. Bases, poles and other components shall be architecturally treated in a way that is compatible with the architecture of the building(s).
(C) Non-shopping center, non-service station single commercial establishments having a minimum street frontage of two hundred feet shall be permitted one or more freestanding signs identifying the business, provided that:
(i) A business occupying ten or more commercial acres:
a. With a single street frontage shall be allowed one sign not to exceed two hundred forty square feet in area and thirty feet in height,
b. With two street frontages shall be allowed two signs, as indicated in subsection (a) above.
(ii) A business occupying six or more but less than ten commercial acres:
a. With a single street frontage shall be allowed one sign not to exceed two hundred square feet in area and twenty-five feet in height,
b. With two street frontages shall be allowed two signs, as indicated in subsection (a) above.
(iii) A business occupying three of more but less than six commercial acres:
a. With a single street frontage shall be allowed one sign not to exceed one hundred fifty square feet in area and twenty feet in height,
b. With two street frontages shall be allowed two signs, as indicated in subsection (a) above.
(iv) A business occupying one or more but less than three commercial acres:
a. With a single or double street frontage shall be allowed single sign not to exceed seventy-five square feet in area and fifteen feet in height. (v) A business occupying more than one-half but less than one commercial acre:
a. With a single or double street frontage shall be allowed a single sign not to exceed sixty square feet in area and fifteen feet in height.
(vi) In all cases, the square footage of the faces of each freestanding sign shall be deducted proportionately from the other business identification signs allowed by this chapter on a one foot for one foot basis. Example: A double-faced freestanding sign of two hundred square feet per face or four hundred square feet total must reduce other allowable signs by four hundred square feet.

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(vii) A permanently landscaped area equal to the total sign area shall be placed around the sign base and enclosed by a masonry or concrete curb of not less than eight inches in height. (viii) No architecturally untreated poles shall be allowed. Bases, poles and other components shall be architecturally treated in a way that is compatible with the architecture of the building(s).
(D) Non-shopping center, non-service station, single commercial establishments having a street frontage of less than two hundred feet shall be permitted one freestanding sign, provided that:
(i) The sign shall not exceed twenty-four square feet per face and ten feet in height. (ii) In all cases, the square footage of the faces of the freestanding sign shall be deducted proportionately from the other business identification signs allowed by this chapter on a one foot for one foot basis, but in no case shall other allowable signs be reduced more than fifty percent. Example: A double-faced freestanding sign of fifteen square feet per face or thirty square feet total must reduce other allowable signs by thirty square feet. (iii) A permanently landscaped area equal to the total sign area shall be placed around the sign base and enclosed by a masonry or concrete curb of no less than eight inches in height. (iv) No architecturally untreated poles shall be allowed. Bases, poles and other components shall be architecturally treated in a way that is compatible with the architecture of the building(s).
(v) The sign shall not be located within thirty-five feet of any other freestanding sign on the same side of the primary street from which the sign is viewed. (vi) Adjacent commercial establishments on the same property may select the option of sharing the use of one sign.
(E) Business(es) on property which is served by a driveway only to a public thoroughfare and has otherwise no frontage may be identified by a freestanding common directory, not to exceed one and one-half square feet per occupant, containing only the name, the address or both of the occupants, provided that:
(i) No architecturally untreated poles shall be allowed. Bases, poles and other components shall be architecturally treated in a way that is compatible with the architecture of the building(s).
(ii) The same color for sign background and sign graphics shall be used by all occupants, however, each occupant shall be allowed to select an individual graphic style and may include a symbol or logo.
(10) Any number of temporary signs related to the business, each not to exceed ten square feet in area, may be permitted for no longer than thirty days during special promotional events in connection with the outdoor display and sale of merchandise. All signs must be placed on the private property of the business(es) conducting the outdoor display and sale.

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(11) Gasoline service stations shall be permitted the following signs in lieu of any other permanent identification signs allowed by this section:
(A) Freestanding signs as provided for in subsection (9) of this section; (B) Two single-faced wall signs, the total sign area not to exceed fifty square feet; (C) Four double-faced signs, each sign face not to exceed between and one-half square feet in area, subject to the following restrictions:
(i) Such signs shall not be portable and shall be permanent in nature (freestanding, wall mounted),
(ii) Two such signs may identify prices and two such signs may identify state inspection services, credit cards honored, trading stamps or similar services available on the premises; (D) Two signs per pump island, each sign not to exceed three square feet in area, to identify selfservice, mini-service, or full-service areas; (E) One portable double-faced sign, not to exceed twelve square feet per face, to identify goods or services incidental to the service station use, such as oil, gas and lubrication. (12) Drive-through businesses, in addition to other signs permitted by this chapter, shall be permitted:
(A) Two menu or product/price identification signs per drive-in lane, each sign not to exceed nine square feet in area, provided that sign frames shall not be portable and shall be permanent in nature (freestanding, wall mounted);
(B) Unlimited product/price signs within the actual merchandise display/sales area, provided that sign frames and backing shall not be portable and shall be permanent in nature. (13) Glendora Auto Centre Signage. Permanent and temporary signage and displays for the Glendora Auto Centre shall comply with the architectural and landscape design standards as adopted by the city council. (Ord. 1972 § 2, 2013; Ord. 1957 § 2, 2012; Ord. 1892 § 1, 2008; Ord. 1481 § 3, 1986; Ord. 1342 § 3, 1980)
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(a) Purpose. These regulations are intended to balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification of businesses. The sign standards are based on the following goals:
(1) To enhance community character;
(2) To support local businesses by requiring high quality signage that encourages people to shop; (3) To provide visibility from vehicles;
(4) To provide visibility for pedestrians;
(5) To encourage high quality design, creativity and diversity that enhances the architectural design of the buildings and the surrounding community.
(b) Where These Regulations Apply. These regulations include specific provisions for the T-5, Village Core, and T-5A, Village Transition, CCAP subdistricts. The T-4, Village Edge, is a residential district and follows Section 19.24.050, Multiple-family residential zones, of this chapter. (c) General Sign Standards.
(1) Maximum allowable sign area shall be two square feet of sign area for every linear foot of store frontage. Frontage refers to the building or tenant unit with ground floor entrance(s) facing a street or parking lot area.

Example: Maximum allowable sign area for single tenant building (not to scale):

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Example: Maximum allowable sign area for multi-tenant building (not to scale):
(2) Sign Location. Signs shall be located over entries to businesses with frontage. If there is no entry along a frontage, only one wall sign is permitted. Projection signs shall be located adjacent to building/unit entries with frontage.

Sign location example:

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(3) For buildings with angled frontage, frontage shall be measured along the longest street frontage. Secondary frontage shall not include the same angled area. Maximum allowable sign area for each frontage shall be measured following the example. (4) A maximum of two permanent signs including one sign of each sign type, such as one wall sign and one projection sign or one awning sign and one window sign, following the standards of this chapter may be provided per given store/unit frontage that provides an entry to a business. This does not include store street address number and one small “open/closed” window sign located in a window in the vicinity of the shop entry. If a building or unit has a frontage without an entrance (usually a corner property), only one ground floor wall sign or permanent window sign is permitted.

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(5) Store address or unit number shall be located either over or adjacent to the main store entry or on the shop door and shall include the street and/or unit number only. Street address numbers shall not exceed five inches in height unless they are part of the store name, such as “138 Smart Girl’s Deli,” where “138” is the street number. Business hours in letters and numbers not to exceed two inches in height may be located on shop door.
(6) All sign area square footage, with the exception of store address, business hours and one small open/closed sign or building name sign, shall be deducted from the maximum allowable sign area total.
(7) Wall signs and permanent window signs shall not extend to the edges of the building or windows and shall not extend to more than eighty percent of the building frontage or window area for a single tenant building or eighty percent of the unit frontage or window area for a multi-tenant building.
(8) Signs (including any sign type whether temporary or permanent) shall not project above the roof line of a building or be located on a mansard or roof of a building. (9) Entrances that do not lead directly to a business, but provide customer access to hallways, stairways or corridors that lead to suites or units inside of a building, may have a wall sign over the entrance indicating the point of entry. The wall sign may state “ENTRY” and shall not exceed four square feet in area. A directory of businesses located inside the building, not exceeding three square feet in area, may be located adjacent to the building entrance. (10) Wall and permanent window signs are allowed for ground floor businesses only. Second story wall or permanent window signs or second story temporary signs are not permitted unless second story exterior public entrances are visible from the street or when a business located on an upper level occupies a minimum of fifty percent of the leasable floor space and at minimum one thousand five hundred square feet of such level. Signage for upper level businesses will be limited to one per qualifying business; where a business occupies one hundred percent of such level over one thousand five hundred square feet, the business will be allowed a second sign on a different elevation of the building.

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(11) Ground floor businesses which do not have frontage may share either a projection sign not to exceed eight square feet in area, or directory plate sign not to exceed four square feet in area. The projection or directory plate sign shall be located adjacent to the entry to the interior business. The projection sign or directory plate sign shall be deducted from the maximum allowable sign area calculation for the entire building frontage. For example, if a building has a frontage of one hundred feet divided into two frontage units and two interior units that are accessed from a hallway, the maximum allowable sign area for the building frontage is two hundred square feet. If the interior units each have projection signs of eight square feet, the remaining one hundred eighty-four square feet of sign area is available for the two units with frontage, based on the percentage of unit frontage relative to the total building frontage.

Shared Projection Sign Example for Interior Ground Floor Businesses (12) Permanent wall, window signs or projection signs may include the name of the business, business logo and brief explanation of services. For example: Elegant Home – Fine Antiques or Kathy’s Soap and Candle Shop. Lists of products or services, hours of operation, or telephone numbers are not permitted.
(13) Neon signs are prohibited with the exception of one small “open” sign not to exceed two square feet in area located inside a window in the vicinity of the shop entry. (14) Buildings with more than one tenant space shall provide a sign program for review and approval by the planning department or the reviewing body for the project as part of any zoning review process for the property.
(15) Temporary banners are permitted with approval of a temporary banner permit pursuant to Section 19.24.070(8) of this chapter.

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(d) Wall Signs.
(1) Maximum letter height for wall signs shall not exceed two feet. (2) Minimum letter height for wall signs shall not be less than six inches. (3) Maximum logo height for wall signs shall not exceed 2.5 feet. (4) Wall signs shall not project more than ten inches from the wall surface to which it is attached. (This does not apply to projection signs.)
(5) Wall signs including logos shall be centered over entryways or centered to the extent possible on the main building or unit frontage.
(e) Building Name Signs.
(1) Building name signs are permitted for historic landmark buildings as shown on the city’s latest list of landmark properties.
(2) Building name signs shall not count as one of the two maximum signs per business or tenant unit or be counted as part of the maximum allowable sign area calculation. (3) Building name signs may only include the name of the building, as in “The Raymond Building.” No other text or language is permitted for the building name sign. (4) The building name sign is limited to a non-illuminated incised, bas relief or other architecturally integrated individual letter sign. Externally attached building name signs are not allowed. Maximum height of letters shall not exceed two feet. Maximum width shall not exceed thirty percent of building frontage.
(5) Design approval for the building name sign is required from the planning department. (f) Awning/Canopy Signs.
(1) Awning signs may be painted onto cloth awnings or attached or integrated into metal or structural canopies. Awning signs shall be located on the valance unless otherwise approved by the planning department.
(2) The lowest portion of awnings or canopies shall be a minimum of nine feet above a sidewalk or walkway surface if the sign encroaches less than two-thirds of the width of a public right-of-way. (3) The lowest portion of awnings or canopies that encroach more than two-thirds of the width of a public right-of-way shall be a minimum of fifteen feet above the public right-of-way. (4) Design approval is required for all awnings, canopies and awning/canopy signs.

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(g) Permanent and Temporary Window Signs.
(1) Permanent window signs shall be professionally designed signs such as individual cut-out letters or stencils or etchings or hand painted calligraphy. Permanent window signs shall not cover more than twenty-five percent of any window area. The permanent window sign shall provide only the business name and services. No advertising or seasonal murals are permitted with the exception of a maximum of two posters or flyers at any one time. Such temporary posters or flyers must be included in the twenty-five percent maximum window area coverage calculation. Temporary posters are allowed to be displayed a maximum of thirty days at any one time. (2) Permanent window signs shall be counted toward the maximum number of signs per business identified in subsection (c) of this section.
(3) The area of the permanent window sign shall be deducted from the maximum allowable sign area calculation discussed in subsection (c) of this section. (4) Maximum letter height for permanent window signs shall not exceed twelve inches. (5) Maximum logo height for permanent window signs shall not exceed two feet. (h) Projection Signs.
(1) Projection signs shall not be lower than nine feet above the ground plane and shall not be higher than twelve feet above the ground plane but in no case shall projection signs be allowed to be located on building roofs.
(2) Projection signs shall not extend further than three feet from the wall to which the sign is attached.

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(i) Restaurant Menu Signs.
(1) Restaurant menu signs shall be attached permanently to the wall of the building and shall be designed to complement the building architecture.
(2) Restaurant menu signs shall not be counted toward the maximum number of signs allowed per unit but the area of the menu shall be deducted from the maximum allowable sign area per unit described in subsection (c) of this section.
(3) The maximum size for restaurant menu signs shall not exceed six square feet in area for the menu display case.
(j) Movable Signs.
(1) Movable signs not exceeding six square feet in area are permitted to be located outside of the public right-of-way on private property in designated subdistricts with approval of a design review by the planning department.
(2) Movable sign content shall be limited to the name of the business, hours of operation and seasonal sale information but not individual items for sale. (3) Movable signs shall not be counted toward the total number of allowable signs but shall be included in the maximum allowable sign area calculation. (4) Movable signs shall be professionally designed and constructed. (5) Movable signs shall not be left outside after a business closes operations for the day. (6) Only one movable sign is allowed per tenant space.
(k) Murals.

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(1) Murals are permitted in designated subdistricts with a two-step approval process by the historic preservation committee and planning commission. (2) Murals shall only be permitted on side walls of buildings. No murals shall be allowed on building frontage along Glendora Avenue.
(3) Murals shall not exceed eighty percent of the length or height of a wall and shall not extend to the edges of the wall or architectural features on the wall. Murals shall not be counted toward the number of allowable signs per business tenant or as part of the maximum allowable sign area. (4) Murals shall have a Glendora historic or community theme (e.g., hillside scene, notable buildings or locations) or express the city’s “Pride of the Foothills” motto. Murals shall not include any signage, language or imagery pertaining to a specific business, commercial product or service. (l) Approval Required.
(1) Except as provided in this chapter, no permanent sign may be constructed, installed, posted, displayed or modified without first obtaining design approval from the planning department approving the proposed sign’s size, design, location, and display as provided for in this chapter. (2) Any sign proposed to be attached to a wall, building façade, awning or other structural element shall obtain approved building permits and any other required approvals prior to installation. (3) Temporary banners shall obtain a permit for a temporary banner as provided in Section

19.24.070(8) of this chapter.
(m) Sign Types Allowed.

Sign Types Allowed (Shaded Areas) in Each Subdistrict
Sign Type
Subdistricts
T-4 T-5 T-5A
Wall Signs-Individual Channel Letter Internally Illuminated Wall Signs-Individual Channel Letter Externally Illuminated Wall Signs-Non-illuminated Channel Letter
Wall Signs-Painted
Awning Signs
Permanent Window Signs
Projection Signs
Restaurant Menu Signs
Building Name Signs
Movable Signs
Murals
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Historic Landmark Plaques
Temporary Real Estate Signs *** **
Directory Nameplate Signs *** **
* See Section 19.24.040 of this chapter for specific requirements. ** See Section 19.24.050 of this chapter for specific requirements. (n) Unpermitted Signs. The following types of signs are not permitted in the CCAP zone. (1) Monument signs and cabinet signs are not permitted. Cabinet signs are signs printed on translucent material, usually plastic which is mounted on a box that includes some form of lighting to illuminate the plastic sign from behind. The entire apparatus is mounted to a wall. (2) Pennants, streamers, spinners, festoons, windsocks or similar displays are not permitted with the exception of temporary banners which have received approval for a temporary banner permit as provided by Section 19.24.070(8) of this chapter.
(3) Painted window signs displaying non-permanent seasonal or temporary advertising are not permitted.
(4) Temporary flyers or posters attached to the walls of any building shall not be permitted. See subsection (c) of this section for regulations covering temporary signs attached to windows. (5) Signs with blinking or moving lights or moving parts shall not be permitted. (6) Signs in the public right-of-way with the exception of traffic safety signs are prohibited. (o) Nonconforming Signs. Signs that were legally permitted prior to the adoption of this code but do not conform to the current section may continue but may not be expanded or altered except as provided by this section.
(p) Sign Type Descriptions.

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This section provides descriptions of each sign type along with examples to further illustrate the sign types. The sign types described in this chapter are the only sign types allowed. However, the examples provided are not intended to limit creative design efforts but should be used as tools for design. Design guidelines in subsection (q) of this section provide additional information to assist the designer to create attractive, high quality signage that complements the community and provides high quality visibility for the business. Regulations for sign area, height and number of signs are found in subsection (c) of this section.
(1) Wall Signs.
(A) Individual Channel Letter Internally Illuminated Wall Signs. These are signs where the letters and graphics are individually constructed and illuminated electrically so that light either shines through the individual letters or creates a halo effect around the letters. They may be mounted on an external raceway, which houses the electrical apparatus for the sign, or mounted directly to the wall with electrical connections from the letters through the wall. If an external raceway is used, it must be either a decorative element of the sign itself or camouflaged or painted to match the color and/or material of the wall it is mounted onto.

Examples of individual channel letter internally illuminated wall signs:

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External painted raceway
No raceway
Halo effect
Decorative raceway
(B) Individual Channel Letter Externally Illuminated Wall Signs. These are wall signs with individually articulated letters but lighting is provided externally using decorative lights designed to shine onto the sign. Lighting can either be from above the sign shining down, from the sides or from the bottom shining up onto the sign. The lighting must be designed to avoid any glare onto pedestrians or windows of adjacent buildings or tenant spaces within the same building.

Examples of individual channel letter externally illuminated wall signs:

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(C) Non-Illuminated Channel Letter Wall Signs. Non-illuminated channel letter signs are simply individual letter signs attached to a wall and designed to have no electrical component, either internal or external. Building permits are required for non-illuminated channel letter signs.

Examples of non-illuminated channel letter signs:
(D) Painted Wall Signs. As the name implies, painted wall signs are signs painted directly on the wall of the building. Building permits are not required for painted wall signs but design approval by the planning department is required. All other standards apply to painted signs. A painted wall sign is not the same as a mural which has its own standards and limitations.

Painted signs may be externally illuminated. If externally illuminated, an electrical permit is required for the lighting.

Examples of painted wall signs:

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(2) Awning Signs. Awnings are shade structures that project out over doorways and windows as either decorative features or to provide some protection from the elements. There are two general awning types: cloth or soft awnings and hard metal or structural awnings. In the case of soft awnings, the signage is usually added to the valance of the awning but, depending on the awning style, might be painted directly onto the body of the awning. In the case of metal or structural awnings, signs may project up from the awning, be incorporated into the awning design itself or hang below the awning. Awnings that encroach into public rights-of-way require an encroachment permit from the city and must follow the minimum standards identified in subsection (f) of this section.

Examples of soft awning signs:

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Examples of hard metal and structural awning signs:

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(3) Permanent Window Signs. Permanent window signs are signs that are professionally designed and painted onto windows, normally in lieu of permanent wall signs due to lack of wall space. As the name implies, permanent window signs are intended to have the same permanency as a wall sign. Permanent window signs are not to be confused with painted seasonal and sale advertising window signage, which is not permitted in the CCAP zone. Permanent window signs must meet all sign criteria outlined in subsection (g) of this section.

Examples of permanent window signs:
(4) Projection Signs. The most common types of projection signs project out at a right angle from the wall of a building or hang from an awning structure at a level and scale that is easy for pedestrians to see.

Examples of projection signs:

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(5) Restaurant Menu Signs. Restaurant menu signs are cases that are attached to the exterior wall of the restaurant in an area where they can easily be reviewed by pedestrians on the sidewalk or in the foyer of the restaurant. The menu is enclosed inside the case and is changed as needed by the restaurant operator. The menu display case should complement the building architecture.

Examples of restaurant menu signs:
(6) Building Name Signs. Building names are normally given to historically or architecturally significant buildings. They may or may not relate to the actual businesses located in the building.

Examples of building name signs:

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(7) Movable Signs. Movable signs are signs that give specific information such as hours of operation or sale or service information to the public. They must be located outside of the public right-of-way on private property.

Examples of movable signs:
(8) Murals. Murals are artistic enhancements to the ambiance of the village area and should be executed in a professional manner. Materials should be durable and be able to withstand age, vandalism, and weatherizing.

Examples of murals:

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(q) Sign Design Guidelines. Signs can either create a sense of high quality and character or, if poorly designed, can detract from the quality and character of a place. Taken together with other architectural features, signs play an important role in how people perceive the village image. The CCAP sign design guidelines are meant to provide additional direction to assist the applicant and city staff in finding the best sign solutions for a particular location or business.
(1) Location. Signs should be located where their message is visible to street traffic and/or pedestrian traffic. The sign should be centered over a building entrance or building façade to help guide people to the entrance. Signs should be located where architectural features suggest a location for signage. Signage should not be located on top of architectural features like cornices or building decoration.
(2) Scale, Balance and Harmony. The sign should be designed to relate to the architectural features of the building. The sign should be in proportion to the building and should complement, not “overpower” the architecture. Consideration should be given to consistency with other signs so that signs do not compete with each other but create a harmonious view of the village as a whole. This does not mean that signs need to look exactly alike but rather that signs should be in scale with each other, should not be located immediately adjacent to each other and should not use clashing color schemes. Cluttered designs either as part of an individual sign design or when taken in view with other signs in the area should be avoided.
(3) Creative Design. Creativity is encouraged to develop beautiful sign designs that enhance the character of the village area as a unique, high quality place to visit, shop and live. Signs must be professionally manufactured of high quality materials that can withstand time and the elements. Sign materials should be consistent and in harmony with the architecture of the building. The goal should be for the sign to enhance the architectural character of the building. (4) Color. Sign colors will have an important impact on the perceived character of the village.

Therefore, signs should avoid clashing colors that create a noisy visually cluttered appearance to the village. Bright colors should be used sparingly as accents only, not for the whole sign. (Ord. 1993 § 2, 2014; Ord. 1958 § 6, 2012)
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The following signs are permitted in M-1, R-4 and M-1A zones:
(1) One identifying sign attached to the front of the building, not to exceed one square foot in area for every lineal foot of building frontage, up to a maximum of one hundred square feet in area; (2) One identifying sign attached to the rear or side wall of the building, when such wall faces an open area of thirty feet or more on a public right-of-way, not to exceed one square foot in area for every lineal foot of the wall on which the sign is attached, up to a maximum of fifty square feet in area; (3) One directory nameplate at every building entrance, not to exceed two and one-half square feet in area for each six occupants or fraction thereof, containing the name, the address or both of occupants of the building;
(4) One sign attached to the main building, not to exceed forty square feet in area, pertaining only to the sale, lease or rental of the particular building, property or premises upon which displayed. (Ord. 1342 § 3, 1980)
The following uses shall be permitted signs only as provided for in this section:
(1) An occupancy devoted wholly to theater purposes signs as provided by Section 19.24.070, except that:
(A) Temporary window signs are prohibited;
(B) One message board sign per viewing room, each not to exceed forty square feet in area; (C) Two coming attractions wall mounted enclosed signs per viewing room, each not to exceed twelve square feet in area;
(D) One identifying sign not to exceed one hundred twenty square feet. (2) Church and private school uses, two attached identifying signs or one detached identifying sign, no face of which shall exceed thirty-two square feet in area. (3) Cemeteries, two square feet of sign area for each lineal foot of cemetery frontage, subject to a maximum of three hundred sixty square feet of sign area for the combined cemetery frontages and a maximum area of one hundred twenty square feet per sign. No sign shall exceed eighteen feet in height.

Other uses authorized within a cemetery zone shall be permitted signage appropriate to those uses, and such signage shall be in addition to the total signage permitted for the cemetery use.

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(4) Medical service uses shall be permitted those signs permitted by Section 19.24.080. (Ord. 1342 § 3, 1980)
The following signs shall be permitted:
(1) In all commercial and industrial zones, for a period not to exceed six months prior to construction, one double-faced or two single-faced signs, not to exceed seventy-five square feet per face and ten feet in height, describing proposed future construction on the premises on which the sign(s) is located. Such signs may indicate the particulars of the proposed construction, the company, firm, individual, architect, engineer, contractor, and rental, sale or lease information, relative thereto. If construction commences within said six-month period, such signs will be allowed until seven days after final building inspection. A cash deposit per sign, as established by resolution of the city council, shall be made to the city to insure removal of the sign after expiration of such period.
(2) In all zones, temporary real estate development signs located on the premises identified by the signs, provided that the property is unimproved. No sign shall exceed sixty-four square feet in area. Each sign shall require site plan approval and a building permit. Such building permit shall be issued for not more than six months or until such time as the property is sold or leased, whichever occurs first. A cash deposit per sign as established by resolution of the city council, shall be made to the city to insure removal of the sign after expiration of the building permit. (3) In all zones, not more than four temporary, off-premises directional real estate signs identifying a tract of real property which has been divided into five or more lots, parcels or units which are offered for sale, lease or rental, provided that:
(A) A certificate of deposit or cash deposit per sign, as established by resolution of the city council, shall be made to the city to insure compliance with this chapter. (B) No sign shall be placed until the tract map is recorded and construction has commenced. (C) No sign shall exceed twelve square feet in area.
(D) No sign shall be illuminated in any residential zone. (E) Each sign shall be located a minimum of five feet inside the property line and shall be located only on private property with the written permission of the property owner. (F) The applicant shall provide a copy of the written permission and approved plot plan from the owner of the property on which the sign is to be located and from the owner of any residence with fifty feet of the proposed location of the sign.
(G) The permit shall be issued for a period not to exceed six months or until such earlier time as all of the units are sold, leased or rented. The applicant shall have the option of renewing the permit prior to the expiration of the six-month period. (Ord. 1481 § 1, 1986; Ord. 1342 § 3, 1980) Chapter 19.24 SIGN CODE https://library.qcode.us/lib/glendora_ca/pub/municipal_code/item/title_1... 35 of 39 10/4/2023, 12:27 PM
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All signs and sign structures, including supporting members and required landscaped areas, shall be continuously maintained so as to be structurally sound, free of chipped or peeled paint, rust or corrosion, torn or broken facing materials, missing or damaged parts, missing letters, malfunctioning lamps, weeds or dying plants, lack of plant material in required planters, damaged planters or broken or inoperative sprinkler systems. (Ord. 1398 § 1, 1982; Ord. 1342 § 3, 1980) All billboards are prohibited. (Ord. 1342 § 3, 1980)
The purpose of this section is to eliminate mobile billboard advertising within the city in order to promote the safe movement of vehicular traffic, to reduce air pollution, and to improve the aesthetic appearance of the city. It is unlawful for any person to conduct, or cause to be conducted, any mobile billboard advertising upon any street, or other public place within the city in which the public has the right of travel. (a) Mobile billboard advertising includes any vehicle, or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising. (b) Exemptions. This section shall not apply to:
(1) Any vehicle which displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisements;
(2) Buses; or
(3) Taxicabs.
(c) Every person who violates any provision of this chapter is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section 1.01.110(b). (Ord. 1928 § 1, 2009) (a) Any sign which is nonconforming by reason of adoption of this chapter or any amendment thereto or by annexation to the city of territory upon which the sign is located shall be abated, that is, removed or made to comply with the provisions of this chapter, within the following time periods:
(1) Attached signs having a construction cost of one hundred dollars or less, within ninety days; (2) Signs painted on buildings, walls or fences, within one hundred eighty days; Chapter 19.24 SIGN CODE https://library.qcode.us/lib/glendora_ca/pub/municipal_code/item/title_1... 36 of 39 10/4/2023, 12:27 PM
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(3) Abandoned signs, within thirty days;
(4) Billboards, within five years;
(5) All other signs, within one year.

The period within which nonconforming signs shall be abated shall commence to run upon the effective date of this chapter, or amendment thereto, or upon the effective date of the annexation, whichever is applicable.
(b) Notwithstanding the provisions of subsection (a) of this section, any sign that was in existence at the time of the enactment of this chapter and that was installed or erected pursuant to a valid permit granted by the city shall not be required to be abated. (c) Nothing in this section shall be construed to exempt nonconforming signs from the maintenance requirements of Section 19.24.110.
(d) Abatement of nonconforming signs shall be accomplished in the following manner:
(1) Signs painted on buildings, walls or fences by removal of the paint constituting the sign or by permanently painting over the sign in such a way that it will not thereafter be visible; (2) All other signs, including attached signs, by removal of the sign, including its structures and supports, or by alteration and modification in conformity with the provisions of this chapter. (e) Any property owner required to abate a nonconforming sign shall have the right to appeal such requirement to the planning commission as set forth by the procedures established in Section 19.24.030. (Ord. 1576 § 8, 1990; Ord. 1398 § 2, 1982; Ord. 1344 § 1, 1980; Ord. 1342 § 3, 1980) (a) Signs remaining on private property after the period provided for their amortization, signs erected or maintained on private property in violation of this chapter, abandoned signs on private property, and the maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings more than forty-five days after the building becomes vacant are declared a public nuisance and injurious to neighboring property and to the health and welfare of residents of the city. The nuisance shall be abated by removal of the sign, or part thereof, as provided in this chapter.
(b) The city shall give notice of the violation to such person(s) as are in real or apparent charge and control of the premises and to any known owners of the sign. Such notice of violation shall be served by personal service or by first class mail and shall be posted upon the sign or supporting structure or on the side of the building to which the sign is attached. The notice shall state the condition(s) causing the sign to be in violation of this chapter and shall state that the violation shall be corrected within a specified correction period. At the request of any persons having right, title or interest in the sign, the correction period may be extended by the director of planning or the director’s designee when in his or her opinion additional time is warranted to correct the condition.

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(c) Any person having any right, title or interest in a sign shall have the right to contest a notice of amortization or abandonment, by requesting a hearing before the planning commission. The request shall be made in writing to the city clerk within thirty days of the correction notice identified in subsection (b) being served. If no such request is received within the thirty-day period, that person shall have waived his or her right to contest the correction notice and shall be subject to enforcement pursuant to Section

19.24.160.
(d) The planning department shall set the request for a public hearing before the planning commission within thirty days of the city clerk’s receipt of a timely request for hearing as identified in subsection (c). At the time the planning department sets the matter for hearing, the city clerk shall serve, either personally or by first class mail, a copy of the notice of hearing upon the person(s) that filed the request for hearing.

Such notice shall state the street address and the legal description sufficient for identification of the premises upon which the sign is located, the conditions causing the sign to be in violation of the amortization period and the date, hour and place of the hearing. (e) All persons who desire to be heard may appear before the planning commission to show that the sign is or is not in violation of the amortization period or this chapter. The planning commission shall consider all competent evidence offered by any person at such hearing, shall make written findings of fact as to whether or not the sign is in violation, and shall make its order based thereon. (Ord. 1910 § 2, 2008) (a) Signs erected or maintained in, on or over public property in violation of this chapter are declared a public nuisance and injurious to the public health, safety and welfare. The nuisance shall be abated by removal of the sign, or part thereof, as provided in this section. (b) Any sign which creates an immediate danger to the public health, safety or welfare may be summarily impounded by the department of public works.
(c) Any sign may be impounded by the department of public works after notice is given of the violation to such persons as are in real or apparent charge and control of the sign. Such notice of removal may be given verbally or in writing. The notice shall state that the sign is located on public property in violation of the Glendora sign code, shall require that such violation be corrected within a designated time period, which period shall not be less than four hours from the time of receipt of the notice, and shall state that the sign shall be impounded if the violation is not corrected within the designated time period. When the notice of removal is given verbally that fact shall be documented in writing. (d) Any sign which has been summarily impounded or impounded after notice shall be stored in a convenient place. The department of public works shall give notice of the impoundment to such persons as are in real or apparent charge and control of the sign. Such notice of impoundment shall be served by personal service or by first-class mail, postage prepaid. The notice shall state the date the sign was impounded, the reasons therefor, where the sign is being stored, the procedure for claiming the sign, and the procedure for requesting a post-impoundment hearing before the planning commission.

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(e) Within thirty days after the notice of impoundment is personally served or mailed, or if a hearing is held before the planning commission, within thirty days after the decision of the commission is rendered, any person who provides sufficient proof of ownership of the impounded sign may, obtain the return of the sign upon paying an impound fee, as established by resolution of the city council, plus reasonable costs, if any, of impounding the sign in excess of the impound fee. (f) A planning commission hearing regarding the violation may be requested by any person who provides sufficient proof of ownership of the sign. The request shall be made in writing to the planning department within ten days after the notice of impoundment is served or mailed. The planning department shall forward a copy of the request to the department of public works for review and shall set matter for hearing before the planning commission within thirty days of the receipt of a timely request for hearing, unless within the thirty day time period, the department of public works determines that the impounded sign was not in violation of this chapter. In the event the planning commission hears the matter, it shall consider all competent evidence offered by any person at the hearing, shall make written findings of fact as to whether or not the sign was in violation of this chapter at the time it was impounded and shall make its decision based thereon within ten days after the close of the hearing. (g) The department of public works, upon review, or the planning commission, after a hearing, shall order the impounded sign returned without payment of any impound fee, including additional costs, and shall order the return of any impound fee, including additional costs, that has previously been paid, if the impounded sign was found not to have been in violation of this chapter. The impounded sign and any previously paid impound fee, including additional costs, shall be returned within one working day after the department of public works or the planning commission renders its decision. (h) Upon failure of any sign to be claimed within the time limitation set forth in subsection (e), the impounded sign shall be deemed to be unclaimed property in possession of the city. The sign may be sold or otherwise disposed of and the proceeds of such sale or other disposition shall be deposited in the city treasury. (Ord. 1370 § 3, 1981)
It is unlawful for any person to cause or permit any sign to be erected or maintained in violation of this chapter. (Ord. 1910 § 3, 2008; Ord. 1416 § 2, 1983)
City Clerk: 626-914-8210
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

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STAFF REPORT
TO: Mayor and Council Members DATE: October 10, 2023
FROM: City Manager DISTRICT(S): City-Wide
SUBJECT: Discuss Temporary Signs in the Public Right-of-Way

RECOMMENDATION
That the City Council:

1. Discuss temporary signs in the public right-of-way and the City’s current sign code (Chapter 19.24); and

2. Provide direction to City Staff, as necessary.

STRATEGIC FOCUS AREAS
• Goal 4: Enhance and Modernize the Organization (EMO)
• Goal 5: Improve and Maintain City’s Infrastructure and Facilities (IMCIF)

EXECUTIVE SUMMARY
This report aims to assess the feasibility of establishing temporary sign regulations, including political signs, within the right-of-way in the City of Glendora. Temporary signs in the public right-of-way may play a crucial role in the democratic process and advertising of real estate actions, but their unregulated proliferation can lead to visual clutter, safety hazards, and disputes. Implementing temporary sign regulations in the public right-of-way is a complex endeavor, requiring a balance between safeguarding First Amendment rights and addressing practical concerns. This report presents an analysis of the key factors to consider City when evaluating the feasibility of such regulations and requests City Council direction on next steps.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Chapter 19.24 (Sign Code) of the Glendora Municipal Code (GMC) addresses temporary signs. Generally, the majority of the chapter was last updated in 1980 and 1983. Since then, there have been revisions to the laws applicable to the municipal regulation of signs.

Glendora’s Sign Code includes several Sections that address Temporary Signage:
• 19.24.025 – Signs on Public Property
• 19.24.100 – Temporary Real Estate Signs
• 19.24.040 – Single-family Real Estate Signs
• 19.24.050 – Multi-family lease real estate signs
• 19.24.070(8) – Temporary Banners

Additional sign regulations can also be found in the City’s Zoning Code, Chapter 21 of the GMC, and is associated with specific plan development areas and permanent signage. Attachment A to this report includes the Sign Code in its entirety.

State and Federal Standards
The First Amendment to the U.S. Constitution prohibits the federal government from abridging an individual’s freedom of speech, among other rights. The Constitution’s Fourteenth Amendment extends this prohibition to states and local jurisdictions. As such, any government standards that restrict speech, which can include certain sign standards, may be subject to judicial review. Although there are limited federal or state Item #8. Page 47
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standards regarding signage, the U.S. Supreme Court and other federal courts have established a broad body of case law around sign standards to ensure local, state, and federal agencies do not infringe on freedom of speech. These First Amendment rulings establish several key tenets, including:
• Commercial signage is offered less protection than non-commercial signage [Central Hudson v. New York (1987)];
• Government agencies may not overly regulate temporary non-commercial signs on private property [City of Ladue v. Gilleo (1994)];
• Non-commercial sign standards must be content neutral [Reed v. Town of Gilbert (2015)]; and • Government agencies can provide different regulations for onsite vs. offsite signs [City of Austin vs.

Reagan National (2022)]
As described above, the courts have generally afforded more protection to non-commercial signage than commercial signage, although both are protected by the First Amendment. Non-commercial signage is generally speech that expresses a political, religious, or other opinion or value or speech that provides commentary or advocacy on topics of public debate or concern. Examples of such signs include “Vote for John Adams” or “End World Hunger.” Commercial signage is generally speech sponsored by a commercial entity with prevailing messages that propose a commercial transaction or market a commercial product.

Examples of such signs include “Grand Opening” or “Now Hiring.” As such, government sign standards need to consider these two distinct sign types.

Further, the U.S. Supreme Court has ruled that government agencies must treat all non-commercial signage equally, so as not to privilege one type of non-commercial speech over another. For example, local jurisdictions cannot establish different standards for campaign signs than opinion signs or event signs.

Therefore, government sign standards need to ensure content neutrality.

Generally, non-commercial sign standards that are content neutral are more likely to withstand judicial review. However, the courts still require that the government demonstrate the sign regulations advance a substantial government interest that warrants limited abridgement of speech. Often, the courts have ruled that traffic safety and community aesthetics are substantial government interests that warrant local sign standards. Therefore, local agencies should tailor their sign standards to further a government interest, like traffic safety or community aesthetics, but not establish standards that go beyond such interests.

The State of California has not established additional requirements for local sign standards on public property beyond those described by the U.S. Constitution or federal First Amendment jurisprudence.

However, California does require local jurisdictions to allow for real estate signs on private property, with property owner consent, as specified in CA Civil Code Section 713.

DISCUSSION
Temporary signage in the public right-of-way can play a significant role in advertising, may serve as a means for individuals and groups to express their political views, or promote candidates during elections.

However, the regulation of such signage is necessary to maintain order, ensure public safety, preserve aesthetic appeal, and ensure fair access to public spaces. This report provides an analysis of right-of-way signage regulations, examining their purpose, key elements, potential benefits/challenges, and options for moving forward.

Existing Standards
Most of the City’s existing rules around temporary (and permanent) signage can be categorized as commercial in nature (e.g., real estate, businesses, etc.). Only one section of the GMC, Section 19.24.025 – Signs on Public Property, deals with general signage on public property, including the right-of-way. Given its brevity, the entire section is stated below:

The following signs may be posted on public property:
(1) Site location signs, provided such signs are posted in accordance with the following standards:
(A) The content of such signs shall be limited to the name of the organization and directions to the property site;
Item #8. Page 48
Meeting Date: 6/25/2024 / Packet Page #: 315
(B) No sign shall be larger than three square feet;
(C) No more than two signs shall be posted within the city limits for any property site; (D) No sign shall be posted farther than one thousand feet from the boundary of the property site;
(E) The signs shall be posted only on street light standards or street signposts and no higher than eight feet above the ground. (Ord. 1415 § 3, 1983) As previously mentioned, other temporary signage in public/private areas are allowed for specific purposes, including real estate (e.g., for sale/lease) and businesses (e.g. grand openings).

If the City Council would like to expand, reduce, or modernize the City’s temporary signage rules and regulations, there are several areas to consider:
• Key Elements of Temporary Sign Regulation
• Benefits of a Temporary Sign Regulation
• Challenges and Considerations
Key Elements of Temporary Sign Regulation
Sign Placement: The ordinance typically specifies designated areas where temporary signs are permitted, such as public parks, sidewalks, or private properties with permission. It may prohibit signs in certain locations, such as on public buildings or along roadways to ensure traffic safety.

Size and Dimensions: The ordinance often sets limitations on the size and dimensions of signs to prevent excessive visual dominance. These restrictions may include maximum height, width, and total sign area.

Time Restrictions: To prevent the accumulation of outdated or abandoned signs, the ordinance may impose time restrictions on the display of political signage. This may include specifying the duration before and after an election when signs are allowed, as well as penalties for non-compliance.

Content Regulations: The ordinance can establish very limited rules regarding the content of signs, such as prohibiting hate speech, likely obscenity, but little else. The case law has significantly limited content regulations, limiting sign ordinance regulation to “time, place, and manner” without regard to content.

Benefits
Order and Aesthetics: By regulating the placement and size of temporary signs, the ordinance helps maintain a visually appealing environment by preventing excessive clutter and preserving the natural beauty of public spaces.

Safety and Accessibility: Restrictions on sign placement near roadways and public buildings help ensure public safety and accessibility. Clear guidelines can prevent distractions to drivers and maintain unobstructed access to important facilities.

Fairness and Equality: Public signage ordinances can promote fairness by providing equal opportunities for all individuals and groups to display their signs in designated areas. This prevents any single entity or person from dominating the public visual landscape.

Challenges and Considerations
Balancing Freedom of Expression: A key challenge in drafting and implementing public signage ordinances is striking a balance between protecting freedom of expression and regulating signs in the interest of the community. Care must be taken to ensure that any restrictions are reasonable, content-neutral, and do not unduly limit protected speech.

Enforcement and Compliance: Enforcing the ordinance and ensuring compliance can be challenging.

Adequate resources and clear procedures for monitoring and responding to violations are necessary to maintain effectiveness.

Item #8. Page 49
Meeting Date: 6/25/2024 / Packet Page #: 316
Constitutional Considerations: Public signage ordinances must be carefully crafted to avoid violating constitutional rights, such as the First Amendment in the United States. Legal review and consultation with experts are essential to ensure that the ordinance withstands constitutional scrutiny.

Options for City Council Consideration and Direction:

For City Council discussion, City staff has provided possible options for moving forward:

Option 1: Direct staff to move forward with an amendment to Chapter 19.24 that only addresses temporary signage in the public right-of-way.

Option 2: Direct staff to amend the current Strategic Plan and move forward with a comprehensive sign ordinance. A comprehensive sign ordinance update is a staff intensive project and would require an evaluation of the strategic plan and priorities. This means that current strategic plan elements would need to be reprioritized in consideration of staff workload and funding availability.

Option 3: Take no action.

FISCAL IMPACT
There is no fiscal impact to the City. Based on City Council direction, future costs may include staff time, outreach efforts and legal review of proposed changes.

ENVIRONMENTAL DETERMINATION
The proposed ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Administrative Code, Section 15061 (b)(3) in that it is not a Project which has the potential for causing a significant effect on the environment.

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

A. GMC Chapter 19.24 Sign Code
Item #8. Page 50
Meeting Date: 6/25/2024 / Packet Page #: 317
Temporary Sign Regulations
City Clerk Department
Regular Meeting
June 25, 2024
Kathleen R. Sessman, City Clerk/Communications Director CityOfGlendora.org Item #8. Page 51
Meeting Date: 6/25/2024 / Packet Page #: 318

OVERVIEW
→ Purpose
→ Sign Code
→ Public Property vs Private Property
→ Questions & Discussion Point
→ Next Steps
Item #8. Page 52
Meeting Date: 6/25/2024 / Packet Page #: 319

PURPOSE
→ Continue discussion on temporary signs
→ Assessing feasibility of establishing regulations
→ Seek City Council direction
Item #8. Page 53
Meeting Date: 6/25/2024 / Packet Page #: 320

SIGN CODE
→ Sign Code, Chapter 19.24 addresses temporary signs
→ Section 19.24.025 addresses Temporary Signs on Public Property, Including Right-of-Way
→ Sections 19.24.040, 19.24.050 and 19.24.100 address
Temporary Signs on Residential / Private Property
→ Zoning Code, Chapter 21 addresses specific plan
development areas and permanent signage
Item #8. Page 54
Meeting Date: 6/25/2024 / Packet Page #: 321
The Glendora Municipal Code
defines “Temporary Signs” as a
sign which is intended to be used
for a limited period. A sign which is intended
to be used for a limited
period.

TEMPORARY SIGNS
Examples
→ Real Estate Signs → A-Frame Signs
→ Event Signs → Yard Signs
→ Political Signs → Directional Signs
→ Posters / Banners → Window Signs
Characteristics
→ Short-term use
→ Versatile
→ Cost-Effective
→ Promotional or Informational
→ Easily installed, moved, and removed
Item #8. Page 55
Meeting Date: 6/25/2024 / Packet Page #: 322
6 Parkways &
Medians
Schools
Public Parks
Utility &
Traffic Poles
Public
Right-of-Way
Temporary Signs
Public Property, including
Public Right-of-Way
Item #8. Page 56
Meeting Date: 6/25/2024 / Packet Page #: 323
Public Property, including Public Right-of-Way

GENERAL LEGAL COMPLIANCE POINTS
The Glendora Municipal Code defines “Temporary Signs” as a sign which is intended to be used for a limited period. 7 → Blanket Prohibition Permitted → Permitting Requirements → Regulate based upon time, place & manner → Enforceability and Compliance → Content Neutral → Legal and Regulatory Compliance
→ Non-Discriminating → Zoning & Land Use Regulations
→ Safety and Traffic Concerns → Non-Commercial vs. Commercial Speech
Item #8. Page 57
Meeting Date: 6/25/2024 / Packet Page #: 324
9 Public Property, including Public Right-of-Way
Things the City
can Regulate
Blanket Prohibition Allowed
Number
Size, Height and Shape
Illumination
Location and Placement
Content
Type
Duration and Timing
Permitting and Approval
Item #8. Page 58
Meeting Date: 6/25/2024 / Packet Page #: 325

1. Should we expand on the types of signs that the City currently allows on public property ? If so, what
types ?

2. Should we remove all ability to post temporary signs on public property, even the way finding signage ?

PUBLIC PROPERTY, INCLUDING RIGHT-OF-WAY

DISCUSSION POINTS
Item #8. Page 59
Meeting Date: 6/25/2024 / Packet Page #: 326
11 1. Should we expand on the types of signs that the City currently allows on public property? If so, what types ? The
Glendora
Municipal
Code
defines
“Temporary
Signs” as a
sign which
is intended
to be used
for a limited
period.

Content
Neutral
NonDiscriminatin
g
Enforceabilit
y
Ensure
Safety
Legal
Compliance
Directional and
Wayfinding Signs Temporary Signs Permanent Business Signs Inflatable Signs Sidewalk Signs Seasonal Signs
Banners
Item #8. Page 60
Meeting Date: 6/25/2024 / Packet Page #: 327
12 2. Should we remove all ability to post temporary signs on public property, even wayfinding signage ?
The
Glendora
Municipal
Code
defines
“Temporary
Signs” as a
sign which
is intended
to be used
for a limited
period.

Content
Neutral
NonDiscriminatin
g
Enforceabilit
y
Ensure
Safety
Legal
Compliance
Item #8. Page 61
Meeting Date: 6/25/2024 / Packet Page #: 328
Temporary Signs
Residential and
Private Property
Single-Family
Residential
Multiple-Family
Residential
Business
Item #8. Page 62
Meeting Date: 6/25/2024 / Packet Page #: 329
Residential and Private Property

GENERAL LEGAL COMPLIANCE POINTS
The Glendora Municipal Code defines “Temporary Signs” as a sign which is intended to be used for a limited period. → Constitutional Considerations → Legal and Regulatory Compliance → Regulate based upon time, place & manner → Zoning & Land Use Regulations → Content Neutral → Enforceability and Compliance
→ Non-Discriminating → Cannot be subject to permitting Process → Applicable to all sign types
Item #8. Page 63
Meeting Date: 6/25/2024 / Packet Page #: 330
15 Residential and Private Property
Things the City
can regulate
Number
Type
Size and Height
Illumination and Lighting
Location and Placement
Duration and Timing
Item #8. Page 64
Meeting Date: 6/25/2024 / Packet Page #: 331

1. Should we expand on the types of signs that the City currently allows on residential or private property ?
If so, what types ?

2. Should we establish rules for temporary signage on
residential and private property that are not already
regulated?

RESIDENTIAL AND PRIVATE PROPERTY

KEY QUESTIONS AND DISCUSSION POINTS
Item #8. Page 65
Meeting Date: 6/25/2024 / Packet Page #: 332
17 1. Does the City Council seek to expand on the types of signs that the City currently allows on residential and private property
The
Glendora
Municipal
Code
defines
“Temporary
Signs” as a
sign which
is intended
to be used
for a limited
period.

Content
Neutral
NonDiscriminatin
g
Enforceabilit
y
Ensure
Safety
Legal
Compliance
Directional and
Wayfinding Signs
Informational and
Regulatory Signs Temporary Signs Permanent Business Signs Inflatable Signs Sidewalk Signs Construction Fence
Wraps Seasonal Signs
Banners Window Signs Monument Signs
Item #8. Page 66
Meeting Date: 6/25/2024 / Packet Page #: 333
18 2. Should the City establish rules for temporary signage on private property that are not already regulated?
If yes, what specifically do you
want regulated.

The
Glendora
Municipal
Code
defines
“Temporary
Signs” as a
sign which
is intended
to be used
for a limited
period.

Content
Neutral
NonDiscriminatin
g
Enforceabilit
y
Ensure
Safety
Legal
Compliance
Number
Size
Illumination Height
Location and
Placement
Duration and
Timing
Item #8. Page 67
Meeting Date: 6/25/2024 / Packet Page #: 334

NEXT STEPS
Option 1: Direct staff to addresses temporary signage in the public right-of-way.

Option 2: Direct staff to address temporary signage in on private property.

Option 3: Direct staff to addresses temporary signage in the public right-of-way and on private property.

Option 4: Take no action.

That the City Council:

Item #8. Page 68
Meeting Date: 6/25/2024 / Packet Page #: 335

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 25, 2024
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 5.40 AND CHAPTER 2.18 OF THE GLENDORA MUNICIPAL CODE AND CONSIDERATION OF

A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND GLENDORA

CHAMBER OF COMMERCE FOR THE MANAGEMENT AND OPERATION OF THE

GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT

RECOMMENDATION
That the City Council:

1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA ADDING SECTION 5.40.110 “DELEGATION OF ADMINISTRATION” TO CHAPTER 5.40 “GLENDORA VILLAGE BUSINESS DISTRICT,” AND AMENDING SECTION 2.18.050 “APPOINTMENT” OF CHAPTER 2.18 “CITY BOARDS AND COMMISSIONS” OF THE GLENDORA MUNICIPAL CODE;

2. Approve the Memorandum of Understanding (MOU) between the City and Glendora Chamber of Commerce;

3. Authorize the City Manager to execute the Memorandum of Understanding (MOU) including making minor non-substantive changes; and

4. Direct staff to work to implement the Memorandum of Understanding (MOU) effective July 1, 2024.

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

EXECUTIVE SUMMARY
The Glendora Village Business Improvement District (BID) was formed in 2009 pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) The purpose of the BID is to assist the City of Glendora (City) in the promotion of the physical and financial health of the Glendora Village as a means of providing tax revenues, and physical, economic, and social stability to the Glendora community.

Since the BID’s establishment, City staff has assisted the BID in executing its mission by providing general oversight and management of its operations. Pursuant to the 2023-2025 Strategic Plan, the City Council adopted several objectives related to the Village, including changes to the City’s support of BID administration. To better serve the BID, its membership, and mission, the proposed Memorandum of Understanding (MOU) assigns management of the BID to the Glendora Chamber of Commerce (Chamber). This report presents the terms of the MOU and requests a recommendation from the BID Advisory Board (Board) to the City Council.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Item #9. Page 1
Meeting Date: 6/25/2024 / Packet Page #: 336
Staff Report Page 2 of 5
In 2009, the City Council adopted an ordinance adding Chapter 5.40 to the Glendora Municipal Code (GMC) establishing the BID, as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.).

On April 11, 2024, the City Council adopted objectives and tasks in the 2023-2025 Strategic Plan including changes to BID administration.

At a special meeting held on June 13, 2024, the BID Advisory Board approved a report that recommends the City Council approve a Memorandum of Understanding (MOU) between the City and the Glendora Chamber of Commerce for the management and operation of the BID.

DISCUSSION
For 15 years, City staff has assisted in the management of the BID by providing administrative support, implementing the BID’s budget, coordinating and facilitating BID meetings, and coordinating annual events. Consistent with City Council direction – as outlined in the Strategic Plan – the proposed MOU assigns management of the BID to t he Glendora Chamber of Commerce. In order to facilitate this transfer, the Glendora Municipal Code (GMC) must be amended in two different locations.

First, Chapter 5.40 of the GMC will be amended to include section 5.40.110 “Delegation of Administration” in order to authorize the City to delegate the administration of the BID to a non-profit organization. The Chamber, a nonprofit 501(c)(6), has long been a partner in the City’s efforts to develop and promote all businesses in Glendora, making it an ideal managing entity for the BID. Chapter 2.18 of the GMC would also be amended to include Section 2.18.050(a) in order to clarify that the BID Advisory Board will recommend members for appointment with consent of the City Council as is required by state law. This would empower the BID Advisory Board to have a more independent role in the selection of its members moving forward while still complying with state law.

The intent of the MOU is to transfer these responsibilities and establish the Chamber as the “Manager” of the BID. The proposed MOU defines Chamber and City responsibilities related to requirements set forth by the provisions of the Parking and Business Improvement Area Law of 1989 (Law of 1989) and GMC.

The MOU is comprised of several components that relate to the management and operation of the BID.

The terms are detailed within the MOU.

A summary of the terms is provided below:

General Provisions
 Term of Agreement - The MOU shall become effective July 1st, 2024, and shall continue year-toyear thereafter, provided that either Party may terminate the MOU.  Budget - The Board, with assistance from the Chamber, will annually prepare and submit a budget to the City Council for approval by January 31st of each year. The budget shall include all revenue and expenses including assessments, event revenue, and allocated expenses for each of the planned activities.
 Management Fee - The City will annually pay $50,000 to the Chamber, hereafter referred to as Manager, in exchange for the services specified in the MOU.  Personnel Assigned to Scope of Work - The City’s Community Development Director, or his/her designee, shall be designated as the representative of the City. The Chamber President/CEO shall be designated as the representative of the Manager and shall utilize Chamber staff to assist in performing services pursuant to the MOU.

Manager Responsibilities
As Manager, the Chamber will provide the following services for the BID:
 District Management - oversee, coordinate, and perform all activities necessary for the Item #9. Page 2
Meeting Date: 6/25/2024 / Packet Page #: 337
Staff Report Page 3 of 5
management of the BID in a professional manner and in accordance with the California law and the GMC. Manager shall do all of the following with the direction of the BID Advisory Board:
o Establish objectives for evaluating and strengthening existing BID businesses; o Develop a general promotional strategy tailored to the businesses within the BID; o Explore opportunities, strategies and objectives of supporting businesses within the BID; o Manage the BID’s banner program, coordinating installation and removal, and reserving dates with the City;
o Regularly distribute, and circulate, accurate information to all BID members not less than quarterly; and
o Track and monitor budget performance, and commercial vacancy rates to assess the economic performance of the BID.
 Annual Plan - Commencing on January 31, 2025, and on January 31st of each year, the Manager shall submit the BID’s Annual Plan to the City.
 Procurement of Goods and Services - The Manager shall comply with Section 5.40.090 of the GMC for the procurement of goods and services on behalf of the BID. The Manager shall establish and adopt its own procurement policy, or adopt the City’s, for the procurement of BID’s goods and services. A procurement policy shall be adopted within three (3) months of the effective date of the MOU.
 Open and Public Meetings - Manager shall be responsible to ensure that BID Board meetings are conducted in accordance with the Ralph M. Brown Act.
 District Website - Manager shall maintain the BID website and shall post the following: 1) BID Advisory Board roster; 2) BID Advisory Board meeting agendas; 3) BID Advisory Board and committee meeting minutes; 4) the BID’s bylaws; 5) audits, reports and financial statements; 6) determination of non-profit and tax-exempt status from the Internal Revenue Service (IRS) and California Franchise Tax Board; and, 7) the MOU.
 The Manager shall contract support services and pay all direct out-of-pocket expenses necessary for the timely completion of work. Expenditures not outlined in the BID’s Annual Plan shall not be paid with BID funds.
 The Manager shall provide sales and marketing services that provide a specific benefit to BID businesses.

City Responsibilities
The City will serve as a liaison to the Manager, which shall consist of the following:
 Assessments and Noticing - The City shall be responsible for mailing monthly assessment notices and first delinquent notices, for receiving the assessments and authorizing disbursements of collected funds to the Manager.
 Trainings
o Within six months of the effective date of the MOU, the City shall coordinate and administer training for the Chamber’s President/CEO on the Ralph M. Brown Act; o Within six months of the effective date of the MOU, the City shall coordinate and administer training on Generally Accepted Accounting Principles, Generally Accepted Government Audit Standards and procurement requirements.
 Templates - The City shall provide the Manager with standard forms and templates to comply with the MOU.
 Annual Plan - The City shall perform the annual noticing and public hearing process, as required by the 1989 Law and GMC, for the adoption of the Annual Plan by City Council.

Assessment Advances
 Disbursements - The City shall disburse assessment revenue to Manager monthly, as received.

The City will calculate and disburse assessments up to the total budget amount for each fiscal year.
 Initial Disbursement - The City shall disburse total reserve funds held by the City within 30 days of the effective date of the MOU.

Item #9. Page 3
Meeting Date: 6/25/2024 / Packet Page #: 338
Staff Report Page 4 of 5
 Manager Collections - The Manager shall not collect assessments directly from BID businesses without prior written approval from the City.
 Submittals - If the Manager fails to timely submit any report, financial statement, audit or other document required by the MOU, the City may stop disbursements until the overdue item is received and determined compliant by the City.
 Assessment Expenditure - BID funds may only be expended on activities and in amounts authorized in the budget for the applicable fiscal year. Any expenditure inconsistent with the budget shall be considered an ineligible expenditure and City may stop, or reduce, future assessment disbursements.
 Unexpended Assessments - The Manager will use its best efforts to fully expend budgeted assessment revenue by the end of each fiscal year. If the Manager is holding any unexpended assessment revenue at the end of the fiscal year, the BID may program such assessments for activities authorized in the budget for the immediately following fiscal year.

In the event the Chamber dissolves itself, or terminates the MOU, any unexpended monies shall be returned to the City no later than 30 days from the time of dissolution or termination.

Reports and Audits
 Monthly Financial Report - The Manager shall prepare and submit a Monthly Financial Report to the City for the term of the MOU. The Monthly Financial Report shall summarize expenses, revenues and fund balance.
 Annual Performance Report – The Manager shall submit an Annual Performance Report to the City for each fiscal year summarizing the Manager’s activities performed during the applicable year. Each Annual Performance Report shall be submitted to the City and posted on the BID’s website within ninety (90) days after the end of the fiscal year.  Annual Budget - By January 1st of each year, the Manager shall submit the BID’s draft budget for the following fiscal year to the City for review. By January 31st of each year, the Manager shall submit a final budget for the immediately following fiscal year to the City.  Audit - The Manager shall conduct an audit, or financial review, in accordance with GAGAS within 180 days after the end of the fiscal year.

Modifications to the MOU shall be made by mutual, written consent of the City and the Chamber. In the event the Chamber is in default under the terms of the MOU, the City may notice the Chamber, providing reasons for the default. If the Chamber does not remedy the default within five days after noticing, the City may terminate the MOU. The Chamber or City may terminate the MOU upon 90 days written notice.

During the first six months of the MOU, City staff will provide support and resources necessary to facilitate a smooth transition. Staff will work with the Chamber President/CEO to ensure that terms of the MOU are met.

FISCAL IMPACT
The City will be responsible for the cost of having the Chamber perform management services for the BID.

The cost to perform services assigned in the MOU is $50,000 per year for the term of the MOU. Costs will be paid out of the City’s general fund, not to exceed $50,000 annually. The City will continue to assess and collect BID funds through Business Tax and remit those amounts to the Chamber on a monthly basis.

All funds related to the BID moving forward will be in the custody of the Chamber, however the City will monitor expenditures on a monthly basis and through an annual audit.

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

Item #9. Page 4
Meeting Date: 6/25/2024 / Packet Page #: 339
Staff Report Page 5 of 5
Prepared By Alycia Suniga, Management Analyst
Concurs With Matt Klingler, Business Improvement District (BID) Advisory Board Reviewed By Valerie Velasquez-Santoya, Economic Development & Housing Manager Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Deputy City Manager Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Draft Ordinance
B. Memorandum of Understanding (MOU)
C. PowerPoint
Item #9. Page 5
Meeting Date: 6/25/2024 / Packet Page #: 340
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL ADDING SECTION 5.40.110 “DELEGATION OF ADMINISTRATION” TO CHAPTER 5.40
“GLENDORA VILLAGE BUSINESS DISTRICT,” AND AMENDING
SECTION 2.18.050 “APPOINTMENT” OF CHAPTER 2.18 “CITY
BOARDS AND COMMISSIONS” OF THE GLENDORA MUNICIPAL
CODE

THE CITY COUNCIL
City of Glendora, California
WHEREAS, in 2009, the Glendora Village Business Association requested that the City of Glendora initiate proceedings to form a Business Improvement District as permitted under the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and
WHEREAS, on July 28, 2009, the Glendora City Council adopted Ordinance 1922 adding Chapter 5.40 to the Glendora Municipal Code (GMC) and establishing the Glendora Village Business District (GVBD), as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and WHEREAS, the By-Laws of the GVBD state that its purpose is to assist the City of Glendora in the promotion of the physical and financial health of the Glendora Village as a means of providing tax revenues, and physical, economic, and social stability to the City of Glendora at large; and
WHEREAS, for the past fifteen years, the GVBD has executed its mission by contributing to improving the appearance of the Glendora Village, promoting and advertising through a range of media outlets, coordinating communications among the GVBD businesses, and sponsoring annual events within the Glendora Village, including the Holiday Stroll and Wine Walk; and
WHEREAS, the Glendora City Council has determined that it is in the best interest of the City and the GVBD to allow for the City of Glendora to delegate the administration of the Glendora Village Business District to a non-profit entity who shall implement the improvements, maintenance, and activities of the Glendora Village Business District; and WHEREAS, the Glendora City Council desires to grant the GVBD advisory board the authority to recommend board appointments to the City Council. .

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

SECTION 1. A new section shall be added to Chapter 5.40 of the GMC, which shall be entitled “Delegation of Administration” which shall read as follows:
“Chapter 5.40.110 Delegation of Administration. The City Council may authorize a nonprofit organization to administer the district funds and to operate the improvements and activities of the district as set forth in this chapter. The authorized non-profit Item #9. Page 6
Meeting Date: 6/25/2024 / Packet Page #: 341
Ordinance No. _____ Page 2 of 3
organization shall formally report to the city council at least annually, beginning no later than July 1, 2025.”
SECTION 2. A new subsection to Section 2.18.050(a) “Appointment” is hereby added to the Glendora Municipal Code to read as follows:
“(2) With respect to the Glendora Village Business District, the Business District advisory board shall recommend members for appointment with the consent of the city council as required by state law. The Business District bylaws shall prescribe the process by which board members are selected for appointment.”
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect.

SECTION 5. 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 Cal. Govt. Code § 40806).

This Ordinance shall be effective on the thirtieth (30th) day after its adoption by the City Council PASSED, APPROVED and ADOPTED this ___ day of ____, 2024.

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

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney
Item #9. Page 7
Meeting Date: 6/25/2024 / Packet Page #: 342
Ordinance No. _____ Page 3 of 3

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 #9. Page 8
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1 MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF GLENDORA AND THE GLENDORA CHAMBER OF COMMERCE

FOR THE MANAGEMENT AND OPERATION OF THE GLENDORA VILLAGE

BUSINESS DISTRICT
This Memorandum of Understanding (“MOU” / “Agreement”) is made and entered into this __ day of ____ 2024 (“Effective Date”) by and between the CITY OF GLENDORA, a California municipal corporation (“City”), and the GLENDORA CHAMBER OF COMMERCE, a California nonprofit 501(c)(6) organization (“Chamber” / “Manager”), are sometimes referred to in this MOU individually as a “Party” and collectively referred to as the “Parties.” The Parties hereto agree as follows:

RECITALS
WHEREAS, under the Glendora Municipal Code (“GMC”) Chapter 5.40, the City Council of the City of Glendora previously established the Glendora Village Business District (“District”) in 2009, as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq. (the “1989 Law”); and WHEREAS, the District promotes the physical and financial vitality of the Glendora Village as a means of providing tax revenues, and physical, economic, and social stability to the Glendora community; and
WHEREAS, the Chamber is a membership association of business owners and residents committed to encouraging business and economic development within the City; and WHEREAS, the Chamber works cooperatively with local businesses, and other organizations, to improve the economic well-being and quality of life in Glendora; and WHEREAS, the Chamber is a leading advocate for business growth in Glendora; and WHEREAS, the City has worked with the Chamber to negotiate the terms under which the Chamber shall take over the primary responsibilities for the management, oversight of the District and its operations; and
WHEREAS, the Chamber desires economic and administrative assistance from the City to perform the tasks and duties associated with the management of the District; and WHEREAS, the City is amenable to providing monetary compensation and limited administrative support as defined within this MOU.

NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, City and Chamber hereby agree as follows:

Section 1. PURPOSE
GMC Chapter 5.40 established a parking and business improvement district within the City known as the Glendora Village Business District (“District”) pursuant to the 1989 Law. The purpose of this MOU is to define the roles and responsibilities of the City and the Chamber, with regard to the management and operation of the District.

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2 Section 2. DEFINITIONS
For the purpose of this MOU, the terms listed below are defined as follows:

2.1. Activities. The improvements and activities within the District which shall conform to those set forth in Section 5.40.020(e) of the GMC and shall be described in each Annual Plan.

2.2. Annual Plan. A report prepared for each Fiscal Year for which Assessments are to be levied and collected to pay for the costs of the Activities. The Annual Plan shall include, but not be limited to, the boundaries of the District, the basis and method of levying the Assessments (assessment methodology), and any changes in the classification of businesses, if a classification is used, pursuant to California Streets and Highways Code Section 36533.

2.3. Assessments. All funds collected by City from each Member Business pursuant to the authority of the 1989 Law. The Assessments collected from each for Member Business within the District shall be set forth in each Annual Plan.

2.4. Default. The occurrence of any of the following: (a) any failure of a Party to perform any of such Party’s obligations under this MOU; (b) Any failure by a Party to pay, deposit or deliver, when and as this MOU requires, any amount of money, or surety or evidence of any insurance coverage required to be provided under this MOU; (c) any failure of a Party to comply with any restriction or prohibition in this MOU; or (d) any other event or circumstance that, with passage of time or giving of Notice, or both, would constitute a breach of this MOU by a Party.

2.5. District Advisory Board. The District Advisory Board shall consist of the individuals appointed by the City Council pursuant to Chapter 2.18 of the GMC and the Bylaws of the Glendora Village Business District, dated December 11, 2009 (as amended from time to time, the “Bylaws”).

2.6. Effective Date. Defined in Section 3 of this MOU.

2.7. Fiscal Year. Each time period beginning on July 1 and ending on the immediately following June 30.

2.8. GAAP. Generally Accepted Accounting Principles.

2.9. GAGAS. Generally Accepted Government Audit Standards.

2.10. Laws. All laws and ordinances applicable to the District, including, without limitation, the 1989 Law and the GMC.

2.11. Member Business. A business located within the boundaries of the District that is subject to paying Assessments under Chapter 5.40 of the GMC.

2.12. Notice. Any consent, demand, designation, election, notice or request relating to this MOU.

All Notices must be in writing.

2.13. Other Revenue. Defined in Section 10.1.

2.14. Person. Any association, corporation, governmental authority, individual, joint venture, jointstock company, limited liability company, partnership, trust, unincorporated organization or other entity of any kind.

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3 2.15. Records. All administrative or financial records relating to the District, Assessments, Activities, Reserve Funds, Other Revenue or any such other documents as required under this MOU which shall be prepared or gathered by Manager, including, without limitation, all ledgers, book of accounts, papers, invoices, receipts, accounting records, reports, financial disclosures, audits, other disclosures, certifications, work product, and any other documents, data, or agreements. ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the Assessments, Other Revenue, Reserve Funds, and any disbursements of funds and/or the services.

2.16. Reserve Funds. Defined in Section 9.2.

2.17. Residual Assessments. Defined in Section 9.1.

2.18. State. The State of California.

Section 3. TERM OF AGREEMENT
This MOU shall become effective July 1, 2024 (“Effective Date”) and shall continue year to year thereafter provided (the “Term”); provided however, that either Party may terminate this MOU as set forth in Section 19 of this MOU.

Section 4. BUDGET
The Manager will prepare a Budget to the City by January 31st of each Fiscal Year for the District Advisory Board to consider for recommendation to the City Council for approval. The Budget will include the source of revenues and the associated amounts, including Assessments from Member Businesses and Other Revenue (as defined below) and allocated amounts for each of the planned Activities for the upcoming Fiscal Year. Revenue generated by District Activities (i.e., Other Revenue), shall be collected and held by the Manager in accordance with Section 10.

Section 5. MANAGEMENT FEE
In exchange for the services performed by Manager as provided under this Agreement, City agrees to compensate the Manager as follows:

City will pay up to fifty-thousand dollars ($50,000.00) annually (“Management Fee”). A portion thereof payable in monthly installments of four-thousand one-hundred and sixty-six dollars ($4,166.00) beginning the first day of the month after the execution of this MOU and continuing on the first day of each month thereafter during the Term of this MOU. Payment to the Manager will only be made upon receiving a proper invoice sufficiently in advance of the City’s weekly Friday warrant runs.

Section 6. PERSONNEL ASSIGNED TO SCOPE OF WORK

6.1. Community Development Director, or his/her designee, is hereby designated as being the representative of the City authorized to act on its behalf with respect to the work and services specified herein.

6.2. The Manager’s President/CEO is hereby designated as being the representative for the Manager and is authorized to act on its behalf with respect to the work and services specified herein. Manager shall utilize administrative personnel to assist in performing services pursuant to this Agreement. All personnel of the Manager, and any authorized agents, shall be under the exclusive direction of the Manager.

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4 Section 7. MANAGER RESPONSIBILITIES
Manager will provide the following services to the City in exchange for payment as provided in Section 5 of this MOU:

7.1. District Management. Manager shall oversee, coordinate, and perform all Activities necessary for the management of the District in a professional and prudent manner and in accordance with all Laws and the Budget. More specifically, Manager shall do all of the following with direction from the District Advisory Board:

7.1.1. Objectives. Establish objectives for evaluating and strengthening the existing businesses within the District and explore methods of attracting new businesses into the District.

7.1.2. Promotional Strategy. Develop a general promotional strategy tailored to the businesses within the District.

7.1.3. Liaison. Establish a liaison with businesses and explore opportunities, strategies and objectives of supporting businesses within the District.

7.1.4. Banners. Manager shall manage the District’s banner program by maintaining all banners, coordinating the removal and installation of banners, and reserving downtown banner space with the City.

7.1.5. Dissemination of Information. Manager has an important role in the District and shall disseminate information that is accurate and consistent with City’s District program as described in the GMC. The Manager shall disseminate information to every Member Business regularly, but not less than quarterly that includes information about: District highlights; City affiliated programs; District events, activities, services and Budget.

7.1.6. Performance Metrics. Collect data including: (a) ratio of annual Assessment amount to total annual Budget; (b) performance of Activities listed in the Annual Plan and (c) ground floor vacancy rate. This requirement may change annually following discussions with the City.

7.1.7. District Bylaws. Prepare and propose amendments to the District Bylaws from time to time as and when requested by the City.

7.2. Annual Plan. Commencing on January 31, 2025, and on the thirty-first (31st) day of each January this MOU is in effect, Manager shall submit to the City an Annual Plan, as described in the 1989 Law.

7.3. Procurement of Goods and Services. All procurement of goods and services by Manager in administration of the District that obligates or will result in the expenditure of any Assessments or Other Revenue shall comply with Section 5.40.090 of the GMC. Manager shall establish its own procurement policy, or adopt the City’s, for the procurement of such goods and services. Manager shall establish and adopt a procurement policy for the expending any District funds within three (3) months of the Effective Date of this MOU.

7.4. Nonprofit Status. Manager shall at all times during the Term be a Federal and State nonprofit corporation in good standing.

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5 7.5. Open and Public Meetings. Manager acknowledges and agrees that because Manager will be expending public funds in the form of Assessments and Other Revenue under this Agreement, all portions of meetings of the District’s Board of Directors at which this Agreement, Activities, Assessments, or Other Revenue are discussed shall be conducted in accordance with the Ralph M. Brown Act, California Government Code sections 54950- 54963 and the California Public Records Act, Government Code section 6250 et seq.), each as amended.

7.6. District Advisory Board Appointment Recommendations. The Manager shall make recommendations to the City for members to be appointed by the City Council pursuant to GMC 2.18.050.(a).

7.7. District Website. Manager shall maintain an official District website and shall post on such official District website all of the following: (a) District Advisory Board roster (names and business affiliations); (b) all regular District Advisory Board and committee meeting agendas; (c) all approved District Advisory Board and committee meeting minutes; (d) District’s bylaws; (e) all annual audits, reports and financial statements or disclosures prepared by Manager or provided by Manager to the City under Section 12; and (f) this Agreement, including exhibits and any amendments to this Agreement. All items required to be posted on the District website under this Section 7.6 shall be maintained on the website for a minimum of five (5) years.

7.8. The City’s Community Development Director, or his/her designee, shall consult the Manager as needed to provide work program for the District’s Activities and expenditures and shall coordinate with the Manager such work program development and implementation, program administration, and plans and reports.

7.9. Manager shall administer the entire work program in a prudent manner. Manager assumes responsibility for contracting for support services as required and paying for all such direct out-of-pocket expenses as may be necessary for the timely completion of work. Obligations or expenditures for items not meeting the requirements of the Annual Plan, this MOU, and all Laws shall not be paid through Assessments collected for the District.

7.10. Manager shall serve as a liaison with each Member Business, which shall include holding an annual public meeting to be noticed in writing to all assessed business establishments in the District. The meeting will be conducted in order to allow the business establishments to familiarize themselves with District functions and to inform the District of their concerns and desires. City’s Community Development Director, or her/his designee, shall attend as a member of the panel to provide information as required.

7.11 Manager shall provide sales and marketing services which provide a specific benefit to businesses in the District as described in the adopted Annual Plan.

7.12 Manager shall apply for the City’s Special Event Permit for Activities held in the public right of way, specified in Section 9.56.010 of the GMC, in a timely manner for sufficient review and processing by City.

Section 8. CITY RESPONSIBILITIES
City will serve as a liaison to the Manager in the administration of the District, which shall generally consist of the following:

Item #9. Page 13
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6 8.1. City shall be responsible for mailing monthly assessment notices and first delinquent notices, for receiving the assessments and for authorizing disbursements of collected funds to Manager. City may, but is not obligated by this MOU, or any other policies, rules, regulations, or laws, to perform any further collection efforts beyond the mailing of the annual assessment notices and first delinquent notices.

8.2. City shall, within six (6) months of the Effective Date of this MOU, administer, and coordinate, training for the Manager’s President/CEO on provisions of the Ralph M. Brown Act, California Government Code sections 54950-54963 and the California Public Records Act, Government Code section 6250 et seq within six (6) months of the Effective Date of this MOU.

8.3. City shall, within six (6) months of the Effective Date of this MOU, coordinate and provide training on GAAP, GAGAS, and procurement requirements necessary to implement the Activities included in the Annual Plan.

8.4. City shall provide Manager standard forms and templates to comply with requirements specified in, but not limited to, Section 7 and 12 of this MOU.

8.5. City shall assist in the annual noticing and public hearing process as required by the 1989 Law, and the provisions in the GMC, for the adoption of Annual Plan by the City Council.

City shall assist in facilitating the District Advisory Board’s recommendation to the City Council to approve the Annual Plan each year.

Section 9. ASSESSMENT ADVANCES

9.1. Disbursements. City will calculate and disburse Assessments to Manager up to the total Budget amount for each Fiscal Year during the Term under the procedures described in EXHIBIT A attached to this Agreement. The total Assessments provided to the Manager each Fiscal Year under this Agreement shall not, under any circumstances, exceed the total Budget for that Fiscal Year. If Assessments collected by District (through either City or Manager) in a Fiscal Year exceed the total Budget amount for that Fiscal Year (such excess amount being “Residual Assessments”), the Residual Assessments will be available for budgeting for Activities for the immediately following Fiscal Year of the District, subject to City Council approval of the Budget for the immediately following Fiscal Year.

9.2. Initial Disbursement. City shall disburse all funds held by the City in its Glendora Village Business District Fund, which funds consist of the amount of $50,000 (the “Reserve Funds”) to Manager, within thirty (30) days of the Effective Date of this MOU. The Manager shall hold all Reserve Funds on behalf of the City in a segregated / separate account of the Manager and shall only be entitled to use / apply such Reserve Funds towards District Activities if the City Council authorizes the use / application of Reserve Funds in connection with its approval of the Budget for any Fiscal Year.

9.3. Manager Collections. Manager shall not collect Assessments directly from Member Businesses without the prior written approval from the City. Manager shall separately account to City for such Assessments and shall only use such Assessments to pay for performance of Activities authorized in the Budget.

9.4. Submittals. If Manager fails to timely submit to City any report, financial statement, audit or other matter required to be submitted by Manager to City under Section 12, City may stop future Assessment disbursements until such time as the overdue item is received and determined by City to comply with the requirements of this MOU. Failure to timely submit to Item #9. Page 14
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7 the City any report, financial statement, audit or other matter required to be submitted by Manager to City may also result in termination of this MOU by the City.

9.5. Assessment Expenditure. Assessments may only be expended on Activities and in amounts authorized in the Budget for the applicable Fiscal Year. Any expenditure inconsistent with the Budget, or not supported with proper documentation, as described in EXHIBIT A attached to this MOU, shall be considered an ineligible expenditure. Upon determining that Manager has made an ineligible expenditure, City may stop future Assessment disbursements or reduce future Assessment disbursements. Nothing in this Section 9.5 shall waive or prevent City from exercising any or all other rights or remedies that may be available to City under this MOU, at law or in equity for a Default resulting from Manager making an ineligible expenditure of Assessments.

9.6. Unexpended Assessments. Manager will use its best efforts to fully expend budgeted Assessments by the end of each Fiscal Year. If Manager is holding any unexpended Assessments at the end of a Fiscal Year, the District Advisory Board may program such Assessments for expenditure on Activities authorized in the Budget for the immediately following Fiscal Year, subject to City Council approval of the Budget for the immediately following Fiscal Year and extension of the Term to cover such Fiscal Year.

9.7. Adjustments between Budget Categories or Line Items. Manager may make adjustments between expenditure categories or between line items in the Budget. Adjustments shall be reported to the District Advisory Board, and to the City, as part of a Monthly Financial Report.

The Monthly Financial Report shall explain the adjustment. The District Advisory Board may approve adjustments (where the sum of the expenditure category adjustments does not exceed 20% of the overall Budget or where the adjustments are 20% or less of the affected line item that is being reduced).

9.8. If Manager dissolves itself or terminates this MOU pursuant to the provisions in Section 19 below, prior to or upon the expiration of this MOU, then any unexpended monies held by Manager (including all Reserve Funds) shall be returned to City no later than 30 days from the time of dissolution or such termination. Any Assessments collected by City prior to Manager’s dissolution or termination of this MOU, and not yet disbursed to Manager shall be retained by City and used for any purpose permitted by the Annual Plan and District.

Section 10. OTHER REVENUE

10.1. If Manager collects any funds other than Assessments (“Other Revenue”) pursuant to its management, operation, and Activities of the District, Manager shall use and apply such Other Revenue towards the Activities of the District.

10.2. Other Revenue shall not be collected by the City, but directly by the Manager and accounted for in the same manner as that of Assessments and shall only use such Other Revenue to pay for performance of Activities authorized in the Budget. If Manager is holding any unexpended Other Revenue at the end of a Fiscal Year, the District Advisory Board may program such Other Revenue for expenditure on Activities authorized in the Budget for the immediately following Fiscal Year, subject to City Council approval of the Budget for the immediately following Fiscal Year and extension of the Term to cover such Fiscal Year.

Section 11. INSURANCE

11.1 Prior to the Effective Date, Manager shall obtain all insurance coverage and policies required by the City in the type and amounts outlined below and shall provide evidence of Item #9. Page 15
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8 same to City. Manager shall maintain all of the insurance coverage required to be obtained under this Section 11 throughout the Term.

11.1.1. General liability insurance. Manager shall maintain commercial general liability insurance with coverage 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.

11.1.2. Automobile liability insurance. Manager shall maintain automobile insurance covering bodily injury and property damage for all activities of the Manager arising out of or in connection with Services to be performed under this MOU, 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.

11.1.3. Worker’s Compensation insurance. Manager shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance as required by the State of California, with limits of at least $1,000,000 per accident for bodily injury or disease.

11.1.4. Professional liability (errors & omissions) insurance. Manager shall maintain professional liability insurance that covers the Services to be performed in connection with this MOU, 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 MOU and Manager agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this MOU.

11.2 General Insurance Requirements.

11.2.1. Proof of insurance. Manager 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 MOU. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

11.2.2. Duration of coverage. Manager shall procure and maintain for the duration of this MOU, 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 Manager, its agents, representatives, employees or subconsultants.

11.2.3. Primary/noncontributing. Coverage provided by Manager 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 nonItem #9. Page 16 Meeting Date: 6/25/2024 / Packet Page #: 351
9 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.

11.2.4. Additional insured status. General liability and Automobile 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.

11.2.5. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this MOU shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Manager or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Manager hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

11.2.6. 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.

11.2.7. Notice of cancellation. Manager 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.

11.2.8. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Manager’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.

11.2.9. 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. Selfinsurance will not be considered to comply with these specifications unless approved by City.

11.2.10. Timely notice of claims. Manager shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Manager’s performance under this MOU, and that involve or may involve coverage under any of the required liability policies.

11.2.11. Additional insurance. Manager shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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10 11.3 All Activities performed by the District shall be covered under City’s umbrella insurance in instances where a Special Event Application, pursuant to GMC Chapter 5.32, is submitted by Manager and a Special Event Permit is issued by the City, as specified in Section 7.11 of this MOU.

Section 12. REPORTS AND AUDITS

12.1. Monthly Financial Report. Manager shall, in accordance with GAAP, complete a Monthly Financial Report and submit to City for each month during the Term. The Monthly Financial Report shall summarize expenses, revenue, and fund balance (including the balance of the Reserve Funds). Manager shall maintain all Records for all transactions. Each Monthly Financial Report shall be prepared by Manager and submitted to City in accordance with the requirements of EXHIBIT A attached to this MOU.

12.2. Annual Performance Report. Manager shall submit an annual performance report to City for each Fiscal Year during the Term summarizing the Manager’s Activities performed during the applicable Fiscal Year and detailing the Manager’s revenue and expenditures during the applicable Fiscal Year (each, an “Annual Performance Report”). Each Annual Performance Report shall be delivered to City and posted to the District Website within 90 days after the end of each Fiscal Year.

12.3. Annual Budget. On or before each January 1 during the Term, Manager shall deliver a draft Budget for the immediately following Fiscal Year to City. On or before each January 31 during the Term, Manager shall deliver a final Budget (the “Budget”) for the immediately following Fiscal Year to City. Each draft and final Budget shall include: (a) budgeted amounts; (b) narrative describing the proposed Activities within the District during the applicable Fiscal Year; (c) the estimated costs, by category, of performing all Activities planned for the applicable Fiscal Year; (d) any estimated amount of surplus or deficit in Assessments (anticipated to be held by Manager, and separately, any unreconciled Assessments anticipated to be held by Manager) to be carried over from the then current Fiscal Year into the immediately following Fiscal Year; (e) any anticipated Other Revenue to be received by Manager in the immediately following Fiscal Year that will be expended on Activities; and (f) an itemization of the amount of money held in the Reserve Fund and any need for the use of Reserve Funds toward District Activities for the upcoming Fiscal Year. Each Budget shall be formatted using a template provided by the City.

12.4. Audit. Manager shall prepare and submit to the City an audit or financial review conducted in accordance with GAGAS within 180 days after the end of each Fiscal Year. City, at its sole discretion, reserves the right to require an annual audit. Manager shall submit a copy of each and any management letters issued by the auditor for each such audit or financial review to City within 180 days after the end of the applicable Fiscal Year. If Manager is subject to an audit from a source other than City, Manager shall provide a copy of the audit to City within thirty (30) calendar days after receipt. Manager shall provide in any agreement it enters into with an audit firm for performance of any and all audits referenced in this MOU that the audit firm shall provide City access to the working papers of the auditor(s) who prepare(s) the audit(s), that Manager waives any claim of privilege or confidentiality regarding, and consents to and authorizes the audit firm to release to City, any and all information obtained or utilized by such audit firm as the basis of any audit report issued by the audit firm. Manager shall utilize the City’s audit firm in exchange for the reimbursement of the cost of services.

12.5. Adverse Audit Findings. If any type of audit or monitoring review reveals any pattern of suspicious or questionable financial activity by Manager or District, the City, in its sole and Item #9. Page 18
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11 absolute discretion, shall have the right to immediately suspend this MOU, in whole or in part, to further investigate such matter or pursue any other rights or remedies for such Default available to the City under this MOU, at law or in equity.

12.6. Cooperation. Manager shall fully cooperate with the City and any other auditors in any review or investigation of the Manager’s conduct or action(s) relating to this MOU or money received under this MOU.

Section 13. RECORDS
Manager acknowledges and agrees that because Manager will be expending and holding public funds in the form of Assessments, Other Revenue, and Reserve Funds under this Agreement, all Records produced by or on behalf of Manager relating to this Agreement, Activities, Assessments, Other Revenue, or Reserve Funds are subject to the California Public Records Act, California Government Code sections 6250-6276.48.

13.1. Ownership of Records. The work product prepared or acquired by Manager pursuant to this Agreement including, but not limited to, any and all Records, documents, memoranda, agreements, plans, reports, and materials shall be and shall remain the property of the City and the District for the exclusive use of the District. No Records shall be shown to any other Person, except as authorized by the City in writing, or where such Records are subject to disclosure under the California Public Records Act or other Law, as determined by the City Attorney of the City.

13.2. Maintenance, Inspection and Photocopying. Manager and its subcontractors shall maintain all Records during the Term and the Retention Period (defined in Section 13.3). All Records shall be kept at the Manager’s regular place of business in the City of Glendora. At any time during normal business hours and as often as requested, Manager shall make available to the City or any of City’s authorized representatives, all Records for the purposes of review, auditing and copying. The Manager shall pay for the costs of any audit performed by, or at, the direction of the City.

13.3. Records Retention Period. Manager shall maintain Records for at least three (3) years after expiration or termination of this MOU and Manager performing all of its obligations under Section 19 (“Retention Period”). At all times during the Retention Period, Manager shall permit City or any of City’s authorized representatives to inspect and photocopy any and all Records. After expiration of the Retention Period, Manager shall provide City with thirty (30) days’ Notice of its intent to dispose of any Records. Manager shall provide any and all Records to City upon Notice from City requesting the Records during this thirty (30) day time period.

Section 14. CONFIDENTIALITY
Manager agrees that all information gained in the performance of this MOU, shall be considered confidential, unless such information is in the public domain. Manager shall not release or disclose any such information to any Person, other than the City, without prior written authorization from City. Confidential documentation should be kept in a secure location.

Section 15. ASSIGNMENT AND ASSUMPTION
City and Manager shall not assign any of its interest or obligations under this MOU to any other party without the prior written consent of the other. Any attempt by Manager to assign or transfer Item #9. Page 19
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12 its rights or obligations without such prior written consent shall be null and void and may, at the option of City, automatically terminate this MOU.

Section 16. INDEMNIFICATION

16.1. Manager agrees to, and shall defend, indemnify, protect and hold harmless the City, its elective and appointive boards, officers, officials, employees, agents and volunteers (collectively, the “Indemnified Parties”) from and 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 terms binding upon Manager set forth herein or any activities or obligations contemplated herein of Manager, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Manager is legally liable (“indemnitors”), or arising from Manager’s or indemnitors’ reckless or willful misconduct, or arising from Manager’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this MOU, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The provisions of this paragraph shall survive the termination of this MOU.

16.2. City agrees to, and shall defend, indemnify, protect and hold harmless Manager, its elective and appointive board, officers, officials, employees, agents and volunteers (“Manager Indemnitees”) from and against any and all claims, demands, losses, defense costs, fines, penalties, expenses, causes of action and judgements at law or in equity of any kind of nature which Manager and/or any Manager Indemnitees may sustain or incur or which may be imposed upon them due to City’s failure to perform any term, provision, or covenant set forth in this MOU, except for any claims or liabilities of Manager set forth in Section 16.1 above. The provisions of this paragraph shall survive the termination of this MOU.

16.3. The Parties recognize that over a period of time, specific duties and responsibilities may change due to alteration in law and/or policies. As such, the Chamber President/CEO and City Manager (or such person as may be designated by the City Manager), shall meet at least annually to discuss any changes needed in the scope of this MOU. Any changes must be agreed upon mutually by both Parties. There shall be no change in the financial contribution due to Manager unless the City Council approves of same.

SECTION 17. MODIFICATION
Modifications of this MOU shall be made by mutual consent of the Parties, by the issuance of written modification, signed and dated by both parties, prior to any changes being made.

SECTION 18. NOTICES
All Notices given hereunder shall be provided (i) by personal delivery which will be deemed received on the day of delivery; (ii) by national overnight delivery service which shall be deemed received the following day; (iii) by email, so long as written notice is concurrently provided by mail, overnight delivery, or personal delivery; or (iv) by mailing the same by registered or certified US mail, return receipt requested. A Notice shall be effective as follows: (a) if by personal delivery on the date of delivery if personally delivered before 5:00 p.m. prevailing local time, otherwise on the day following personal delivery; (b) if by e-mail on the date of delivery if delivered before 5:00 p.m. prevailing local time, otherwise on the day following delivery, (c) if mailed, two (2) business days following the Item #9. Page 20
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13 date the notice is postmarked, or (d) if sent by overnight courier, on the day following delivery to the overnight courier.

City of Glendora Glendora Chamber of Commerce
Attn: Community Attn: President & CEO
Development Director 224 N. Glendora Ave.
116 E. Foothill Blvd. Glendora, CA 91741
Glendora, CA 91741 Email: [email protected]
Email: [email protected]
SECTION 19. DEFAULT; TERMINATION

19.1 Default; Termination Rights. In the event that Manager is in Default under the terms of this MOU, the City shall not have any obligation or duty to continue compensating Manager for any work performed after the date of Default (including any Management Fee). In the event of such Default, the City may give Notice to Manager of the Default and the reasons for the Default. If Manager fails to remedy the Default within five (5) business days following receipt of Notice from the City, then the City may terminate this MOU immediately, and/or remedy such deficiency and, within ten (10) days following delivery to Manager of written demand, which shall include reasonable documentation, Manager shall reimburse the City, for one hundred ten percent (110%) of any actual costs incurred by the City for curing such Default.

During the period of time that Manager is in Default, the City shall hold all invoices / payments otherwise due to Manager.

19.2 Termination for Convenience. During the Term of this MOU, the Manager or City may terminate this MOU upon ninety (90) days prior written notice (the “Notice of Termination”).

The Notice of Termination shall specify the date upon which such termination becomes effective.

19.3 If this MOU expires or is terminated, Manager shall complete any and all additional work necessary for the orderly filing of documents and closing of Manager’s performance of its obligations under this MOU, including delivering to City on or before the expiration or termination date of this MOU: (a) all Records, work product, leases, and agreements prepared or completed in connection with, or related to, Manager’s performance under this MOU; (b) all Assessments, accounts receivable attributable to the use of Assessments, Other Revenue, all Reserve Funds, and any other assets of the District; and (c) the final Annual Report covering the last Fiscal Year during the Term or applicable portion of such Fiscal Year.

SECTION 20. MISCELLANEOUS
No officer or employee of the City shall be personally liable to Manager, 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 Manager or to its successor, or for breach of any obligation of the terms of this Agreement.

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.

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 Item #9. Page 21
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14 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.

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 waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.

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.

SECTION 21. PRINCIPAL CONTACTS
The principal contacts for this MOU are:

For City of Glendora:

Adam Raymond, City Manager
City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
(626) 914-8201
Jeff Kugel, Community Development Director
City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
(626) 914-8214
For Glendora Chamber of Commerce:

Joe Cina, President / CEO
Chamber of Commerce
224 N. Glendora Ave.

Glendora, CA 91741
(626) 963-4128
[SIGNATURE PAGE FOLLOWS]
Item #9. Page 22
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1 IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date set forth above.

City of Glendora Glendora Chamber of
Commerce
By: By:

Adam Raymond
City Manager
Joe Cina
President/CEO
Date
:

Date:

Approved as to Form:

Aleshire & Wynder, LLP
________________________
Danny Aleshire, City Attorney
Attest:
_______________________
Kathleen R. Sessman
City Clerk
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01240.0002/988229.3 2 | P a g e

EXHIBIT A

ASSESSMENT DISBURSEMENT AND MONTHLY REPORTING PROCEDURES During the first two business days of each month, the City’s Community Development Director, or his/her designee, shall determine the Assessments posted into the District account during the immediately preceding month. The City’s Community Development Director, or his/her designee, shall submit a payment request to the City’s Finance Division for that amount within ten (10) business days and include a copy of the “invoice” document specifying the relevant approved resolution and agreement authorizing the monthly disbursement. The amount to be disbursed in a particular month shall be provided to Manager within the first five (5) business days of that month. The
City’s Finance Division shall review the request and, if appropriate, release the payment within thirty (30) days after the first business day of each month.

Manager shall establish and maintain a separate bank account for deposits and accounting of Assessment disbursements and Other Revenue associated with the District.

Manager is required to register with City for the ACH payment program. Once the payment request is authorized by City’s Finance Division, ACH payments are generally deposited into the receiving bank account within two to three business days, but City does not guarantee deposits in any particular time period.

Manager shall submit a Monthly Financial Report to City for each month during the Term on or before the 25th day of the following month.

Only Activity expenses in the Budget may be submitted with a Monthly Financial Report to document use of Assessments. Failure to submit a Monthly Financial Report on or before its due date will result in all future Assessment disbursements being stopped, until all overdue Monthly Financial Reports are received by City and determined to be in compliance with the requirements of this MOU.

Item #9. Page 24
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Memorandum of Understanding (MOU)
City of Glendora and Chamber of Commerce
Community Development
City Council
June 25, 2024
Alycia Suniga, Management Analyst CityOfGlendora.org
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BACKGROUND
• In 2009 – Establishment of BID provided by the Parking and Business Improvement Area Law of 1989.
• BID is comprised of various businesses within boundaries included in the adopted Annual Plan. Its mission is to promote the physical and financial vitality of the Glendora Village.
• The BID has successfully executed its mission by contributing to the maintenance of the Village, promoting/advertising and sponsoring annual events. • The City has provided management and oversight of the BID since its establishment.

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• The Glendora Chamber of Commerce (Chamber), a California nonprofit 501(c)(6) organization, works with local businesses to improve the economic well-being and quality of life in Glendora.
• Established partner of the City
• A leading advocate for business growth and promotion in Glendora. • Network of Glendora businesses
• Holds events throughout the year
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• 2023-2025 Strategic Plan
• Adopted several objectives related to Village
• Changes to City’s support of BID administration
• Ordinance amending GMC
• Section 5.40.110 “Delegation of Administration”
• Section 2.18.050 “Appointment”
• Proposed MOU assigning management of the BID to the Chamber • Serve the BID, its membership and mission
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MEMORANDUM OF UNDERSTANDING (MOU)
• The draft MOU includes a total of 21 sections
• Defines responsibilities of the Manager (Chamber) and City, as well as other terms. • The most notable sections:
• General Provisions
• Manager Responsibilities
• City Responsibilities
• Assessment Advances
• Reports and Audits
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GENERAL PROVISIONS
• Term of Agreement – Effective July 1st, 2024
• Budget – Board and Manager annually prepare a budget to recommend for City Council approval by the 31st of each year.
• Revenue sources
• Assessments
• Other Revenue
• Planned activities
• Management Fee – City to pay up to $50,000 annually
• Personnel Assigned to Scope of Work
• City – Community Development Director, or designee
• Manager – Chamber President/CEO, or designee
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MANAGER RESPONSIBILITIES
Manager responsible for administration of the BID, providing the following services:
• District Management – Oversee, coordinate and perform necessary activities (Parking and Business Improvement Area Law of 1989)
• Establish objectives for evaluating/strengthening
• Develop a promotional strategy
• Explore opportunities to support BID businesses
• Regularly distribute, and circulate, information on a quarterly basis • Collect data - measure overall performance
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MANAGER RESPONSIBILITIES, Continued
• Annual Plan – Submit BID’s Annual Plan to City by January 31st of each year • Procurement of Goods and Services – Establish and adopt a procurement policy 3 months of the effective date of the MOU
• Open and Public Meetings – Ensure meetings are in accordance with the Ralph M. Brown Act. • District Website – Maintain BID website:
• Advisory Board Roster
• Meeting Agendas
• Board and committee meeting minutes
• BID’s bylaws
• All audits, reports and financial statements
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MANAGER RESPONSIBILITIES, Continued
• Contract support services
• Pay for all direct out-of-pocket expenses necessary.
• Expenditures not in the Annual Plan shall not be paid with BID funds. • Provide sales and marketing services specifically benefitting the BID.

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CITY RESPONSIBILITIES
City will act as a liaison to Manager in the administration of the BID, responsible for the following:
• Assessments and Noticing – Assessment and Delinquency noticing; Authorize disbursements of collected funds to the Manager.
• Trainings – Training within six (6) months of effective date:
• Ralph M. Brown Act
• Generally Accepted Accounting Principles (GAAP)
• Generally Accepted Government Audit Standards (GAGAS) • Templates – Standard forms and templates
• Meetings: – Provide room to conduct open and public meetings. A City representative may be present.
• Annual Plan – Annual noticing and conduct hearings for adoption of BID’s Annual Plan.

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ASSESSMENT ADVANCES
• Disbursements – City will disburse assessment revenue. • Initial Disbursement – City will disburse BID’s $50,000 in reserves within thirty (30) days of effective date.
• Manager Collections – Manager shall not collect assessments directly from BID members. Manager to establish separate account with a banking institution, separately accounting for BID funds.
• Submittals – If Manager fails to submit required documents, City may stop disbursements.

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ASSESSMENT ADVANCES, Continued
• Assessment Expenditure – BID funds only expended on activities in Budget. Expenditures inconsistent with Budget, considered ineligible expenditure. • Unexpended Assessments – Manager to fully expend assessment revenue by end of each fiscal year. BID shall program any unexpended assessments for the immediately following fiscal year. • In the event, the Chamber dissolves, or terminates MOU, monies shall be returned to the City within 30 days.

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REPORTS AND AUDITS
• Monthly Financial Report – Manager to complete and submit Monthly Financial Report each month
• Expenses, revenue and fund balance
• Annual Performance Report – Manager to submit within 90 days after each fiscal year, Annual Performance Report summarizing Manager’s activities
• Annual Budget – By January 1st of each year, Manager to submit the BID’s draft budget to the City. By January 31st of each year, Manager to submit a final budget to the City. • Audit – Manager shall have an audit completed within 180 days after the end of each fiscal year. • Modifications to the MOU may be made by mutual written consent • City or Chamber may terminate MOU with proper noticing Item #9. Page 37
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NEXT STEPS
• City Council Consideration of Ordinance and MOU
• Amend Chapter 5.40 and 2.18 of the GMC
• MOU Effective July 1st, 2024
• Staff to work closely with Chamber over the next six months Item #9. Page 38
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RECOMMENDATIONS
That the City Council:

1. Introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA ADDING SECTION 5.40.110 “DELEGATION OF ADMINISTRATION” TO CHAPTER 5.40 “GLENDORA VILLAGE BUSINESS DISTRICT,” AND AMENDING SECTION 2.18.050 “APPOINTMENT” OF CHAPTER 2.18 “CITY BOARDS AND COMMISSIONS” OF THE GLENDORA

MUNICIPAL CODE

2. Approve the Memorandum of Understanding (MOU) between the City and Glendora Chamber of Commerce;

3. Authorize the City Manager to execute the Memorandum of Understanding (MOU) including making minor non-substantive changes; and

4. Direct staff to work to implement the Memorandum of Understanding (MOU) effective July 1, 2024.

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