AGENDA
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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For public comments and questions during the meeting, call (818) 937-8100. Public comments on a specific agenda item will be taken when that agenda item is discussed. If you have any question about matters on the agenda, or requests for assistance, please contact the City Clerk at (818) 548-2090 during regular business hours.
PLEASE TURN OFF CELLULAR PHONES WHILE INSIDE THE MEETING LOCATION In compliance with the Americans with Disabilities Act (ADA) of 1990, auxiliary hearing aids, sign language translation, and Braille transcripts are available upon request. Assisted listening devices are available same-day upon request. At least 48 hours (or two business days) notice is required for requests regarding sign language translation and Braille transcription services. All documents related to open session items on this agenda that are received less than 72 hours prior to this meeting, and are public records, will be available for review in the Office of the City Clerk, 613 E. Broadway, RM 110, Glendale, CA 91206.
Translation services are provided for meetings through the use of bilingual staff for speakers who wish to utilize the service as available. Speakers should state their request by contacting the City Clerk’s office at (818) 548-2090, at least 24 hours prior to the scheduled meeting. Please specify the language for which you require translation. The exclusive use of City provided interpreters is not required and persons are welcome to use their own interpreter or speak in their native language.
JUNE 7, 2022
REVISED
- Item 1e was added
ROLL CALL
1. CLOSED SESSION – 1:00 PM (To Commence at 3:00 PM)
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a. Conference with Legal Counsel – Pending Litigation: Benson v. City of Glendale, L.A.S.C. Case No. 18STCV05002
b. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Aymee Martin, Jason Bradford, Carl Povilaitis, and Laura Kalty. The name of the employee organization is: Glendale Police Officers’ Association c. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Aymee Martin, Jason Bradford, and Silvio Lanzas. The name of the employee organization is: Glendale Management Association d. Public Employment – Attorneys
e. Conference with Real Property Negotiators. Agency negotiators attending the closed session are: Roubik Golanian, Mike Garcia, Gillian van Muyden, John Takhtalian, Peter Zovak, Mike Fortney, Michelle Shahnazarians, and Jason Bradford.
Instructions to the negotiator(s) will concern the price and terms for the acquisition of property.
Property No. 1 Location: 332-346 W. Cerritos and 341 Mira Loma. Negotiating parties:
Kefalonia Holdings, LLC.
Property No. 2 Location: 426 Piedmont Avenue. Negotiating Parties: Berg Senior Services, LLC.
2. REGULAR BUSINESS AGENDA – 6:00 PM
Roll Call
a. Flag Salute: Mayor Kassakhian
b. Invocation: Aram Adjemian, City Clerk
c. Report of City Clerk, re: Posting of Agenda. The Agenda for the June 7, 2022 Regular Meeting of the Glendale City Council was Posted on June 1, 2022 on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, June 14, 2022
4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a. City Clerk, re: Minutes of the Regular City Council meeting of April 12, 2022, May 3, 2022, May 10, 2022, and May 24, 2022 and the Special City Council meetings of February 25, 2021, May 5, 2022, May 10, 2022 at 9:00am, May 10, 2022 at 3:00pm, and May 19, 2022 at 9:00 am and the Joint City Council and Housing Authority meeting of May 10, 2022 and May 24, 2022
b. City Clerk, re: Legal Advertising Contract for the City of Glendale, in Connection with Specification No. 3933
1. Resolution Adopting Specs and Directing the City Clerk to Advertise for Bids c. Glendale Water and Power, re: Extension of Master Services Agreement (MSA) with Crown Castle Fiber, LLC for Dark Fiber and Colocation Services 2 TYPED 6/7/2022 10:34:32 AM
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1. Resolution to dispense with competitive bidding, and authorize the City Manager, or his designee, to amend the Management Services Agreement (MSA) with Crown Castle Fiber, LLC for dark fiber and colocation services extending the term through June 30, 2023, and authorizing three subsequent annual one-year term extension options d. Glendale Water and Power, re: Award of Contract to Maxim Crane Services, LP for Glendale Water & Power (GWP) Crane Rental and Rigging Services
1. Motion authorizing the City Manager, or his designee, to enter into and execute a not to exceed contract in the amount of $600,000 for three years with an option to extend for two years in an additional amount of $400,000 with Maxim Crane Works, LP, for Crane and Rigging Services for Glendale Water & Power (GWP), Specification No. 3906
5. CITY COUNCIL/STAFF COMMENTS
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
7. ADOPTION OF ORDINANCES
a. Management Services, re: AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA AMENDING PORTIONS OF CHAPTER 5.92 OF THE GLENDALE MUNICIPAL CODE, 1995, TO ALLOW FOR THIRD-PARTY ISSUANCE AND OVERSIGHT (Devine, 05/24/2022)
8. ACTION ITEMS
a. Police Department, re: Professional Service Agreement with Pasadena Humane Society for Animal Control Services
1. Motion authorizing the City Manager, or his designee, to execute an agreement with Pasadena Humane Society for animal control services for a five-year period in an amount not to exceed $5,010,464
2. Ordinance for Introduction
b. Public Works, re: One-year contract extension for Parking Citation, Delinquent Collections and Preferential Parking Permit Program Services
1. Resolution dispensing with competitive bidding and authorizing the City Manager or his designee to execute an amendment to contract (#C105754A) with Professional Account Management LLC, an operating entity of Duncan Solutions (Duncan Solutions) for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services extending the duration for one year and increasing the amount by $187,500
9. HEARINGS
10. REPORTS - INFORMATION
11. WRITTEN COMMUNICATIONS
12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
13. NEW BUSINESS
14. ADJOURNMENT
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M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
MAY 10, 2022 AT 6:00 PM
ROLL CALL – All Present
1. CLOSED SESSION – 4:00 P.M.
a. Conference with Legal Counsel – Pending Litigation: Eastman v. City of Glendale, L.A.S.C. Case No. 18STCV05548
b. Conference with Legal Counsel – Pending Litigation: Claim of State Farm, Claim No. 22-0077
c. Conference with Legal Counsel – Pending Litigation: Claim of Tamazyan, Claim No. 22-0093
d. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Aymee Martin, Jason Bradford, Carl Povilaitis, and Laura Kalty. The name of the employee organization is: Glendale Police Officers’ Association City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to Closed Session at 4:02 p.m.
2. REGULAR BUSINESS AGENDA – 6:04 PM
Roll Call – All Present
a. Flag Salute: Council Member Devine
b. Invocation: Aram Adjemian, City Clerk
c. Report of City Clerk, re: Posting of Agenda. The Agenda for the May 10, 2022 Regular Meeting of the Glendale City Council was Posted on May 4, 2022 on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, May 17, 2022 Regular Meetings for May 17 have been cancelled and will resume on May 24, 2022. b. EMS Week Proclamation
Battalion Chief Todd Tucker
c. Older Americans Month Proclamation
Community Services Manager Maggie Kavarian
d. Public Works Week Proclamation
Public Works staff
4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
Item 4b pulled for separate consideration.
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a. City Clerk, re: Minutes of the Regular City Council meeting of April 19, 2022, Special City Council meetings of April 19, 2022, April 26, 2022, May 3, 2022 9:00am, and May 3, 2022 3:00pm
Moved: Agajanian Seconded: Najarian
b. City Attorney, re: City Council Regular Meeting Schedule for the 2022-23 Fiscal Year
1. Motion Establishing City Council Regular Meeting Schedule for the 2022-23 Fiscal Year and Cancelling Specified City Council Meetings
Moved: Najarian Seconded: Agajanian
5. CITY COUNCIL/STAFF COMMENTS
Council Member Brotman asked staff to rectify the situation to install bike lanes between Geneva and Louise on Glenoaks Blvd.; this was approved in the 2012 Bicycle Transportation Plan but was overlooked. Council Member Najarian asked to extend the approved bike lanes all the way to Central Ave. Devine seconded.
Mr. Najarian announced that the month of May is “Bike-to-Work Month,” and May 16-20 is “Bike-to-Work Week.” Metrolink will offer free rides to passengers who bring their bikes that week.
Mayor Kassakhian invited the public to join him on May 14 for a bike ride along Glendale Narrows Riverwalk. He announced that the City Hall will be lit up in turquoise color in support of the American Lung Association to raise lung cancer awareness.
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Setrak Ovanessian
7. ADOPTION OF ORDINANCES
8. ACTION ITEMS
a. Glendale Water and Power, re: Five-Year Service Authorization with McAvoy & Markham Engineering & Sales Co. for Proprietary Advanced Metering Infrastructure (AMI) Electric Meters and Related Components Staff Comment:
Mark Young, General Manager of GWP
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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1. Adopt a Resolution 22-62 to dispense with competitive bidding, and authorize a five-year Service Authorization with McAvoy & Markham Engineering & Sales Co. for the supply of proprietary Itron Electric Meters and related components for an amount not-to-exceed $3,000,000 for the five-year term
Moved: Brotman Seconded: Devine
b. Public Works, re: Fiscal Year 2022-23 SB1 Project List for Senate Bill 1 (SB1), the Road Repair & Accountability Act of 2017
Staff Comment:
Yazdan Emrani, Director of Public Works
Presenting:
Sarkis Oganesyan, Acting Deputy Director of Public Works Public Comment:
Victoria Valentine
1. Resolution 22-63 adopting the Fiscal Year 2022-23 SB1 Project List, the Road Repair & Accountability Act of 2017
Moved: Agajanian Seconded: Brotman
c. Public Works, re: Emergency Power Generator Transfer Switch Upgrades at Police Building
Staff Comment:
Yazdan Emrani, Director of Public Works
1. Resolution 22-64 dispensing with competitive bidding and authorizing the City Manager or a designee to execute a contract with Siemens Industry, Inc.
Russelelectric, A Siemens Business (Russelelectric) in the amount of $240,760.00, plus a 15% contingency ($36,114.00), for a total not-to-exceed contract amount of $276,874.00 for the upgrading of two existing emergency power generator transfer switches at the Police Building Moved: Devine Seconded: Agajanian
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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d. Police Department, re: Brand Standardization of Taser 7 with procurement provided by Axon Enterprise Inc.
Staff Comment:
Andrew Jenks, Police Captain
1. Resolution 22-65 adopting Axon Enterprise Inc.’s Taser 7 as the City's standard for conducted energy devices for the Police Department and dispensing with competitive bidding for the procurement of Taser 7s and related parts, maintenance, and services
Moved: Agajanian Seconded: Najarian
9. HEARINGS
a. Community Development, re: 711 E. Mountain Street – Consideration of Glendale Register Nomination and Request for a Mills Act Historic Property Contract
Hearing opened at 7:00 p.m. and closed at 7:05 p.m.
1. Resolution 22-66 to designate the residential property at 711 E. Mountain Street as a historic resource in the Glendale Register of Historic Resources, as the Berg House, and authorizing the City Manager to enter into a Mills Act Historical Property Contract with the property owner
Moved: Devine Seconded: Agajanian
2. Motion to deny the request of the property owner to designate the residential property at 711 E. Mountain Street as a historic resource on the Glendale Register of Historic
Resources
b. Community Development, re: 1420 Winchester Avenue – Consideration of Glendale Register Nomination
Hearing opened at 7:09 p.m. and closed at 7:50 p.m.
Presenting:
Jay Platt, Principal Planner
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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Staff Comment:
Mike Garcia, City Attorney
Public Comments:
Dennis Greco
Victoria Valentine
1. Resolution to designate the residential property at 1420 Winchester Avenue as a historic resource in the Glendale Register of Historic Resources as the Bolaud House
2. Motion to deny the request of the property owner to designate the residential property at 1420 Winchester Avenue as a historic resource on the Glendale Register of Historic Resources
Moved: Devine Seconded: Najarian
10. REPORTS - INFORMATION
11. WRITTEN COMMUNICATIONS
12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
Edwin
Victoria Valentine
13. NEW BUSINESS
14. ADJOURNMEN- 8:05 p.m.
Moved: Agajanian Seconded: Najarian
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian
Kassakhian
None
None
Mayor of the City of Glendale
City Clerk of the City of Glendale
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M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
MAY 24, 2022 AT 6:00 PM
ROLL CALL – All Present
1. CLOSED SESSION – 3:36 p.m.
a.Conference with Legal Counsel – Pending Litigation: Crown Castle Fiber LLC v.
City of Glendale, et al., U.S.D.C. Case No. CV 10-08518ODW JCx b.Conference with Legal Counsel – Pending Litigation: Benson v. City of Glendale, L.A.S.C. Case No. 18STCV05002
c.Public Employment – Principal Assistant City Attorney d.Conference with Legal Counsel – Pending Litigation: Gharibian v. City of Glendale, L.A.S.C. Case No. BC723157
e.Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Aymee Martin, Jason Bradford, Carl Povilaitis, and Laura Kalty. The name of the employee organization is: Glendale Police Officers’ Association f.Conference with real property negotiators: Property location – Real property generally located at the terminus of New York Avenue near Park Vista Drive, commonly referred to as “Mountain Oaks.” Negotiating parties: F.E. & M. Inc.
Employee’s Defined Contribution Plan Trust dated July 10, 1984. Agency negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Silvio Lanzas, Jason Bradford, Christine Powers and Onnig Bulanikian. Instructions to the negotiator(s) will concern the price and terms for the acquisition of property
g.Conference with Legal Counsel - Pending Litigation: F.E. & M. Inc. Employee’s Defined Contribution Plan Trust dated July 10, 1984 v. City of Glendale et al., L.A.S.C. Case No. BS16989
City Attorney Mike Garcia indicated that action is anticipated on items 1a and 1c. Council recessed to Closed Session at 3:38 p.m.
2. REGULAR BUSINESS AGENDA – 6:00 PM
Roll Call – All Present
a.Flag Salute: Mayor Kassakhian
b.Invocation: Aram Adjemian, City Clerk
c.Report of City Clerk, re: Posting of Agenda. The Agenda for the May 24, 2022 Regular Meeting of the Glendale City Council was Posted on May 17, 2022 on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a.Agenda Preview for the Meetings of Tuesday, May 31, 2022 Regular meetings for May 31 have been cancelled and will resume on June 7, 2022. 9 of 163
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b.Proclamation Designating May 2022 as Asian American and Pacific Islander Heritage Month
Stephanie Lee, Panda Restaurant Group
c.Proclamation Designating June 2022 as Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month
Representatives from Glendale OUT and The Gay and Lesbian Armenian Society
4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
Item 4c pulled for separate consideration.
a.Glendale Water and Power, re: Amendment to the City’s Existing Contract with Magellan Advisors, LLC for the Purpose of Securing Grant Funding for the Fiber Optic Broadband Network Project, and the Wireless Service Expansion initiative
1. Motion authorizing the City Manager, or his designee, to amend the existing Professional Services Agreement (PSA) with Magellan Advisors, LLC in the amount of $250,000 for grant funding consultancy to secure grant funding for the Fiber Optic Network Expansion project and the Wireless Service Expansion initiative Moved: Agajanian Seconded: Brotman
b.Glendale Water and Power, re: Professional Services Agreement (PSA) with Insight Public Sector, Inc.
1. Motion authorizing the City Manager, or his designee, to enter into a four-year Professional Services Agreement (PSA) with Insight Public Sector Inc. to provide Glendale Water and Power (GWP) with remote infrastructure and security monitoring, managed and professional services, and additional direct IT support in the amount of $1,495,300, plus an additional $40,000 for 200 hours of Direct Information Technology (IT) support and advanced specialized services for GWP for a total not-to exceed amount of $1,535,300 per year for four years, with the option for two additional oneyear terms as approved in said year’s budget Moved: Agajanian Seconded: Brotman
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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c.Public Works, re: Adopt the Plans and Specifications for the Rectangular Rapid Flashing Beacon (RRFB) Installation Phase 2 Project
Staff Comment:
Yazdan Emrani, Director of PW
1. Resolution 22-69 adopting the Plans and Specification for the Rectangular Rapid Flashing Beacon (RRFB) Installation Phase 2 Project, Specification No. 3927, Plan Nos. 50-688, 50-689, 50-690; and directing the City Clerk to advertise for bids Moved: Devine Seconded: Agajanian
d.Public Works, re: Contract Award for the Corporation Yard Exterior Painting Project, per Specification No. 3915
1. Motion awarding a Contract to Polychrome Construction, Inc., for the Corporation Yard Exterior Painting Project and authorizing the City Manager or his designee to execute the contract in the amount of $117,000, plus a 10% contingency of $11,700 Moved: Agajanian Seconded: Brotman
5. CITY COUNCIL/STAFF COMMENTS
Mayor Kassakhian and council members provided their sentiments on the mass shooting that happened yesterday at an elementary school in Uvalde, Texas.
Council Member Devine attended the following events: first job fair by Community Services and Parks Department in collaboration with Homenetmen Ararat Chapter and EMS Week Celebration. She announced that the Anteaus Theatre is now open.
Council Member Brotman was a judge for senior projects at Clark Magnet High School. He participated in the Martin Luther King Peace March. Mr. Brotman announced that the City of Glendale entered into a public benefit agreement to convert multi-family properties to workforce housing and preferences will be provided to applicants employed by the City, GUSD, and/or GCC.
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Cars for Cops
7. ADOPTION OF ORDINANCES
Ayes:
Noes:
Absent:
Abstain
:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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8. ACTION ITEMS
a.Management Services, re: Authorization for Participation in the Transformative Climate Communities Grant Program
Staff Comments:
Roubik Golanian, City Manager
Bryan Salazar, Administrative Analyst/ Electrical Engineering Presenting:
Elizabeth Harris, Administrative Associate/Sustainability
1. Resolution 22-70 authorizing staff to apply for and to accept a Transformative Climate Communities Grant from the State of California and Authorizing the City Manager, or his/her designee to execute all required documentation for the Grant if awarded
Moved: Agajanian Seconded: Devine
b.Glendale Water and Power, re: Contract Award to West Coast Arborists, Inc., to provide Power Line Clearance Tree Trimming and Removal Services for Glendale Water & Power (GWP), Specification No. 3847
Staff Comment:
Roubik Golanian, City Manager
Presenting:
Daniel Scorza, Chief Assistant General Manager – Electric Public Comment:
Edwin
1. Motion authorizing the City Manager, or his designee, to enter into and execute a contract with West Coast Arborists, Inc., to furnish equipment and labor for Power Line Clearance Tree Trimming and Removal Services under Specification No. 3847 in the amount of $4,844,130 for three years plus a 15% contingency of $726,620 with an option to extend this contract for two additional one-year terms at $1,614,710 plus a 15% contingency per year
Moved: Devine Seconded: Agajanian
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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c.Public Works, re: Purchase Order Contract for One Madvac LS125 Electric Vacuum Sweeper
Staff Comment:
Roubik Golanian, City Manager
Presenting:
Shea Eccleston-Banwer, Senior Public Works Manager
1. Resolution 22-71 dispensing with competitive bidding and authorizing the Deputy Director of Finance/Purchasing to execute a purchase order contract with Haaker Equipment Co. for the purchase of one Madvac LS125 electric vacuum sweeper and reserving a 10 percent contingency
Moved: Agajanian Seconded: Devine
2. Resolution 22-72 of appropriation from the Refuse Disposal Fund to provide adequate funding for this recommended procurement
Moved: Agajanian Seconded: Devine
d.Management Services, re: Film Permit Operation
Staff Comments:
Roubik Golanian, City Manager
John Takhtalian, Deputy City Manager
Presenting:
Elena Bolbolian, Chief Innovation Officer
Public Comment:
Donna Washington, Film LA
1. Ordinance for introduction amending portions of GMC Chapter 5.92 to allow for third- party issuance and oversight of film permits
Ordinance Introduced by: Devine
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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2. Resolution 22-73 removing certain fees from Citywide fee schedule related to film permits
Moved: Devine Seconded: Brotman
9. HEARINGS
a.Community Development, re: Consideration of Ordinances Amending the Downtown Specific Plan (DSP) and Title 30 of the Glendale Municipal Code, 1995, Regarding Miscellaneous Clean-Ups and Minor Amendments (General Plan Amendment Case No. PGPA2205740 and Zoning Code Text Amendment Case No.
PZC2205401)
Hearing opened at 7:30 p.m. and closed at 7:20 p.m.
Staff Comments:
Roubik Golanian, City Manager
Mike Garcia, City Attorney
Presenting:
Vilia Zemaitaitis, Principal Planner
1. Ordinance for Introduction Amending the Downtown Specific Plan (DSP) Ordinance Introduced by: Agajanian
2. Ordinance for Introduction Amending Title 30
Ordinance Introduced by: Agajanian
10. REPORTS – INFORMATION
11. WRITTEN COMMUNICATIONS
12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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13. NEW BUSINESS
a.Motion to appoint Yvette Neukian as Principal Assistant City Attorney for the City of Glendale
Moved: Brotman Seconded: Najarian
b.Motion to Compromise and Settle the Litigation entitled Crown Castle Fiber LLC v.
The City of Glendale, et al., Case No. CV 19-08518ODW JCx Moved: Devine Seconded: Agajanian
14. 15.
16. ADJOURNMENT – 8:00 p.m.
Moved: Devine Seconded: Najarian
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Mayor of the City of Glendale
City Clerk of the City of Glendale
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M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
MAY 3, 2022 AT 6:00 PM
ROLL CALL – All Present
1. CLOSED SESSION – 4:40 p.m.
a. Conference with Legal Counsel – Pending Litigation: Salazar v. City of Glendale, L.A.S.C. Case No. BC700257
b. Conference with Legal Counsel – Pending Litigation: State Farm v. City of Glendale, et al., L.A.S.C. Case No. 21GDCV00229
c. Conference with Legal Counsel – Pending Litigation: Sayadyan v. City of Glendale, L.A.S.C. Case No. 19STCV14065
d. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Aymee Martin, Jason Bradford, Carl Povilaitis, and Laura Kalty. The name of the employee organization is: Glendale Police Officers’ Association e. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, Aymee Martin, Jason Bradford, and Silvio Lanzas. The name of the employee organization is:
Glendale Management Association
City Attorney Mike Garcia indicated that action is anticipated on item 1b. Council recessed to closed session at 4:42 p.m.
2. REGULAR BUSINESS AGENDA – 6:09 PM
Roll Call – All Present
a. Flag Salute: Council Member Agajanian
b. Invocation: Aram Adjemian, City Clerk
c. Report of City Clerk, re: Posting of Agenda. The Agenda for the May 3, 2022 Regular Meeting of the Glendale City Council was Posted on April 27, 2022, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, May 10, 2022 Deputy City Manager John Takhtalian provided the preview. b. Building and Safety Month Proclamation
Permit Services Administrator Joseph Rodarte
c. Lupus Awareness Month Proclamation
Jenni Serokin and Matthew Scelza
4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
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a. City Clerk, re: Minutes of the Regular City Council meeting of April 5, 2022 and April 12, 2022
Moved: Agajanian Seconded: Devine
b. Glendale Water and Power, re: Construction Contract for the Feeder Reconstruction for 12kV Operation - Time and Equipment Project
1. Motion authorizing the City Manager, or his designee, to enter into and execute a three-year contract with Hot Line Construction, Inc., for the Feeder Reconstruction for 12kV Operation - Time and Equipment Project, Specification No. 3875, in the amount of $6,340,890 plus a ten percent (10%) contingency in the amount of $634,089 per year for a total not-to-exceed amount of $19,022,670, plus a total contingency of $1,902,267, with an option to extend the contract for two additional one-year terms at $ 6,340,890 per year Moved: Agajanian Seconded: Devine
5. CITY COUNCIL/STAFF COMMENTS
Council Member Devine attended the following Events: Homenetmen Ararat Chapter Table Tennis Tournament and Armenian Relief Society Gala Fundraiser.
Council Member Brotman greeted an advance Happy Mother’s Day to all mothers. He spoke about the Smart Home Upgrade program.
Mayor Kassakhian spoke about the Islamic Holiday Ramadan and greeted a Happy Mother’s day to all mothers. He attended and commended staff for the following Events: sold-out documentary on the war on Artsakh, Commemoration of the Armenian Genocide in the Alex Theatre, Ararat Tennis Tournament, Kiwanis Duck Splash in Verdugo Park, CV Hometown Country Fair, and YMCA 100th Anniversary – where they unveiled a 25-year-old time capsule. He asked staff to bring back incentives to residents to replace lawn with drought-resistant flora. Seconded by Brotman.
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Aram Stepanian – caller
Larry Morhouse – in-person
Herbert Molano – caller
Edwin
7. ADOPTION OF ORDINANCES
a. Community Development, re: AN ORDINANCE 5988 OF THE COUNCIL OF THE CITY OF
GLENDALE, CALIFORNIA AUTHORIZING AND APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND SAS ENTERTAINMENT PARTNERS, INC., FOR THE LEASE OF THE ALEX THEATRE AT 216 NORTH BRAND BOULEVARD
(AGAJANIAN, 4/9/2022)
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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Moved: Agajanian Seconded: Najarian
Staff Comments:
Mike Garcia, City Attorney
Gillian van Muyden, Chief Asst. City Attorney
Roubik Golanian, City Manager
Bradley Calvert, Asst. Director of Community Development
8. ACTION ITEMS
a. Glendale Water and Power, re: Addition of Eight (8) Permanent Full-Time Employees to Glendale Water & Power’s Underground Distribution Construction Mechanic Crew Staff Comment:
Roubik Golanian, City Manager
1. Motion authorizing the addition of eight (8) permanent full-time employees to Glendale Water and Power’s Underground Distribution Construction Mechanic crew Moved: Najarian Seconded: Agajanian
.
9. HEARINGS
a. Community Development, re: 1639 Santa Barbara Avenue: Consideration of Glendale Register Nomination and Request for a Mills Act Historic Property Contract Hearing opened at 7:05 p.m. and closed at 7:13 p.m.
Staff Comments:
Roubik Golanian, City Manager
Mike Garcia, City Attorney
Presenting:
Kasey Conley, Planning Associate/Historic Preservation
Public Comment:
Mary Anne Seward
1. Resolution 22-59 to designate the residential property at 1639 Santa Barbara Avenue as a historic resource on the Glendale Register of Historic Resources and authorizing the City Manager to enter into a Mills Act Historical Property Contract with the owner of the property
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Devine, Najarian, Kassakhian
Brotman
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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Moved: Devine Seconded: Agajanian
2. Motion to deny the request of the property owner to designate the residential property at 1639 Santa Barbara Avenue as a historic resource on the Glendale Register of Historic Resources
b. Community Development, re: 1559 Grandview Avenue: Consideration of Glendale Register Nomination and Request for a Mills Act Historic Property Contract Hearing opened at 7:14 p.m. and closed at 7:19 p.m.
Presenting:
Kasey Conley, Planning Associate/Historic Preservation
Public Comment:
Robert Navaro
1. Resolution 22-60 to designate the residential property at 1559 Grandview Avenue as a historic resource on the Glendale Register of Historic Resources and authorizing the City Manager to enter into a Mills Act Historical Property Contract with the owner of the property
Moved: Devine Seconded: Agajanian
2. Motion to deny the request of the property owner to designate the residential property at 1559 Grandview Avenue as a historic resource on the Glendale Register of Historic Resources
10. REPORTS - INFORMATION
11. WRITTEN COMMUNICATIONS
12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
Leo K.
Karen Kwak
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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13. NEW BUSINESS
a. Motion to Authorized to Resolve the Lawsuit Entitled State Farm Mutual Automobile Insurance Company v. City of Glendale, Case No. 21GDCV00229 in Exchange for a Full Release of All Claims in the Amount of $80,000. This Settlement is not an Admission of Liability whatsoever for any wrongdoing with respect to the Plaintiff and Defendant or by any person of Department, but is the Compromise of a Disputed Claim.
Moved: Najarian Seconded: Agajanian
14. ADJOURNMENT – 7:27 p.m.
Moved: Devine Seconded: Brotman
Mayor of the City of Glendale
City Clerk of the City of Glendale
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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M I N U T E S
SPECIAL MEETING: GLENDALE CITY COUNCIL
VIA TELECONFERENCE ONLY
613 E. Broadway, 2nd Floor
Glendale, CA 91206
FEBRUARY 25, 2021
The Special Meeting of the Glendale City Council convened via Teleconference Only, in said City, at 2:05 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
February 22, 2021
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 2:00 PM on Thursday, February 25, 2021 to consider the following item(s) of business, to wit;
1. CLOSED SESSION
Public Employee Appointment – City Manager
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Upon Dan Brotman at 5:00 p.m. February 22, 2021 Glendale, CA Upon Paula Devine at 5:00 p.m. February 22, 2021 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. February 22, 2021 Glendale, CA Upon Ara Najarian at 5:00 p.m. February 22, 2021 Glendale, CA Upon Vrej Agajanian at 5:00 p.m. February 22, 2021 Glendale, CA Mayor Agajanian called the meeting to order at 2:05 p.m.
ROLL CALL
- All Present
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Thursday, February 25, 2021 Special Public Meeting of the City Council was posted on February 22, 2021 on the Bulletin Board Outside City Hall.
1. CLOSED SESSION
Public Employee Appointment – City Manager
City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to Closed Session at 2:08 p.m.
ADJOURNMENT by Consensus – 5:00 p.m.
Mayor of the City of GlendaleCity Clerk of the City of Glendale 4A
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4A
M I N U T E S
SPECIAL MEETING: GLENDALE CITY COUNCIL
COUNCIL CHAMBERS 613 E. Broadway, 2nd Floor Glendale, CA 91206 MAY 10, 2022
The Special Meeting of the Glendale City Council convened in the Council Chambers, in said City, at 3:05 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
May 4, 2022
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 3:00 PM on Tuesday, May 10, 2022, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. Libraries, Arts, and Culture, re: City-Wide Public Art Artsakh Avenue Ground level Sculpture Public Art Piece
a. Motion authorizing the City Manager, or a designee, to enter into an Agreement for Commission of Artwork— subject to approval by the City Attorney— with Forma Studio, in an amount not to exceed $100,000 dispersed from the Urban Art Fund, to design, fabricate, and install a public art piece entitled, “Tamit Gohar,” for the Artsakh Avenue Ground level Sculpture Public Art Piece
2. Libraries, Arts, and Culture, re: City-Wide Public Art Landmarks - Artsakh Avenue Gateway Public Art Piece
a. Motion authorizing the City Manager, or a designee, to enter into an Agreement for Commission of Artwork— subject to approval by the City Attorney— with Paul Cocksedge Studio, in an amount not to exceed $550,000 dispersed from the Urban Art Fund, to design, fabricate, and install a public art piece entitled, “Curtain,” for the Artsakh Avenue Gateway Public Art Piece
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Mayor Kassakhian called the meeting to order at 3:05 p.m.
ROLL CALL
-All Present
-Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, May 10, 2022 Special Public Meeting of the City Council was posted on May 4, 2022 on the Bulletin Board Outside City Hall.
Upon Vrej Agajanian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Dan Brotman at 5:00 p.m. May 4, 2022 Glendale, CA
Upon Paula Devine at 5:00 p.m. May 4, 2022 Glendale, CA Upon Ara Najarian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. May 4, 2022 Glendale, CA 22 of 163
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1. Libraries, Arts, and Culture, re: City-Wide Public Art Artsakh Avenue Ground level Sculpture Public Art Piece
Staff Comment:
Roubik Golanian, City Manager
Presenting:
Gary Shaffer, Director of Libraries, Arts, and Culture
Beau Basse, Consultant
Public Comment:
Joe Russin
a. Motion authorizing the City Manager, or a designee, to enter into an Agreement for Commission of Artwork— subject to approval by the City Attorney— with Forma Studio, in an amount not to exceed $100,000 dispersed from the Urban Art Fund, to design, fabricate, and install a public art piece entitled, “Tamit Gohar,” for the Artsakh Avenue Ground Level Sculpture Public Art Piece
Moved: Brotman Seconded: Najarian
2. Libraries, Arts, and Culture, re: City-Wide Public Art Landmarks - Artsakh Avenue Gateway Public Art Piece
Presenting:
Beau Basse, Consultant
Public Comment:
Joe Russin
a. Motion authorizing the City Manager, or a designee, to enter into an Agreement for Commission of Artwork— subject to approval by the City Attorney— with Paul Cocksedge Studio, in an amount not to exceed $550,000 dispersed from the Urban Art Fund, to design, fabricate, and install a public art piece entitled, “Curtain,” for the Artsakh Avenue Gateway Public Art Piece
Moved: Brotman Seconded: Devine
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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Adjournment – 4:00 p.m.
Moved: Devine Seconded: Agajanian
Mayor of the City of Glendale
City Clerk of the City of Glendale
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4A
M I N U T E S
SPECIAL MEETING: GLENDALE CITY COUNCIL
COUNCIL CHAMBERS 613 E. Broadway, 2nd Floor Glendale, CA 91206 MAY 10, 2022 AT 9:00 AM
The Special Meeting of the Glendale City Council convened in the Council Chambers, in said City, at 9:05 a.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
May 4, 2022
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 9:00 AM on Tuesday, May 10, 2022, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. FY 2022-23 Budget Study Session 4 – Public Safety: Fire and Police Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Mayor Kassakhian called the meeting to order at 9:00 a.m.
ROLL CALL
-All Present
-Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, May 10, 2022 Special Public Meeting of the City Council was posted on May 4, 2022 on the Bulletin Board Outside City Hall.
1. FY 2022-23 Budget Study Session 4 – Public Safety: Fire and Police Presenting:
Roubik Golanian, City Manager
Staff Comments:
Carl Povilaitis, Police Chief
Silvio Lanzas, Fire Chief/Deputy City Manager
Public Comment:
David Eisenberg
Upon Vrej Agajanian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Dan Brotman at 5:00 p.m. May 4, 2022 Glendale, CA
Upon Paula Devine at 5:00 p.m. May 4, 2022 Glendale, CA Upon Ara Najarian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. May 4, 2022 Glendale, CA 25 of 163
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Adjournment – 10:31 a.m.
Moved: Agajanian Seconded: Devine
Mayor of the City of Glendale
City Clerk of the City of Glendale
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4A
M I N U T E S
SPECIAL MEETING: GLENDALE CITY COUNCIL
COUNCIL CHAMBERS 613 E. Broadway, 2nd Floor Glendale, CA 91206 MAY 5, 2022 AT 9:00 AM
The Special Meeting of the Glendale City Council convened in the Council Chambers, in said City, at 9:04 a.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
May 3, 2022
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 9:00 AM on Thursday, May 5, 2022, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. FY 2022-23 Budget Study Session 3 – Infrastructure: Public Works and Glendale Water and Power
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Mayor Kassakhian called the meeting to order at 9:04 a.m.
ROLL CALL
-All Present
-Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Thursday, May 5, 2022 Special Public Meeting of the City Council was posted on May 3, 2022 on the Bulletin Board Outside City Hall.
1. FY 2022-23 Budget Study Session 3 – Infrastructure: Public Works and Glendale Water and Power
Staff Comments:
Gary Shaffer, Director of Libraries, Arts, and Culture
Yazdan Emrani, Director of PW
Craig Kuennen, Assistant General Manager/Business Services Daniel Scorza, Chief Assistant General Manager – Electric Herbert Garcia, Public Benefits Charge Marketing Manager Michael De Ghetto, Chief Assistant General Manager
Presenting:
Roubik Golanian, City Manager
Upon Vrej Agajanian at 5:00 p.m. May 3, 2022 Glendale, CA Upon Dan Brotman at 5:00 p.m. May 3, 2022 Glendale, CA
Upon Paula Devine at 5:00 p.m. May 3, 2022 Glendale, CA Upon Ara Najarian at 5:00 p.m. May 3, 2022 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. May 3, 2022 Glendale, CA 27 of 163
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Public Comment:
David Eisenberg
ADJOURNMENT – 11:11 a.m.
Moved: Kassakhian Seconded: Najarian
Mayor of the City of Glendale
City Clerk of the City of Glendale
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M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
APRIL 12, 2022 AT 6:00 PM
ROLL CALL
1. CLOSED SESSION – 5:01 p.m.
a. Conference with Legal Counsel – Pending Litigation: Badalyan v. City of Glendale, U.S.D.C. Case No. 20cv08089 JWH-JEM
City Attorney Mike Garcia indicated that action is anticipated. Council recessed to Closed Session at 5:02 p.m.
2. REGULAR BUSINESS AGENDA – 6:05 PM
Roll Call – All Present
a. Flag Salute: Christina Kazazian-Wilson, Fire Communications Shift Supervisor b. Invocation: Aram Adjemian, City Clerk
c. Report of City Clerk, re: Posting of Agenda. The Agenda for the April 12, 2022 Regular Meeting of the Glendale City Council was Posted on April 5, 2022 on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, April 19, 2022 Deputy City Manager John Takhtalian provided the preview. b. Proclamation National Public Safety Telecommunicators Week Fire Communications Shift Supervisor Christina Kazazian-Wilson Police Lt. Joshua Wofford and Fire Battalion Chief Philip Ambrose
4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
Items 4b, 4d, and 4e pulled for separate consideration. a. City Clerk, re: Minutes of the Regular City Council meeting of March 22, 2022 and the Special City Council meeting of March 22, 2022
Moved: Agajanian Seconded: Brotman
Vote as Follows
4A
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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b. Community Development, re: Authorization of Amendments to the Professional Services Agreement with Crandall Arambula for the West Glendale Sustainable Transportation and Land Use Study Regarding the Multi-Family, Mixed-Use, and Tropico Center Plan Objective Design Criteria Projects Utilizing SB 2 Grant Funding
1. Motion Authorizing the City Manager, or his Designee, to Execute an Amendment to the Professional Services Agreement between the City of Glendale and Crandall Arambula for the West Glendale Sustainable Transportation and Land Use Study to Increase the Contract Amount by $102,000, for a New Maximum Not-to-Exceed Total of $676,320
Moved: Agajanian Seconded: Brotman
Vote as Follows
c. Public Works, re: Dedication and Acceptance of City Property for Public Alley and Street Purposes into the City Street System
1. Resolutions 22-46 dedicating a portion of Central Park for Public Street and Alley Purposes and accepting same into the City Street System – a part of Colorado Street (Formerly Sixth Street), Easterly of Alley 58, and Westerly of Louise Street (Formerly L Street)
Moved: Agajanian Seconded: Brotman
Vote as Follows
2. Resolution 22-61 dedicating a portion of Central Park for Public Street and Alley Purposes and accepting same into the City Street System – a part of Alley 58 being the First Alley Easterly of Brand Blvd, Northerly of Colorado Street (formerly Sixth Street) and Southerly of Harvard Street (formerly Fifth Street) Moved: Agajanian Seconded: Brotman
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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Items 4d and 4e read together.
d. Public Works, re: Adopt Plans and Specifications for the Maintenance District 6 Pavement Rehabilitation Phase I Project
Staff Comment:
Sarkis Oganesyan, Principal Civil Engineer
Public Comment:
Herbert Molano
1. Resolution 22-47 adopting the Plans and Specifications for the Maintenance District 6 Pavement Rehabilitation Phase I Project, Specification No. 3876, Plan Nos. 1-3086, 3-1582, 49-254; and directing the City Clerk to Advertise for Bids Moved: Devine Seconded: Brotman
Vote as Follows
e. Public Works, re: Adopt Plans and Specifications for the Broadway Rehabilitation Project
Staff Comments:
Sarkis Oganesyan, Principal Civil Engineer
Yazdan Emrani, Director of Public Works
Mike Garcia, City Attorney
1. Resolution 22-48 adopting the Plans and Specifications for the Broadway Rehabilitation Project, Specification No. 3785, Plan Nos. 1-3057, 49-242, 50-691, 50-692, 50-693; and directing the City Clerk to Advertise for Bids Moved: Brotman Seconded: Devine
Vote as Follows
5. CITY COUNCIL/STAFF COMMENTS
Council Member Devine congratulated the Glendale Library, Arts, & Culture for being a finalist in the Institute of Museum and Library Services – federal department, out of 15 libraries in the nation chosen. She thanked Congressman Adam Schiff for selecting the Verdugo Regional Crime Lab to receive a grant for expansion. She attended the following Events: Glendale Education Foundation Gala and Montrose Wine Walk. She asked staff for a report on the diversion of horse manure from the rancho stables to go to Griffith Park instead of the landfill. Brotman seconded. There is an opening for the Transportation and Parking Commission and asked the public who are interested to submit their application in the City Clerk’s Office. She wished everyone a Happy Easter and a Blessed Passover.
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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Motion to reconsider Item 4e
Moved: Najarian Seconded: Devine
Vote as Follows
Council Member Brotman asked staff to look into code amendments that will allow parking areas for outdoor dining. Devine seconded.
Council Member Najarian announced that Metrolink is offering free rides on Earth Day on April 22.
Mayor Kassakhian congratulated Glendale Community College for naming their new Superintendent President Ryan Cornner; Shant Sahakian for being a Delegate Assembly Member for the California Schools Board Association; and the honorees by the Glendale Educational Foundation for their annual award ceremony. So many events this past weekend including the “Made in Armenia” Festival and Glendale Community College Teen Internship Pilot Project. He announced that the elections are coming up and the public can visit glendalevotes.org for more information. Lastly, on April 24 there will be an Annual Armenian Genocide Commemoration Event.
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Joshua Christensen
Edwin
7. ADOPTION OF ORDINANCES
8. ACTION ITEMS
a. Police Department, re: Police Department Specialized Equipment Use Policy Staff Comment:
Joshua Wofford, Police Lieutenant
1. Urgency Ordinance for Introduction
Ordinance Introduced by: Agajanian
Item pulled from agenda.
b. Management Services, re: Consideration of a Public Monument in Recognition of the Armenian Genocide
1. Motion to Approve the Acceptance and Installation of the Monument by the Consulate General of Armenia, to be Located at the Central Library, 222 E.
Harvard St.
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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c. Public Works, re: Request for Proposals for the Design and Build of the Removal of the Underground Storage Tanks at Ginger Bremberg Integrated Waste Management Yard Project
Staff Comment:
Yazdan Emrani, Director of PW
1. Resolution 22-49 authorizing the Director of Public Works, or a designee, to issue a Request for Proposals (RFP) using the Design-Build Project Delivery Method for the Removal of Underground Storage Tanks at Ginger Bremberg Integrated Waste Management Yard Project, and authorizing the Director of Public Works to solicit for proposals
Moved: Devine Seconded: Agajanian
Vote as Follows
9. HEARINGS
10. REPORTS - INFORMATION
a. Organics Recycling Update
Staff Comment:
Roubik Golanian, City Manager
Presenting:
Yazdan Emrani, Director of PW
11. WRITTEN COMMUNICATIONS
12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
Liz Radley
13. NEW BUSINESS
Motion to Resolve the Lawsuit Entitled Mikayel Badalyan v. City of Glendale, et al., in Exchange for a Full Release of Claims in the Amount of $50,000 Moved: Najarian Seconded: Agajanian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Devine, Najarian, Kassakhian
None
None
None
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14. ADJOURNMENT – 7:40 p.m.
Moved: Agajanian Seconded: Brotman
Mayor of the City of Glendale
City Clerk of the City of Glendale
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SPECIAL MEETING: GLENDALE CITY COUNCIL
COUNCIL CHAMBERS 613 E. Broadway, 2nd Floor Glendale, CA 91206 TELECONFERENCE LOCATION: MAYOR KASSAKHIAN Conference Room located at 7100 Aviara Resort Dr. Carlsbad, CA 92011
MAY 19, 2022 AT 9:00 AM
The Special Meeting of the Glendale City Council convened in the Council Chambers, in said City, at 9:05 a.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
May 16, 2022
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 9:00 AM on Thursday, May 19, 2022, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. FY 2022-23 Budget Study Session 5 – Supporting Departments: Administrative Services – Finance, Human Resources, City Clerk, City Attorney, City Manager, Information Technology, and City Treasurer
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Mayor Kassakhian called the meeting to order at 9:05 a.m.
ROLL CALL
-All Present
-Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Thursday, May 19, 2022 Special Public Meeting of the City Council was posted on May 16, 2022 on the Bulletin Board Outside City Hall.
1. FY 2022-23 Budget Study Session 5 – Supporting Departments: Administrative Services – Finance, Human Resources, City Clerk, City Attorney, City Manager, Information Technology, and City Treasurer
Presenting:
Roubik Golanian, City Manager
Staff Comments:
Carl Povilaitis, Police Chief
Jason Bradford, Director of Finance/Information Technology Aymee Martin, Assistant Director of Human Resources
Mike Garcia, City Attorney
Upon Vrej Agajanian at 5:00 p.m. May 16, 2022 Glendale, CA Upon Dan Brotman at 5:00 p.m. May 16, 2022 Glendale, CA Upon Paula Devine at 5:00 p.m. May 16, 2022 Glendale, CA Upon Ara Najarian at 5:00 p.m. May 16, 2022 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. May 16, 2022 Glendale, CA 35 of 163
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Public Comment:
Herbert Molano
Kassakhian asked staff to provide a report on having a Charter Review Committee. Brotman seconded. He asked for a regular review of City Manager and City Attorney. Brotman and Devine seconded.
Adjournment – 11:18 a.m.
Moved: Agajanian Seconded: Najarian
Mayor of the City of Glendale
City Clerk of the City of Glendale
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SPECIAL JOINT CITY COUNCIL AND HOUSING AUTHORITY MEETING COUNCIL CHAMBERS 613 E. Broadway, 2nd Floor Glendale, CA 91206 MAY 10, 2022
The Joint Meeting of the Glendale City Council and Glendale Housing Authority convened in the City Hal Council Chambers, in said City, at 4:02 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
May 4, 2022
Date
A SPECIAL JOINT PUBLIC MEETING of the City Council and Housing Authority is hereby called to meet at 3:00 PM on Tuesday, May 10, 2022, in the Council Chamber, 613 E.
Broadway, 2nd Floor, Glendale, CA 91206 to Consider the Following Item(s) of Business, to wit;
1. CLOSED SESSION
a. Conference with real property negotiators. Agency negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Jason Bradford, Onnig Bulanikian, Mark Berry, Peter Zovak, Mike Fortney, and Michelle Shahnazarians. Instructions to the negotiator(s) will concern the price and terms for the acquisition of real property.
Property No. 1 Location: 811 E. Colorado Street. Negotiating parties: 2B Inc.
Property No. 2 Location: 332-346 W. Cerritos and 341 Mira Loma. Negotiating parties:
Kefalonia Holdings, LLC.
Property No. 3 Location: 426 Piedmont Avenue. Negotiating Parties: Berg Senior Services, LLC
Property No. 4 Location: 707-725 E. Colorado Street. Negotiating Parties: Christopher & Nicolette LLC
Property No. 5 Location: 6530 San Fernando Road and 1009 Winchester Avenue.
Negotiating Parties: Stamos Family Trust
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Upon Robert Adjinian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Vrej Agajanian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Dan Brotman at 5:00 p.m. May 4, 2022 Glendale, CA
Upon Ardy Kassakhian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Ara Najarian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Laura Parazian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Paula Devine at 5:00 p.m. May 4, 2022 Glendale, CA Mayor Kassakhian called the meeting to order at 3:10 p.m. 37 of 163
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ROLL CALL
-Absent: Adjinian and Parazian arrived at 4:04 p.m.
-Report of the City Clerk of the City Council and Housing Authority, re: Posting of Agenda. The Agenda for the Tuesday, May 10, 2022 special joint public meeting of the City Council and Housing Authority was posted on May 4, 2022 on the Bulletin Board outside City Hall.
1. CLOSED SESSION
a. Conference with real property negotiators. Agency negotiators attending the closed session are: Roubik Golanian, Michael J. Garcia, Gillian van Muyden, John Takhtalian, Jason Bradford, Onnig Bulanikian, Mark Berry, Peter Zovak, Mike Fortney, and Michelle Shahnazarians. Instructions to the negotiator(s) will concern the price and terms for the acquisition of real property.
Property No. 1 Location: 811 E. Colorado Street. Negotiating parties: 2B Inc.
Property No. 2 Location: 332-346 W. Cerritos and 341 Mira Loma. Negotiating parties:
Kefalonia Holdings, LLC.
Property No. 3 Location: 426 Piedmont Avenue. Negotiating Parties: Berg Senior Services, LLC
Property No. 4 Location: 707-725 E. Colorado Street. Negotiating Parties: Christopher & Nicolette LLC
Property No. 5 Location: 6530 San Fernando Road and 1009 Winchester Avenue.
Negotiating Parties: Stamos Family Trust
City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to Closed Session at 4:05 p.m.
ADJOURNMENT by Consensus – 8:05 p.m.
Mayor of the City of Glendale
City Clerk of the City of Glendale
Chair of the Glendale Housing Authority
Clerk of the Glendale Housing Authority
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JOINT MEETING: GLENDALE CITY COUNCIL AND GLENDALE HOUSING AUTHORITY COUNCIL CHAMBERS 613 E. Broadway, 2nd Floor Glendale, CA 91206 MAY 24, 2022
The Joint Meeting of the Glendale City Council and Glendale Housing Authority convened in the City Hal Council Chambers, in said City, at 2:04 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
May 17, 2022
Date
A JOINT PUBLIC MEETING of the City Council and Housing Authority is hereby called to meet at 2:00 PM on Tuesday, May 24, 2022, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to Consider the Following Item(s) of Business, to wit;
1.Community Services and Parks, re: Acceptance of grant funds from the U.S.
Department of Housing and Urban Development for the 2021 Continuum of Care Program; and City of Glendale’s 2022 Homeless Point-in-Time Count a.Council Motion approving acceptance of grant funds in the amount of $2,741,171 from the Department of Housing and Urban Development (HUD) for the 2021 Continuum of Care (CoC) program; and authorizing the City Manager or a designee to execute all agreements, certifications, and documents necessary to accept and implement the funds b.Council Motion to note and file the City of Glendale’s 2022 Homeless Count and Survey Report
c.Housing Authority Motion approving acceptance of grant funds in the amount of $2,741,171 from the U.S. Department of Housing and Urban Development (HUD) for the 2021 Continuum of Care (CoC) program; and authorizing the Executive Director or a designee to execute all agreements, certifications, and documents necessary to accept and implement the funds
d.Housing Authority Motion to note and file the City of Glendale’s 2022 Homeless Count and Survey Report
e.Resolution of Appropriation to appropriate grant funds in the amount of $2,741,171 received from U.S. Department of Housing and Urban Development (HUD) for the 2021 Continuum of Care (CoC) Program
2.Community Development, re: Housing Authority Execution of an Affordable Housing Agreement and Ground Lease Associated with Harrower Village, L.P., a California Limited Partnership created by Abode Communities, for a Proposed 100% Affordable Rental Senior Housing Project (Harrower Village) on Housing Authority Owned Land at 912-920 E. Broadway and 117 S. Belmont Street
a.Housing Authority Resolution Approving an Affordable Housing Agreement and Ground Lease with Harrower Village, L.P. for Housing Authority Owned Land at 912-920 E.
Broadway and 117 S. Belmont Street in Glendale, California 91205 b.Resolution of Appropriation to provide funding in Support of Harrower Village, a 100% Affordable Rental Senior Housing Project
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Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Upon Robert Adjinian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Vrej Agajanian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Dan Brotman at 5:00 p.m. May 4, 2022 Glendale, CA
Upon Ardy Kassakhian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Ara Najarian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Laura Parazian at 5:00 p.m. May 4, 2022 Glendale, CA Upon Paula Devine at 5:00 p.m. May 4, 2022 Glendale, CA Mayor Kassakhian called the meeting to order at 2:04 p.m.
ROLL CALL
-Present
-Report of the City Clerk of the City Council and Housing Authority, re: Posting of Agenda. The Agenda for the Tuesday, May 24, 2022 joint public meeting of the City Council and Housing Authority was posted on May 17, 2022 on the Bulletin Board outside City Hall.
1.Community Services and Parks, re: Acceptance of grant funds from the U.S.
Department of Housing and Urban Development for the 2021 Continuum of Care Program; and City of Glendale’s 2022 Homeless Point-in-Time Count Staff Comment:
Roubik Golanian, City Manager
Presenting:
Arsine Isayan, Homeless Programs Manager
a.Council Motion approving acceptance of grant funds in the amount of $2,741,171 from the Department of Housing and Urban Development (HUD) for the 2021 Continuum of Care (CoC) program; and authorizing the City Manager or a designee to execute all agreements, certifications, and documents necessary to accept and implement the funds Moved: Devine Seconded: Agajanian
Vote as Follows
b.Council Motion to note and file the City of Glendale’s 2022 Homeless Count and Survey Report
Moved: Devine Seconded: Agajanian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Kassakhian, Najarian, Devine
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Kassakhian, Najarian, Devine
None
None
None
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c.Housing Authority Motion approving acceptance of grant funds in the amount of $2,741,171 from the U.S. Department of Housing and Urban Development (HUD) for the 2021 Continuum of Care (CoC) program; and authorizing the Executive Director or a designee to execute all agreements, certifications, and documents necessary to accept and implement the funds
Moved: Devine Seconded: Kassakhian
Vote as Follows
-
-
\
d. Housing Authority Motion to note and file the City of Glendale’s 2022 Homeless Count and Survey Report
Moved: Devine Seconded: Kassakhian
Vote as Follows
e. Resolution 22-67 of Appropriation to appropriate grant funds in the amount of $2,741,171 received from U.S. Department of Housing and Urban Development (HUD) for the 2021 Continuum of Care (CoC) Program
Moved: Devine Seconded: Agajanian
Vote as Follows
a.Community Development, re: Housing Authority Execution of an Affordable Housing Agreement and Ground Lease Associated with Harrower Village, L.P., a California Limited Partnership created by Abode Communities, for a Proposed 100% Affordable Rental Senior Housing Project (Harrower Village) on Housing Authority Owned Land at 912-920 E. Broadway and 117 S. Belmont Street
Staff Comment:
Roubik Golanian, City Manager
Presenting:
Mike Fortney, Principal Housing Project Manager
i. Housing Authority Resolution H-524 Approving an Affordable Housing Agreement and Ground Lease with Harrower Village, L.P. for Housing Authority Owned Land at 912-920 E. Broadway and 117 S. Belmont Street in Glendale, California 91205 Moved: Agajanian Seconded: Kassakhian
Ayes:
Noes:
Absent:
Abstain:
Adjinian, Agajanian, Brotman, Devine, Najarian, Parazian, Kassakhian None
None
None
Ayes:
Noes:
Absent:
Abstain:
Adjinian, Agajanian, Brotman, Devine, Najarian, Parazian, Kassakhian None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Kassakhian, Najarian, Devine
None
None
None
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Vote as Follows
ii. Resolution 22-68 of Appropriation to provide funding in Support of Harrower Village, a 100% Affordable Rental Senior Housing Project
Moved: Agajanian Seconded: Brotman
Vote as Follows
f.
g.
h.
ADJOURNMENT – 3:35 p.m.
- City Council
Moved: Agajanian Seconded: Devine
- Housing Authority
Moved: Agajanian Seconded: Parazian
Mayor of the City of Glendale
City Clerk of the City of Glendale
Chair of the Glendale Housing Authority
Clerk of the Glendale Housing Authority
Ayes:
Noes:
Absent:
Abstain:
Adjinian, Agajanian, Brotman, Devine, Najarian, Parazian, Kassakhian None
None
None
Ayes:
Noes:
Absent:
Abstain:
Agajanian, Brotman, Kassakhian, Najarian, Devine
None
None
None
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4b
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Legal Advertising Contract for the City of Glendale, in Connection with Specification No. 3933
1. ) Resolution Adopting Specs and Directing the City Clerk to Advertise for Bids
COUNCIL ACTION
Item Type: Consent Calendar
Approved for June 7, 2022 calendar
EXECUTIVE SUMMARY
Legal advertising contract of the City of Glendale shall be done in one or more newspapers of general circulation which shall be published in the City of Glendale according to Article VI. Section II of the Glendale City Charter. Specifications shall first be approved by the council before the council annually calls for advertising bids. 43 of 163
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COUNCIL PRIORITIES
Not Applicable
RECOMMENDATION
It is recommended that the City Council adopt Specification No. 3933 and direct the City Clerk to advertise for bids.
BACKGROUND
In accordance with Article VI, Section 11 of the Glendale City Charter, all official advertising of the city shall be done in one or more newspapers of general circulation, which shall be published in the City of Glendale. Additionally, the Council shall annually call for bids for such advertising pursuant to specifications which shall first be approved by the Council.
ANALYSIS
The Council shall annually call for bids for all official advertising of the city pursuant to specifications which shall first be approved by the Council.
The City Clerk’s advertising account is driven totally by outside forces – the number of hearings being advertised for City Council and various other boards and commissions, and the publication of ordinance summaries. There is no control over the number of hearings, as they are generated by public demand. Ordinance summaries are published as they are adopted by the City Council, this also being driven by circumstances beyond the control of the City Clerk. An appropriation of $60,000 is anticipated in the FY 2022- 2023 budget.
STAKEHOLDERS/OUTREACH
Not Applicable
FISCAL IMPACT
The Legal Advertising Contract will cost $60,000, which is requested as a part of the proposed FY 2022-23 budget. No new appropriation is being requested at this time. The funding that is part of the proposed FY 2022-23 budget is outlined below:
Proposed Budget Appropriation
Amount Account String Funding Source
$60,000 44200-1010-CCD-0010-P0000 General Fund
ENVIRONMENTAL REVIEW (CEQA/NEPA)
Please consult with your department's attorney to fill out this section.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements. 44 of 163
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3 3
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ALTERNATIVES
Adopt a resolution calling bids for legal advertisement for fiscal year 2022-23.
ADMINISTRATIVE ACTION
Prepared by:
Aram Adjemian, City Clerk
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Specification No. 3933
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RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, ADOPTING CITY CLERK SPECIFICATIONS NO. 3933 FOR
LEGAL ADVERTISING SERVICES PURSUANT TO GLENDALE CHARTER ARTICLE VI, SECTION 11 AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE;
SECTION 1. The specifications, on file in the Office of the City Clerk, for Legal Advertising services including the various documents incorporated therein, are hereby approved, adopted, designated and shall hereafter be known as Specification No. 3933.
SECTION 2. The City Clerk is hereby directed to advertise for bids for the services and materials described in Specifications No.3933 adopted by this Resolution.
Adopted this day of , 2022.
Mayor of the City of Glendale
ATTEST:
City Clerk of the City of Glendale
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF GLENDALE )
I, Aram Adjemian, City Clerk of the City of Glendale, do hereby certify that the foregoing Resolution No. was duly adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2022 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: City Clerk
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SPECIFICATIONS NO. 3933
FOR
LEGAL ADVERTISING
IN THE
CITY OF GLENDALE, CALIFORNIA
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2 NOTICE CALLING FOR BIDS
Sealed bids will be received at the office of the City Clerk of the City of Glendale until 2:00 p.m. on Wednesday, June 22, 2022 for:
THE LEGAL ADVERTISING WITHIN THE GEOGRAPHICAL AREA
OF THE CITY OF GLENDALE, FOR THE CITY OF GLENDALE
Bids will be opened publicly at or about 2:00 P.M. of said day in the City Clerk’s Office of the City Hall, in the City of Glendale, California.
The work shall be done in accordance with Specification No. 3933 on file in the office of the City Clerk of the City of Glendale, where they may be examined copies obtained.
Bids shall be made in duplicate on the proposal form obtainable at the Office of the City Clerk.
Bidders are hereby notified that in accordance with the provisions of the Labor Code of the State of California, the Council of the City of Glendale has ascertained and determined by Resolution No. , as amended, the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work for each craft or type of worker needed in the execution of contracts with the City of Glendale. Said Resolution is on file in the office of the City Clerk and is incorporated herein and made a part hereof the same as though fully set forth herein.
The City of Glendale reserves the right to reject any and all bids and to waive any informalities or technical defects as the best interests of the City may require.
Aram Adjemian, City Clerk
City of Glendale
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3 INSTRUCTIONS AND INFORMATION FOR BIDDERS
A. INTENT OF SPECIFICATIONS
It is the intent of these specifications to provide for complete legal advertising for the entire period covered by the contract and within the geographical area of the City of Glendale, with the express exception that legal advertising relating to charter amendments is hereby excluded.
The total bid shall be itemized in accordance with the Proposal Schedule. Each item of the Proposal Schedule must be filled in and completed or the bid will be considered incomplete and subject, at the City’s option, to rejection. On the Proposed Schedule, Item 1 (price per lineal inch for the first insertion), and Item 1a (price per lineal inch for each subsequent insertion) only will be used to evaluate the bid for the purpose of awarding the contract. Items 2, 2a, 3 and 3a shall be binding upon the bidder, but shall not be used in determining the lowest responsible bidder.
Any contract entered into with the City under Specification No. 3933 shall include all the services provided therein and be let to the lowest responsible bidder.
Billing shall be made monthly to the Director of Finance based on the submission of invoices.
B. FORM OF PROPOSAL AND SIGNATURE
The proposal must be made on the form provided for that purpose, enclosed in a sealed envelope bearing the title of the work and specifications number, and addressed to the City Clerk, 613 E. Broadway, Room 110, Glendale, California, 91206-4393. If the bid is made by an individual, it must be signed by the full name of the bidder, whose address must be given; if it is made by a firm, it must be signed with the firm name by a member of the firm, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by the proper office in the corporate name, and the corporate seal must be attached to such signature. No other proposals will be considered.
C. PROPOSALS
Blank spaces in the proposal must be properly filled in and the phraseology of the proposal form must not be changed. Any unauthorized conditions, limitations, or provisos attached to a proposal may render it informal and cause its rejection. Alterations by erasure or interlineation must be explained or noted in the proposal over the signature of the bidder. Bidders are invited to be present at the opening of proposals. A corporation submitting a proposal may be required, before the contract is finally awarded, to furnish a certificate as to its corporate existence, satisfactory evidence as to the officer or officers authorized to execute the contract on behalf of the corporation. All proposals shall be made in duplicate on the proposal form obtainable at the office of the City Clerk of the City of Glendale.
D. EXAMINATION OF SPECIFICATION
The bidder must make a careful examination of all the Specification, and must fully inform himself/herself to the character of work required. The City will, in no case, be responsible for any unanticipated cost that may be suffered the contractor as a result of the contractor’s failure to fully inform himself/herself in regard to all conditions pertaining to the work. 49 of 163
4 E. QUALIFICATIONS OF BIDDER
The bidder must satisfy the City of his/her ability to furnish the materials and to perform the work contemplated.
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5 PROPOSAL FOR:
LEGAL ADVERTISING
WITHIN THE GEOGRAPHICAL AREA OF THE
CITY OF GLENDALE
UNDER
SPECIFICATION NO. 3933
Date_______________________________
To the Honorable Mayor and City Council
Glendale, California
Ladies and Gentlemen:
In compliance with the advertisement calling therefore, the undersigned hereby proposed and agrees to:
Do the Legal Advertising within the Geographic Area of the City of Glendale, in accordance with Specification No. 3933 of the City of Glendale and the Proposal Schedule which follows, to enter into and execute a contract at the prices set forth in said Proposal Schedule.
The bid price shall include all sales, use or other taxes applicable to the items bid upon. 51 of 163
6 PROPOSAL SCHEDULE
(Bidder shall fill in the price bid in the appropriate column.) Item No.
1. Price per lineal inch for 1st insertion.
__________
1a. Price per lineal inch for each subsequent insertion. __________
2. Price per page for additional copies in quantities of 100. __________
2a. Price per page or additional copies for second and subsequent hundreds. __________
3. Price per page for additional copies printed on Hammermill ledger bond or equivalent twenty-four pound stock, in quantities of 50 __________
3a. Price per page for second and subsequent fifties.
__________
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7 If awarded the contract, the undersigned hereby agrees to sign said contract within fourteen (14) days after the award of said contract.
The undersigned has examined and judged at his/her own responsibility the type of legal advertising proposed, and is familiar with the specifications.
The undersigned has checked carefully all of the above figures and understands that said City will not be responsible for any error or omission on the part of the undersigned in preparing this bid, nor will said City release the undersigned on account of said error or omission. (Bidder shall sign in appropriate blanks)
INDIVIDUAL Name of Company_______________________________________________ Signature of Individual____________________________________________ Address_______________________________________________________ ________________________________________Phone________________ City State Zip Code
PARTNERS Name of Partnership_____________________________________________ Signature of Member Signing_______________________________________ Address_______________________________________________________ ________________________________________Phone________________ City State Zip Code
CORPORATION Name of
Corporation_____________________________________________ Signature of Officer______________________________________________ Title_____________________________________________(Corporate Seal) Address_______________________________________________________ ________________________________________Phone________________ City State Zip Code
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8 DETAILED SPECIFICATION
1. DEFINITIONS
The word “advertising” as used in these specifications, shall mean and include all legal advertising in the City of Glendale, except for publication of Charter amendments, which may be required by law to be published in a legal newspaper or in a newspaper of general circulation.
The word “contractor” as used in these specifications, shall mean the successful bidder.
2. REQUIREMENT OF CIRCULATION
All advertising shall be published in a newspaper of general circulation which is published and circulated in the geographical area of the City of Glendale, and in all other respects shall comply with the requirements of law applicable to legal newspapers and newspapers of general circulation.
3. PROOFING MATERIAL
Proofs of all matter to be published under these Specifications shall be first carefully read with the copy and corrected, and two (2) revised proof sheets of the corrected matter shall be delivered to the City Clerk or other officer, board, commission or department of said City ordering such advertising, with the original copy thereof, in time to permit the reading of such proof before such advertising is published, and upon return of one of said proof sheets to the contractor all corrections noted thereon shall be made before such advertising is published, without additional charge. No charge shall be made or allowed for republication of a matter occasioned by any error on the part of the contractor notwithstanding the proof thereof may have been read by any officer or employee of the City, or for the republication of any subsequent matter or publication in connection with the same proceeding which may have been occasioned by any such error on the part of the contractor under the conditions aforesaid.
4. DATES OF PUBLICATION
All advertising shall be published on the dates and at the times directed by said City or the officer, board, commission or department thereof ordering such advertising. Affidavits, showing the publication of advertising shall be made in duplicate and delivered by the contractor without charge to the officer, board, commission or department ordering the same not later than two (2) days after the completion of such advertising.
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9 5. PLACING AND HEADING ADVERTISING
All advertising shall be grouped under the heading “Public Notices,” which heading shall be placed above all columns in which such advertising is displayed and no other matter shall be allowed to intervene or appear between the parts of such legal advertising or between the heading above referred to and the printed matter following the same.
6. SUPPLEMENTARY MATERIAL TO BE FURNISHED
The contractor shall furnish to the officers, board, commission or department of the City ordering advertising hereunder twenty-five (25) printed copies of each advertisement, the same to be printed on newsprint paper six inches by nine inches (6” x 9”) in size and delivered to the said officer, board, commission or department ordering the advertising not later than noon of the day immediately succeeding the first publications of such advertising, unless such officer, board, commission or department shall specify a lesser number of such copies. Each separate advertisement shall be separately printed without being combined with any other advertisement or printed matter.
7. SIZE OF TYPE FOR PRINTING
All advertising shall be printed in type not larger than six (6) points, set at least eleven (11) lines to the lineal inch of the column, and the columns shall not be less than one and one-half (1-1/2) inches wide.
8. PRICE STATEMENT
Bidders shall, in their respective bids, give the name of the newspaper in which it is proposed to publish advertising and state the price per lineal inch of column not less than one and one-half (1-1/2) inches in width for which such advertising will be published. Each bidder shall also state a price for the first insertion thereof and the price for each subsequent insertion of the same advertisement. The price so stated shall include the furnishing of twenty-five (25) printed copies of all advertising as above mentioned.
9. NEWSPAPERS AND ARCHIVE ACCESS TO BE PROVIDED
a. The contractor shall deliver, without extra charge therefore, not less than thirty (3) nor more than forty (40) copies of each issue of said paper, with inserts, published during the period covered by the contract, as needed as determined by the City Clerk. b. The contractor shall provide, without extra charge, unlimited access to archives of past publications (archived publications) whether internet, web-based or otherwise. If internet or web-based, contractor shall provide a password or passcode, if needed, to the City Clerk, City Attorney and City Manager to permit access to the archived publications during the period covered by the contract.
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10 10. ADDITIONAL COPIES OF ADVERTISING TO BE FURNISHED Each bidder shall also submit a bid for furnishing additional copies of all such advertising in quantities of not less than one hundred (100) copies as desired by the City. Said bid is binding upon the bidder, but shall not be evaluated for the purpose of awarding the contract. Said copies are to be in addition to the twenty-five (25) printed copies above mentioned and shall be printed on newsprint paper six inches by nine inches (6” x 9”) in size. Bids for such copies shall state the price per page per hundred (100) copies. Also, each bidder shall submit a bid for furnishing additional copies of all such advertising in quantities of fifty (50) copies printed on Hammermill Ledger Bond, or equivalent, twenty-four (24) pound stock. No bid will be considered which does not state the price for furnishing such copies. The City is not obliged to have said copies printed, but reserves the right to do so by giving notice to the contractor at any time before the contractor has completed the advertising, or before the type for the same has been distributed or destroyed.
11. EXECUTION OF CONTRACT
The contract shall be executed by the successful bidder within fourteen (14) days from the date of the awarding thereof, and when so executed shall cover the period of July 1, 2022, to midnight, June 30, 2023. The City, at its own option, reserves the right to extend the contract on a month-to-month basis thereafter, in accordance with the terms to be agreed upon between the parties.
A breach of any one of the conditions or terms of this specification or of the contract when so executed shall be sufficient cause for the Council of the City of Glendale to terminate such contract and readvertise for bids.
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Extension of Master Services Agreement (MSA) with Crown Castle Fiber, LLC for Dark Fiber and Colocation Services.
1. Resolution to dispense with competitive bidding, and authorize the City Manager, or his designee, to amend the Management Services Agreement (MSA) with Crown Castle Fiber, LLC for dark fiber and colocation services extending the term through June 30, 2023, and authorizing three subsequent annual one-year term extension options.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for June 7, 2022 calendar
EXECUTIVE SUMMARY
Since 2017, the City has leased dark fiber and colocation services from Crown Castle Fiber, LLC at a carrier neutral facility equipped with tier 3 mechanical and electrical infrastructure. Dark fiber and colocation services allow the City to install, connect, and maintain electronics that serve as the backbone of the City’s connectivity to the internet.
This connectivity is vital to critical City operations such as GWP, Public Safety Dispatch, Public Works not to mention citywide services such as Microsoft Teams, Office 365, and email. The City’s current agreement is set to expire on June 30, 2022.
Given the importance of the City’s internet connectivity to core City operations, migrating to another colocation and dark fiber service provider is simply not feasible at this time due to the operational risk and cost. Establishing co-location and dark fiber services through another provider would involve a planned overlap period during which parallel services are in place and are fully functional with both the incumbent and future service vendors. It would be extremely costly to procure additional electronic equipment, in addition to the professional services the City would require to establish the connectivity, not to mention the operational risk of migrating the service. Any service interruption in connectivity would adversely and significantly impact core City services.
Therefore, staff requests the City Council to dispense with competitive bidding, and authorize the City Manager, or his designee, to amend the Management Services Agreement (MSA) with Crown Castle Fiber, LLC for dark fiber and colocation services extending the term through June 30, 2023, and authorizing three subsequent annual one-year extension options.
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COUNCIL PRIORITIES
Infrastructure: Extension of the MSA for dark fiber and colocation services ensures continuity of service for a subset of the underlying elements necessary for completing construction of the fiber network backbone with service offerings for business customers, anchor institutions, and third-party service providers.
RECOMMENDATION
Authorize the City Manager, or his designee, to amend the MSA with Crown Castle Fiber, LLC extending the term through June 30, 2023, and authorizing three subsequent annual one-year extension options.
BACKGROUND
After solicitation of competitive pricing from three potential vendors, on May 2, 2017, the City Council authorized the City Manager to enter into a MSA with Wilcon Operations LLC to provide dark fiber and colocation services for a five-year term and a not-to- exceed contract amount of $319,000. In September 2018, Wilcon Operations LLC completed the process of provisioning of the dark fiber circuits and services commenced.
In April 2019, establishment of colocation services within the Wilcon colocation suite located in the One Wilshire building carrier hotel began. Colocation services ordered included a half rack of equipment cabinet space, dual 120-Volt 20-Amp alternating current electrical service feeds and a multimode fiber optic cross connection to the City’s primary internet service provider, Los Nettos. This work was completed in June 2019 and in accordance with the terms of the agreement, invoicing for colocation services began. During this time, it should be noted that Amendment 1 to the Master Service Agreement was executed memorializing the merger of Wilcon Holdings, LLC with Crown Castle Fiber, LLC on December 31, 2018, and consenting to assignment of the agreement pursuant thereto.
The last phase of the project was to purchase the equipment needed to establish a three-node transport network interconnecting a pair of City data center locations and the colocation suite (Crown Castle formerly Wilcon Holdings) located within the One Wilshire building carrier hotel. After solicitation of competitive pricing from multiple potential vendors, the City issued a contract to CCI Systems, Inc for planning, installation, configuration, testing, documentation, and remote training services of the three-node transport network.
In May 2020, Crown Castle Fiber, LLC was contracted to perform the physical installation of the equipment within the colocation suite at the One Wilshire building necessary to establish the transport network. This action was taken to address the situation created during the initial outbreak of the COVID-19 pandemic during which domestic travel was discouraged and Executive Order M-33-20 was issued ordering all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors.
In July 2020, Crown Castle Fiber, LLC completed the process of the physical installation of the transport network equipment within the colocation suite at the One Wilshire. And 58 of 163
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lastly, in September 2020, CCI Systems, Inc completed the planning, installation, configuration, and testing of the three-node transport network and routing of traffic to/from the Internet over this network commenced.
ANALYSIS
As indicated in the Background Section, the City has expended significant cost and resources in establishing internet connectivity at One Wilshire. Critical city operations such as GWP, Public Safety and Public Works rely on this connectivity as do citywide services such as Microsoft Teams, Office 365, and email.
Given the importance of the City’s internet connectivity to core City operations, migrating to another colocation and dark fiber service provider is simply not feasible at this time due to the operational risk and cost. Establishing co-location and dark fiber services at another provider would involve a planned overlap period during which parallel services are in place and are fully functional with both the incumbent and future service vendors. Failure to plan and execute a migration of services which utilizes a staggered overlapping service approach would impact City services in the form of an extended outage of services and applications which rely upon internet services.
Electronic mail, web browsing, collaboration, online application, remote access, and video\teleconferencing services are examples of services that rely upon internet services.
Additionally, since a capital investment in network equipment is necessary and these devices have an associated anticipated useful life span, shifting dark fiber and colocation service vendors should be timed to coincide with the periodic asset refresh cycle of the underlying transport network equipment. If the network equipment asset refresh cycle is ignored, the City would need to acquire replacement transport network equipment “out of cycle” and, thereby, increasing the cost of migrating dark fiber and colocation services to an alternative vendor. Procured in 2019 and provisioned in 2020, the cost of the equipment, configuration and support services for the transport network was approximately $615k; it would likely be significantly higher if purchased today given the increases in technology components over the last two years.
Lastly, Glendale’s Charter, Article VI, Section 9, allows City Council to dispense with competitive bidding where the City Council determines that dispensing with competitive bidding is in the best interests of the City. Since Crown Castle Fiber, LLC is currently the City’s provider for dark fiber and colocation services, and given the foregoing reasons stated relating to the existing equipment and facilities, as well as to ensure the continuity of service, it is respectfully requested and recommended that the City Council dispense with competitive bidding pursuant to Article VI, Section 9 of the Glendale Charter and extend the City’s existing MSA with Crown Castle Fiber, LLC.
STAKEHOLDERS/OUTREACH
Dark fiber and colocation services are essential underlying infrastructure elements which facilitate providing highly available connectivity to and routing of network traffic to and from the Internet. These services can be leveraged to provide services to the following target use cases/customers identified within the Fiber Optic Business Plan:
Commercial Businesses
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Community Anchor Institutions, including schools and medical facilities Utility Functions
Municipal Government Functions
These services are actively being utilized by the City for municipal government functions and GWP for utility functions, currently. An example of the application of these services is the Wi-Fi Internet service provided to staff and the community in non-library City facilities.
FISCAL IMPACT
There is no fiscal impact associated with the extensions of the MSA, and no new appropriation is being requested at this time. All services ordered and provided under the MSA are subject to the appropriation limits approved by Council as part of the annual budget process. For the upcoming budget year, FY 2022-23, the estimated cost of services under this agreement is $57,500 and is included in the proposed GWP budget.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is considered a ministerial activity and, therefore, not subject to CEQA review.
CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report are attached in Exhibit 1, in accordance with the City Campaign Finance Ordinance No. 5744.
ALTERNATIVES
Alternative 1: Dispense with competitive bidding, and authorize the City Manager, or his designee, to extend the term of the MSA with Crown Castle Fiber, LLC for dark fiber and colocation services through June 30, 2023, and authorize three subsequent annual one-year term extension options.
Alternative 2: Not approve the staff recommendation to dispense with competitive bidding and approve extension of the MSA with Crown Castle Fiber, LLC, and direct staff to consider other vendors. Under this direction, staff would need a two-year extension with Crown Castle to provide ample time to evaluate the cost, request and obtain funding, plan, and execute the dark fiber and colocation service vendor migration simultaneously with replacement of the transport network equipment. It is highly likely that after the cost evaluation is conducted, it would be excessively cost prohibitive to undertake an “off cycle” dark fiber and colocation service vendor migration.
Alternative 3: Consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
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Prepared by:
Craig Kuennen, Assistant General Manager - Business Services Eric Brumm, Chief Information Technology Architect, Information Technology Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Campaign Finance Disclosure for Crown Castle Fiber, LLC 61 of 163
1 RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, DISPENSING WITH COMPETITIVE BIDDING, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO AMEND THE
EXISTING MASTER SERVICES AGREEMENT WITH CROWN CASTLE FIBER,
LLC FOR DARK FIBER AND COLOCATION SERVICES EXTENDING THE TERM THROUGH JUNE 30, 2023, AND AUTHORIZING THREE SUBSEQUENT
ANNUAL ONE-YEAR TERM EXTENSION OPTIONS
WHEREAS, Glendale Water and Power Department (“GWP”) and Information Technology Department (“IT”) are committed to providing reliable and trusted fiber services for business customers, anchor institutions and third-party service providers; and
WHEREAS, through a competitive procurement process in 2017, the City of Glendale (“City”) entered into a Master Services Agreement (“MSA”) with Wilcon Operations LLC to provide dark fiber and colocation services for a five- year term; and
WHEREAS, in 2018 Crown Castle Fiber, LLC, as a result of a merger, acquired the obligations of the MSA with the City’s consent and approval of the assignment of the MSA to Crown Castle Fiber, LLC; and
WHEREAS, since the establishment of the MSA in 2017 notable progress has been made, including the provisioning of dark fiber circuits being completed; colocation services being completed, and the interconnection of City data center locations to the One Wilshire building, as described in the Report Dated June 7, 2022 by the General Manager of GWP and Director of IT; and WHEREAS, the existing MSA with Crown Castle Fiber, LLC will expire in June 2022; and
WHEREAS, the process of migrating dark fiber and colocation services to an alternative vendor must be planned in a manner ensuring continuity of services and should be times to coincide with periodic asset refresh cycle of the underlying network equipment; and
WHEREAS, the network equipment procured in 2019 and provisioned in 2020, has an anticipated useful life of five years; and WHEREAS, Glendale’s Charter, Article VI, Section 9, allows City Council to dispense with competitive bidding where the City Council determines that dispensing with competitive bidding is in the best interests of the City; and WHEREAS, since Crown Castle Fiber, LLC is currently the City’s provider for dark fiber and colocation services, and given the foregoing reasons relating to the existing equipment and facilities, as well as to ensure the continuity of service, staff is recommending and requesting that the City Council dispense with competitive bidding and extend the existing MSA.
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2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF GLENDALE, CALIFORNIA:
1. That, the foregoing facts are deemed to be true and correct and basis for Dispensing with competitive bidding pursuant to Glendale’s Charter, Article VI, Section 9, where the City Council determines that dispensing with competitive bidding is in the best interests of the City.
2. That, pursuant to Glendale’s Charter, Article VI, Section 9, the City Council hereby dispenses with competitive bidding and authorizes the City Manager, or his designee, to amend the Master Services Agreement with Crown Castle Fiber, LLC for dark fiber and colocation services extending the term through June 30, 2023, and authorizing three subsequent annual one-year term extension options.
Adopted by the Council of the City of Glendale on this ___ day of _________, 2022.
________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
STATE OF CALIFORNIA ) SS.
COUNTY OF LOS ANGELES )
I, Aram Adjemian, City Clerk of the City of Glendale, hereby certify that the foregoing Resolution No. _________ was adopted by a majority vote of the Council of the City of Glendale, California, at a regular meeting held on the ______ day of ______________________, 2022, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________
City Clerk
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4d
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Award of Contract to Maxim Crane Services, LP for Glendale Water & Power (GWP) Crane Rental and Rigging Services.
1. Motion authorizing the City Manager, or his designee, to enter into and execute a not to exceed contract in the amount of $600,000 for three years with an option to extend for two years in an additional amount of $400,000 with Maxim Crane Works, LP, for Crane and Rigging Services for Glendale Water & Power (GWP), Specification No. 3906.
COUNCIL ACTION
Item Type: Consent
Approved for June 7, 2022 calendar
EXECUTIVE SUMMARY
Glendale Water & Power (GWP), in an effort to maximize staff production and minimize construction related delays and costs, is respectfully requesting to continue to consolidate crane and rigging services with a not to exceed contract. This proposal will enable GWP to monitor expenditures on behalf of the entire department, provide continuity of utility services and allow GWP management to ensure services are adequately allocated among all GWP sections.
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COUNCIL PRIORITIES
Infrastructure: To enhance efficiency and effectiveness, on demand and “as needed” contract crane and rigging services will allow GWP to complete projects and make repairs to infrastructure.
RECOMMENDATION
Award a contract to Maxim Crane Services, LP for Crane Rental and Rigging Services for Glendale Water & Power, and authorize the issuance of a not to exceed contract in an amount of $600,000 for a term of three years, plus an option to renew the contract two years for an additional $400,000 total.
BACKGROUND
Cranes are utilized by the City’s various construction crews within GWP which include the Grayson Power Plant, Electric Division (Overhead and Underground), and Water Division (Distribution and Operations). Each of these divisions have various facilities, maintenance jobs and projects throughout the City that require the use of cranes ranging in size from 50 to 400 tons in lifting capacity, as well as heavy rigging equipment. Typical work includes replacing power plant equipment, setting power poles and transformers, installing electric and water system vaults, and repairing water infrastructure at reservoirs, pump houses, and other facilities.
Prior to obtaining a not to exceed contract in 2017, each division within GWP obtained a separate purchase order for their respective sections. In most cases, this limited the dollar amount allocated to that section within a given fiscal year and did not allow for unanticipated work as well as construction related delays and/or complications. In an effort to maximize staff production and minimize construction related delays and costs, GWP is respectfully requesting to continue to consolidate crane services on an “as needed” basis and enable GWP to monitor expenditures on behalf of the entire department. This proposal will provide continuity of utility services, and allow GWP management to ensure services are adequately allocated among all GWP sections.
ANALYSIS
On March 22, 2022, the City Council adopted Specification No. 3906 and directed the City Clerk to advertise for bids for the Crane Rental and Rigging Services for GWP.
Specification No. 3906 was also disseminated by GWP staff to nine local crane and rigging companies.
On April 20, 2022, one bid was received from Maxim Crane Services, LP. GWP Staff contacted each of the vendors who were sent Specification No. 3906 and did not submit a bid to find out why they did not bid, and was generally told: currently they have too much work, they are a non-union shop, and/or calls were not returned after two to three attempts to identify why specific firms did not bid.
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Although only one bid was received, the base bid amount of $499.65/hr. is less than pricing received in 2017 for a crane of the same lifting capacity,100 tons. Maxim Crane Service, LP has been providing crane rental and rigging services for the last 28 years, and are currently under contract and have multi-year contracts in place with the following entities: The City of Burbank, Department of Water & Power, Phillips 66, Chevron Refinery, Valero Refinery, and PLC, Inc.
Project Description: Crane Rental and Rigging Services for Glendale Water & Power
Bid Approved:
March 22, 2022
Advertisement Method: Glendale Independent and via e-mail.
Bid Issued: March 24, 2022
Bid Due Date: April 20, 2022
Company Name(s) and
Proposal Amount(s):
Maxim Crane Works, LP - $499.57/hr.
Selection Criteria
(If SS, list applicable
Provision):
Lowest Responsive and Responsible Bidder
Consultant(s):
N/A.
New / Existing
Consultant(s):
N/A.
Procurement Method
(RFP / SS):
Bid Specifications
Contract Term:
Three years with an option to renew for two additional
years, five years maximum
Project Begins:
Upon contract execution
Project Ends:
Per contract terms
Change Orders (When Applicable)
Company name: Not applicable.
Original Approved
Contract Amount:
Not applicable.
Approved Contingency: Not applicable.
Change Order History: Not applicable.
This Change Order
(Increase):
Not applicable.
New Contract Total (If
Approved):
Not applicable.
STAKEHOLDERS/OUTREACH
Not applicable.
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FISCAL IMPACT
The contract will be established as an not to exceed contract in the amount of $600,000 for three years with an option to renew for two years for an additonal $400,000. The establishment of this contract will enable Glendale Water & Power operations to request crane and operator services on an as needed basis and charge the respective operational accounts accordingly. Funds are currently budgeted in FY2021-22 as follows:
Existing Appropriation
Account String Funding Source
GL:43110-5820-GWP-4690-P0000
PL: N/A
Electric Works Revenue Fund
GL: 43110-5820-GWP-4660-P0000
PL: N/A
Electric Works Revenue Fund
GL:43110-5850-GWP-0020-P0000
PL: Various
Electric Customer Paid Capital Fund
GL: 43110-5920-GWP-Various-P0000
PL: N/A
Water Works Revenue Fund
Funding for future years will be requested as part of the annual bugdetary process.
ENVIRONMENTAL REVIEW
This item is considered a ministerial activity and therefore, not subject to CEQA review per CEQA Guidelines, section 15268(a).
CAMPAIGN DISCLOSURE
Not applicable.
ALTERNATIVES
Alternative 1: Award a contract to the lowest responsive and responsible bidder, Maxim Crane Services, LP and authorize a three-year not to exceed contract with an option to extend for two additional years.
Alternative 2: Choose to extend the contract with the existing vendor, or direct staff to re-bid the work. However, due to the time needed to undertake the bidding process, this would result in at least a two-month delay in the award of a contract for crane services which are critically needed by GWP.
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ADMINISTRATIVE ACTION
Prepared by:
Stephen Nersesyan, Deputy General Manager - Administrative Services Martin Powers, Stores Supervisor
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS / ATTACHMENTS
Not applicable.
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the Council of the City of Glendale finds that Maxim Crane Works, LP is the lowest responsive bidder to furnish labor, equipment and materials for Crane and Rigging Services for Glendale Water & Power Department, Specification No. 3906, and that the bid of Maxim Crane Works, LP is hereby accepted and approved as recommended by the General Manager of Glendale Water & Power in the Report dated June 7, 2022, and that all other bids be, and are, hereby rejected. The City Manager, or his designee, is authorized to execute a contract with Maxim Crane Works, LP for a not-to-exceed amount of $600,000 for a term of three years, plus an option to extend for two additional years in the amount of $400,000. Said contract shall be subject to approval by the City Attorney.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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7a
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA
AMENDING PORTIONS OF CHAPTER 5.92 OF THE GLENDALE MUNICIPAL CODE, 1995,
TO ALLOW FOR THIRD-PARTY ISSUANCE AND OVERSIGHT
WHEREAS, the City of Glendale requires a permit for a person to engage in the business or activity of filming within the City; and
WHEREAS, such permits have historically been applied for, issued by, and administered by the City Manager’s office; and
WHEREAS, the City has initiated plans to contract with a third-party consultant, beginning July 1, 2022, to take on much of the work of application, issuance, and oversight of filming and film permits within the City; and
WHEREAS, such third-party’s actions require some modification to provisions of Chapter 5.92 of the Glendale Municipal Code in regard to Motion Picture and Television Permits;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that all of the facts, findings, and conclusions set forth above in this Ordinance are true and correct and hereby incorporate them by this reference.
SECTION 2. Chapter 5.92 of the Glendale Municipal Code, 1995, entitled “Motion Picture and Television Production Permit,” is hereby amended to read as follows:
5.92.010 Motion Picture and Television Production
A. No person shall engage in the business or the activity of filming, taking or producing motion pictures for educational, entertainment or other commercial purposes, other than for news purposes, at any time and at any place other than at or in an established motion picture or television studio in the city and no person shall engage in such business or activity for such purposes, other than for news purposes, anywhere at any time if the services of city employees, or if the rental or other use of city-owned personal property and/or utilities, other than utilities paid for by private service users serviced by the city, is or are involved, unless a permit for such business or activity during such period of time has first been granted by the City Manager or a designee.
B. In no event shall such activities be performed or conducted in excess of the time period for which the permit provided for in subsection A of this section is issued.
5.92.020 Motion Picture and Television Production—Permit—Application—Form and Fees
A. No permit required by section 5.92.010 shall be issued until after: (1) the applicant has first completed, signed and dated an application for the permit on forms 73 of 163
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3 provided by the City Manager or a designee; (2) the applicant has deposited with the City Manager or a designee a permit application and investigation fee; (3) the applicant has deposited with the City Manager or a designee all other sums of money and/or completed documents as may be required under this code.
B. The amount or rate of any permit, license, charge or other fee under this chapter shall be established and/or modified by resolution of the city council. The schedule for the fees shall remain on file and be available in the office of the city clerk.
The City Manager or a designee shall review the fees charged at least once annually and shall recommend changes to the council when appropriate.
5.92.030 Motion Picture and Television Production-Permit-Application Requirements
A. The City Manager or a designee shall prepare and supply a form for application for the permit required by section 5.92.010. The form shall require the following information and shall be signed and dated by the applicant:
1. Full legal name of applicant;
2. Business name of applicant (if different);
3. Business address of applicant;
4. Business telephone of applicant;
5. Location of proposed filming or taping;
6. Dates and times of proposed filming or taping;
7. List of all motor vehicles (by make, type and license number) of applicant, applicant’s agents or employees to be parked on city streets or parking lots during filming or taping;
8. Services of city employees desired or required on location during filming or taping;
98. Description of scene to be filmed or taped;
109. Name of person in charge on location;
11. Detailed site map indicating locations of major equipment and functional areas (filming, staging, base camp, generators, etc.); and
1210. Any other information as the city manager may deem necessary or desirable.
B. An original application submitted for processing and review may be amended or revised before the effective date of the permit. No such original application shall be amended or revised more than twice. Thereafter, a new application shall be filed and another original application fee shall be paid.
5.92.040 Motion Picture and Television Production—Permit—Charges for Use of City Property and Employees
A. A charge is imposed for the use or occupation of city-owned or controlled real property, including public streets, when the proposed use or occupation may be exclusive or otherwise disruptive of the free public use by either motor vehicles or pedestrians, or both, for the purposes designated in section 5.92.010. 74 of 163
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3 B. A charge is imposed for the services of each city officer or employee, including public safety personnel, used for any purpose arising out of or connected with the issuance of a permit under section 5.92.010.
C. A charge is imposed for each inspection by fire division personnel of the location of the proposed filming or taping.
D. A charge is imposed for costs of overhead and administration incurred by the city.
E. A charge is imposed for each item of city-owned or controlled personal property and/or utilities, other than utilities paid for by private service users serviced by the city, used for any purpose arising out of or connected with the issuance of a permit under section 5.92.010. The amount of the charge, if not provided elsewhere in this code, shall be in accordance with a rate schedule to be approved by the City Manager.
F. Any charges imposed in this code are in addition to the permit application and investigation fee required by section 5.92.020(A). Before the City Manager or a designee issues the permit, the applicant shall make a minimum deposit. The minimum deposit shall be the amount of the permit application and investigation fee, together with a sum equal to the estimated total of all charges due or payable under this code for each calendar day for which the permit is in effect. For deposit purposes, each portion of a calendar day shall be counted as a full calendar day or as eight hours, whichever is applicable. Any unearned portion of the deposit shall be returned to the permittee after completion of the authorized activities for which the permit was issued. Any amount due the city in excess of the deposit shall be payable within ten days after receipt of an itemized statement of charges, less the amount of the deposit. The permit application and investigation fee shall be paid and collected at the time the application for the permit is filed. The minimum deposit need not be made until immediately before the permit is issued.
5.92.050 Motion Picture and Television Production—Permit—Conditions of Approval
A. It shall be a condition of the issuance and continued validity of any permit granted under section 5.92.010 that the permittee first take out, pay for and maintain a policy of general liability insurance. Insurance requirements prior to obtaining such permits shall be determined by the City Attorney.The policy shall insure the city, its agents, officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for property damage or personal injury, including accidental death, occurring during the period and as a result of the activities for which the permit was issued. The policy shall cover damages, injuries or losses caused by or arising out of: (1) any negligent act or omission of the permittee, the permittee’s agents, officers or employees, or of any agent, officer or employee of the city; and (2) the condition of any city-owned or controlled property, whether real or personal. The amount of coverage shall be not less than five hundred thousand dollars as a combined single limit; provided, however, that the city manager shall have authority to require higher limits if, in the city manager’s opinion and discretion, the type of activity permitted is of a nature that warrants greater risk protection. In addition, the policy shall contain a severability of interest clause and provide that the coverage shall be primary for losses 75 of 163
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3 arising out of the permittee’s activities. Neither the city nor any of its insurers shall be required to contribute to any loss.
B. The permittee shall furnish a certificate of insurance countersigned by the insurance carrier on a form of the carrier setting forth the general provisions of the insurance coverage. This countersigned certificate, along with an additional insured endorsement, shall verify that the city, its agents, officers and employees are named as additional insureds under the policy, and further, that this insurance is primary to the coverage of the city. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation or termination of the coverage at least thirty days in advance of the effective date of the change, cancellation or termination.
C. It shall be a condition of the issuance of any permit granted under section
5.92.010 that the permittee shall agree to defend and to hold the city, its agents, officers and employees harmless from any and all liability, claims and actions of any kind whatsoever resulting from or arising out of the city’s issuing the permit.
D. It may be a condition of the issuance of any permit granted under section
5.92.010, if in the City Manager’s opinion and discretion such condition is necessary or desirable in the city’s best interest, that the permittee be required to take out, apply for and maintain policies of insurance, such as auto or fire coverage, and/or faithful performance bonds, in coverage limits and/or penal sums as the City Manager may deem appropriate under the circumstances surrounding the activities permitted.
E. All documents required by section 5.92.030 and this subsection shall be completed by or on behalf of the permittee. All documents shall be reviewed and approved by the City Attorney before the permit is executed by the city manager.
5.92.060 Motion Picture and Television Production—Permit—Issuance or Denial The City Manager or a designee shall issue a permit as required by section
5.92.010 unless the city manager finds that any information or statement contained on the permit application form is untrue or that the public health, safety or welfare will be, or has been, adversely affected to a significant degree by any one or more of the following:
A. Anticipated or actual:
1. Land use contemplated,
2. Disruption or obstruction of traffic, parking or business,
3. Length of time required to conduct specified activity; B. Attitude of neighborhood;
C. Number of permits granted previously for specified location; D. Past performance of permittee in adhering to conditions.
5.92.070 Motion Picture and Television Production—Permit—Exceptions—Fees A. The application and investigation fee set forth in Section 5.92.020(A) and the per day charge set forth in Section 5.92.040(A) shall not be applicable to a public affairs program (as defined by the Federal Communications Commission) under the following circumstances:
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3 1. When the proposed use or occupation is of a public street, provided that the use is not exclusive or otherwise disruptive of the free public use by motor vehicles, pedestrians or both;
2. When the proposed use is of city-owned or controlled real property other than public streets.
B. For nonprofit corporations, organizations or associations (as defined by Revenue and Taxation Code Sections 23701d and 23701(1)), public affairs programs (as defined by the Federal Communications Commission), and for students who are enrolled in a school, college or university (as defined by Business and Professions Code Section 18629) and who are filming or videotaping as part of a class project, any application fee, service charge, or transaction fee for the obtaining of a permit shall be discounted to no more than fifty percent (50%) of standard rates for such permit.the application and investigation fee set forth in Section 5.92.020(A) shall be established by resolution.
SECTION 5. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and, therefore, an environmental review is not required under Section 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment]; Section 15060(c)(3) [the activity is not a project as defined in Section 15378]; and Section 15061(b)(3)[no possibility exists that the activity in question may have a significant effect on the environment] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
SECTION 6. Severability. This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.
SECTION 7. Effective Date. This Ordinance shall take effect and be in force beginning on July 7, 2022.
Adopted by the Council of the City of Glendale on the _______ day of ________, 2022.
______________________________
Mayor
ATTEST:
___________________________________
City Clerk
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3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF GLENDALE )
I, Aram Adjemian, City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ________________, 2022, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Film Permit Operation
1. Ordinance for introduction amending portions of GMC Chapter 5.92 to allow for third-party issuance and oversight of film permits.
2. Resolution removing certain fees from Citywide fee schedule related to film permits.
COUNCIL ACTION
Item Type: Action Item
Approved for May 24, 2022 calendar
EXECUTIVE SUMMARY
The City has initiated plans to contract with a third-party consultant, beginning July 15, 2022, to take on much of the work of application, issuance, and oversight of filming and film permits within the City. Implementation of this contract requires modification to Chapter 5.92 of the Glendale Municipal Code related to film permits and removal of certain fees for filming from the Citywide fee schedule.
The City plans to outsource the film permit operation to FilmLA, a local non-profit agency. FilmLA has been providing film permit processing services to cities for more than 15 years. Their clients include the County of Los Angeles, the City of Los Angeles, 8 cities and 7 school districts.
Outsourcing the filming operation to FilmLA will free up staffing resources in the City Manager’s Office and the City Attorney’s Office and streamline the film permitting process within the community.
COUNCIL PRIORITIES
N/A
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RECOMMENDATION
Staff recommends that the City Council introduce the ordinance to revise the Glendale Municipal Code and modify the Citywide Fee Schedule to remove certain fees to allow for film permit operation and oversight to be transferred to a third-party operator, FilmLA.
BACKGROUND
Over the years, the filming operation has been housed in the City Clerk’s Office, Economic Development, or City Manager’s Office, depending on available staffing resources. In 2018, the filming operation moved from the Economic Development Office to the City Manager’s Office. Since then, the filming function has continued to operate out of the City Manager’s Office. Due to staffing reductions in the City Manager’s Office and the impacts on existing resources citywide, the City has identified an alternative service delivery method which would result in the transfer of the film permitting process and oversight to a third-party operator named FilmLA.
ANALYSIS
Film L.A., Inc. is a non-profit public benefit corporation that has been providing film permit processing services to municipalities for more than 15 years. Film L.A., Inc. is the film office for the County of Los Angeles, Cities of Los Angeles, Diamond Bar, South Gate, Industry, Lancaster, Palmdale, La Habra Heights, Vernon, Monterey Park, Santa Monica, Newport Beach, San Dimas, Fullerton, Culver City, and Gardena. FilmLA also provides services to seven school Districts in Los Angeles County. (Exhibit A – FilmLA Service Area).
All the costs of services provided by Film L.A., Inc. are borne by the requesting film company based on the types of permits and/or services required. If approved to be a service provider for the City of Glendale, Film L.A., Inc. would coordinate and issue permits for all private and public properties within Glendale, with the exception of City parks, which will be managed by the Community Services & Parks Department.
Further, an agreement with FilmLA will expand the current services provided to filmmakers and the community by centralizing the issuance of film permits, providing consistent notification of proposed filming activities to the community, and providing location monitors to ensure compliance with film permit terms and conditions.
Revisions to Glendale Municipal Code:
The major focus of revisions to Chapter 5.92 of the Glendale Municipal Code (“Motion Picture and Television Production Permit”) is the removal of language requiring permit fees to be collected. As noted below, FilmLA will collect its own fees and will perform these services at no cost to the City—accordingly, film permit fees and other related fees would be redundant.
Additionally, through consultation with FilmLA, and in surveying staff who work closely with permits and filming within the City, the following changes to the existing code language in Chapter 5.92 are proposed:
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Removal of a requirement to list all vehicles associated with the filming. Removal of a requirement for submission of a detailed site map. Limitation of number of permit revisions to twice only. Removal of detailed insurance requirements in favor of general insurance requirement with details to be determined by the City Attorney. Updated language regarding permits for public affairs programs. Requirement that nonprofit, public affairs, and student filming permit prices be limited to under 50% of otherwise standard permit prices.
Revisions to Citywide Fee Schedule:
Additionally, the following fees will be removed from the Citywide fee schedule as FilmLA will process said fees according to their fee structure: Chapter I – Miscellaneous Charges, Section 2: Filming & Special Event Fees:
1. Filming “No Parking” Signs
2. Filming Application Fee – Low Budget Filming
3. Filming Application Fee All Others
4. Filming Application Fee Amendment/Revision to Application
5. Filming Application Fee Student & Non-Profit Organization
STAKEHOLDERS/OUTREACH
If the proposed changes are approved by the City Council, staff will host individual transition meetings with FilmLA, City Departments, and the Montrose Shopping Park Association (MSPA), given the high rate of filming that occurs within the Montrose District. No other business or residential areas should experience a change associated with this transition.
FISCAL IMPACT
There is no fiscal impact associated with this report. Although the City will forgo the application fee, which grossed approximately $67,000 in FY 20-21, the City will in fact save significantly more in total staffing costs associated with processing and managing this operation, as staffing costs accrued in this operation are $192,000 per year. Staffing resources freed up as a result of the outsourcing will be redirected to other projects and assignments in the City Manager’s Office. It is important to note that the City will continue collecting rental revenue associated with filming operations taking place at City-owned facilities such as parking lots, the City Hall campus, and the Old Police Station, among other locations, which currently results in approximately $350,000 per year from rental revenue.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
N/A
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements. 81 of 163
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ALTERNATIVES
1. The City Council may introduce the ordinance and adopt the resolution to allow for film permit issuance and oversight to be transferred to FilmLA.
2. The City Council may decide to retain film operations in-house. Doing so would require a reassessment of existing resources and the need to revisit both staffing levels as well as an update to the current schedule of fees.
3. The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Prepared by:
Solene Manoukian, Community Relations Coordinator
David Ligtenberg, Assistant City Attorney
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit A: FilmLA Service Area
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Exhibit A: FilmLA Service Area
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ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA
AMENDING PORTIONS OF CHAPTER 5.92 OF THE GLENDALE MUNICIPAL CODE, 1995,
TO ALLOW FOR THIRD-PARTY ISSUANCE AND OVERSIGHT
WHEREAS, the City of Glendale requires a permit for a person to engage in the business or activity of filming within the City; and
WHEREAS, such permits have historically been applied for, issued by, and administered by the City Manager’s office; and
WHEREAS, the City has initiated plans to contract with a third-party consultant, beginning July 1, 2022, to take on much of the work of application, issuance, and oversight of filming and film permits within the City; and
WHEREAS, such third-party’s actions require some modification to provisions of Chapter 5.92 of the Glendale Municipal Code in regard to Motion Picture and Television Permits;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that all of the facts, findings, and conclusions set forth above in this Ordinance are true and correct and hereby incorporate them by this reference.
SECTION 2. Chapter 5.92 of the Glendale Municipal Code, 1995, entitled “Motion Picture and Television Production Permit,” is hereby amended to read as follows:
5.92.010 Motion Picture and Television Production
A. No person shall engage in the business or the activity of filming, taking or producing motion pictures for educational, entertainment or other commercial purposes, other than for news purposes, at any time and at any place other than at or in an established motion picture or television studio in the city and no person shall engage in such business or activity for such purposes, other than for news purposes, anywhere at any time if the services of city employees, or if the rental or other use of city-owned personal property and/or utilities, other than utilities paid for by private service users serviced by the city, is or are involved, unless a permit for such business or activity during such period of time has first been granted by the City Manager or a designee.
B. In no event shall such activities be performed or conducted in excess of the time period for which the permit provided for in subsection A of this section is issued.
5.92.020 Motion Picture and Television Production—Permit—Application—Form and Fees
A. No permit required by section 5.92.010 shall be issued until after: (1) the applicant has first completed, signed and dated an application for the permit on forms 84 of 163
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provided by the City Manager or a designee; (2) the applicant has deposited with the City Manager or a designee a permit application and investigation fee; (3) the applicant has deposited with the City Manager or a designee all other sums of money and/or completed documents as may be required under this code.
B. The amount or rate of any permit, license, charge or other fee under this chapter shall be established and/or modified by resolution of the city council. The schedule for the fees shall remain on file and be available in the office of the city clerk.
The City Manager or a designee shall review the fees charged at least once annually and shall recommend changes to the council when appropriate.
5.92.030 Motion Picture and Television Production-Permit-Application Requirements
A. The City Manager or a designee shall prepare and supply a form for application for the permit required by section 5.92.010. The form shall require the following information and shall be signed and dated by the applicant:
1. Full legal name of applicant;
2. Business name of applicant (if different);
3. Business address of applicant;
4. Business telephone of applicant;
5. Location of proposed filming or taping;
6. Dates and times of proposed filming or taping;
7. List of all motor vehicles (by make, type and license number) of applicant, applicant’s agents or employees to be parked on city streets or parking lots during filming or taping;
8. Services of city employees desired or required on location during filming or taping;
98. Description of scene to be filmed or taped;
109. Name of person in charge on location;
11. Detailed site map indicating locations of major equipment and functional areas (filming, staging, base camp, generators, etc.); and
1210. Any other information as the city manager may deem necessary or desirable.
B. An original application submitted for processing and review may be amended or revised before the effective date of the permit. No such original application shall be amended or revised more than twice. Thereafter, a new application shall be filed and another original application fee shall be paid.
5.92.040 Motion Picture and Television Production—Permit—Charges for Use of City Property and Employees
A. A charge is imposed for the use or occupation of city-owned or controlled real property, including public streets, when the proposed use or occupation may be exclusive or otherwise disruptive of the free public use by either motor vehicles or pedestrians, or both, for the purposes designated in section 5.92.010. 85 of 163
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B. A charge is imposed for the services of each city officer or employee, including public safety personnel, used for any purpose arising out of or connected with the issuance of a permit under section 5.92.010.
C. A charge is imposed for each inspection by fire division personnel of the location of the proposed filming or taping.
D. A charge is imposed for costs of overhead and administration incurred by the city.
E. A charge is imposed for each item of city-owned or controlled personal property and/or utilities, other than utilities paid for by private service users serviced by the city, used for any purpose arising out of or connected with the issuance of a permit under section 5.92.010. The amount of the charge, if not provided elsewhere in this code, shall be in accordance with a rate schedule to be approved by the City Manager.
F. Any charges imposed in this code are in addition to the permit application and investigation fee required by section 5.92.020(A). Before the City Manager or a designee issues the permit, the applicant shall make a minimum deposit. The minimum deposit shall be the amount of the permit application and investigation fee, together with a sum equal to the estimated total of all charges due or payable under this code for each calendar day for which the permit is in effect. For deposit purposes, each portion of a calendar day shall be counted as a full calendar day or as eight hours, whichever is applicable. Any unearned portion of the deposit shall be returned to the permittee after completion of the authorized activities for which the permit was issued. Any amount due the city in excess of the deposit shall be payable within ten days after receipt of an itemized statement of charges, less the amount of the deposit. The permit application and investigation fee shall be paid and collected at the time the application for the permit is filed. The minimum deposit need not be made until immediately before the permit is issued.
5.92.050 Motion Picture and Television Production—Permit—Conditions of Approval
A. It shall be a condition of the issuance and continued validity of any permit granted under section 5.92.010 that the permittee first take out, pay for and maintain a policy of general liability insurance. Insurance requirements prior to obtaining such permits shall be determined by the City Attorney.The policy shall insure the city, its agents, officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for property damage or personal injury, including accidental death, occurring during the period and as a result of the activities for which the permit was issued. The policy shall cover damages, injuries or losses caused by or arising out of: (1) any negligent act or omission of the permittee, the permittee’s agents, officers or employees, or of any agent, officer or employee of the city; and (2) the condition of any city-owned or controlled property, whether real or personal. The amount of coverage shall be not less than five hundred thousand dollars as a combined single limit; provided, however, that the city manager shall have authority to require higher limits if, in the city manager’s opinion and discretion, the type of activity permitted is of a nature that warrants greater risk protection. In addition, the policy shall contain a severability of interest clause and provide that the coverage shall be primary for losses 86 of 163
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arising out of the permittee’s activities. Neither the city nor any of its insurers shall be required to contribute to any loss.
B. The permittee shall furnish a certificate of insurance countersigned by the insurance carrier on a form of the carrier setting forth the general provisions of the insurance coverage. This countersigned certificate, along with an additional insured endorsement, shall verify that the city, its agents, officers and employees are named as additional insureds under the policy, and further, that this insurance is primary to the coverage of the city. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify the city of any material change, cancellation or termination of the coverage at least thirty days in advance of the effective date of the change, cancellation or termination.
C. It shall be a condition of the issuance of any permit granted under section
5.92.010 that the permittee shall agree to defend and to hold the city, its agents, officers and employees harmless from any and all liability, claims and actions of any kind whatsoever resulting from or arising out of the city’s issuing the permit.
D. It may be a condition of the issuance of any permit granted under section
5.92.010, if in the City Manager’s opinion and discretion such condition is necessary or desirable in the city’s best interest, that the permittee be required to take out, apply for and maintain policies of insurance, such as auto or fire coverage, and/or faithful performance bonds, in coverage limits and/or penal sums as the City Manager may deem appropriate under the circumstances surrounding the activities permitted.
E. All documents required by section 5.92.030 and this subsection shall be completed by or on behalf of the permittee. All documents shall be reviewed and approved by the City Attorney before the permit is executed by the city manager.
5.92.060 Motion Picture and Television Production—Permit—Issuance or Denial The City Manager or a designee shall issue a permit as required by section
5.92.010 unless the city manager finds that any information or statement contained on the permit application form is untrue or that the public health, safety or welfare will be, or has been, adversely affected to a significant degree by any one or more of the following:
A. Anticipated or actual:
1. Land use contemplated,
2. Disruption or obstruction of traffic, parking or business,
3. Length of time required to conduct specified activity; B. Attitude of neighborhood;
C. Number of permits granted previously for specified location; D. Past performance of permittee in adhering to conditions.
5.92.070 Motion Picture and Television Production—Permit—Exceptions—Fees A. The application and investigation fee set forth in Section 5.92.020(A) and the per day charge set forth in Section 5.92.040(A) shall not be applicable to a public affairs program (as defined by the Federal Communications Commission) under the following circumstances:
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1. When the proposed use or occupation is of a public street, provided that the use is not exclusive or otherwise disruptive of the free public use by motor vehicles, pedestrians or both;
2. When the proposed use is of city-owned or controlled real property other than public streets.
B. For nonprofit corporations, organizations or associations (as defined by Revenue and Taxation Code Sections 23701d and 23701(1)), public affairs programs (as defined by the Federal Communications Commission), and for students who are enrolled in a school, college or university (as defined by Business and Professions Code Section 18629) and who are filming or videotaping as part of a class project, any application fee, service charge, or transaction fee for the obtaining of a permit shall be discounted to no more than fifty percent (50%) of standard rates for such permit.the application and investigation fee set forth in Section 5.92.020(A) shall be established by resolution.
SECTION 5. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) and, therefore, an environmental review is not required under Section 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment]; Section 15060(c)(3) [the activity is not a project as defined in Section 15378]; and Section 15061(b)(3)[no possibility exists that the activity in question may have a significant effect on the environment] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
SECTION 6. Severability. This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision.
SECTION 7. Effective Date. This Ordinance shall take effect and be in force beginning on July 07, 2022.
Adopted by the Council of the City of Glendale on the _______ day of ________, 2022.
______________________________
Mayor
ATTEST:
___________________________________
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF GLENDALE )
I, Aram Adjemian, City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ________________, 2022, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk
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RESOLUTION NO. __________
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE
REMOVING CERTAIN FEES IN THE CITYWIDE FEE SCHEDULE RELATED TO
FILM PERMITS
WHEREAS, Chapter 5.92 of the Glendale Municipal Code, 1995, directs the activities related to Motion Picture and Television Production Permit operation of the City; WHEREAS, currently, Chapter 5.92 requires various fees, including application fees, that support the City’s issuance and oversight of motion picture and television production permits;
WHEREAS, the City desires to contract with a third-party consultant, FilmLA, to take over the work of application, issuance, and oversight of filming and film permits within the City;
WHEREAS, FilmLA has its own application and fee structure that will replace the currently-required City fees in this regard and free up the staff time and resources supported by those fees;
WHEREAS, Chapter 5.92 is concurrently being amended to remove the requirement for various fees based on these changes;
WHEREAS, the Council finds there is a need to modify the Citywide Fee Schedule to remove those fees related to film permits that will no longer be required by the Glendale Municipal Code;
WHEREAS, the contract with, and transition to services by, FilmLA will take place on July 1, 2022, and therefore the amendments to Chapter 5.92 and these changes to the Citywide Fee Schedule should occur that same day.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE:
The Council hereby removes the following fees from the Citywide Fee Schedule in Chapter I – Miscellaneous Charges, Section 2: Filming & Special Event Fees:
1.Filming “No Parking” Signs
2.Filming Application Fee – Low Budget Filming
3.Filming Application Fee All Others
4.Filming Application Fee Amendment/Revision to Application
5.Filming Application Fee Student & Non-Profit Organization
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Adopted by the Council of the City of Glendale on this _____ day of ________, 2022, to take effect on July 07, 2022.
Mayor
ATTEST:
________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF GLENDALE )
I, Aram Adjemian, City Clerk of the City of Glendale, certify that the foregoing Resolution No._______________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _____________ day of ______________, 2022, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
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________________________________
City Clerk
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Exhibit A: FilmLA Service Area
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Professional Service Agreement with Pasadena Humane Society for Animal Control Services
1. Motion authorizing the City Manager, or his designee, to execute an agreement with Pasadena Humane Society for animal control services for a five-year period in an amount not to exceed $5,010,464.
2. Ordinance for Introduction
COUNCIL ACTION
Item Type: Action Item
Approved for June 7, 2022 calendar
EXECUTIVE SUMMARY
In 2006, the City Council authorized a long-term services agreement with the Pasadena Humane Society (PHS) for a period of sixteen years and three months. During the negotiations at that time, the City agreed to make a $2 million initial payment in addition to the annual costs. The upfront payment was to assist PHS to expand and improve their facilities in order to accommodate Glendale’s animal control needs. In exchange, PHS agreed to enter into a longer term agreement in order to provide cost certainty for the City. The current contract expires on June 30, 2022.
Prior to 2006, the City Council and staff evaluated other options to include constructing and running a City owned facility and contracting with other agencies, such as Los Angeles County Animal Control and the City of Burbank. Ultimately, the City Council selected PHS because of the combination of service levels for the City and community as well as the total long-term costs. For those same reasons, PHS remains the most viable option for the City.
To summarize the final negotiations with PHS, they have agreed to a five year service contract with a maximum cost of $5,010,464 (Exhibit 1). All services and access to facilities for the City remain unchanged with the exception that PHS will now handle the issuance of City animal licenses for rabies vaccinated pets and non-commercial kennel 94 of 163
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permits in compliance with licensing ordinances and fees established by the City, and PHS will retain 100% of the revenue from the licensing and non-commercial kennel services. A proposed ordinance to update specified provisions in Glendale Municipal Code Chapters 6.04 relating to animals is also attached.
COUNCIL PRIORITIES
NA
RECOMMENDATION
Approve the motion authorizing the City Manager, or his designee, to execute a professional services agreement with PHS for animal control services for a five-year period beginning on July 1, 2022 and concluding on June 30, 2027, in an amount not to exceed $5,010,464.
In addition, staff recommends introduction of the proposed ordinance amending specified provisions in Title 6 of the Glendale Municipal Code to replace references to “city clerk” with “Community Development Department or its authorized agent.”
BACKGROUND
In the preceding years of the current agreement with PHS, the City had already been contracting with PHS on an interim basis between 2002 to 2006. Before ultimately moving forward with a long-term agreement in 2006, the City extensively researched the possibility of constructing and running a City owned facility as well as options for contracting with other agencies.
Ultimately, it was determined that the construction and operational costs were too expensive for a City owned facility. The estimated costs ranged between $20 million to $26.1 million for the construction and acquisition of land and another $1.7 million to $2.6 million in operational costs, in 2004 dollars.
The least costly alternative was to contract for animal control services. After evaluating the costs and service models between the City of Burbank, PHS and Los Angeles County Animal Control, the City selected PHS based on the combination of desired service levels and costs. The factors that were considered when selecting PSH over the other agencies remain the same.
The City of Burbank does not have the physical capacity to handle services for the City nor do they have plans to expand and rebuild their facility in the near future. The Los Angeles County Animal Control may be slightly less costly but they cannot compete with the level of services provided by PHS. Additionally, the county facility in which the City would get its service from is based out of the City of Baldwin Park which is 95 of 163
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approximately 23 miles from the City. The issues related to distance alone would make significant impacts on service.
The PHS is nearly a 120-year-old, independent, private, non-profit organization dedicated to animal welfare. The facility cares for more than 10,000 animals annually from various surrounding cities. PHS now has twenty years of experience handling all of Glendale’s animal care needs and the service has been exemplary.
ANALYSIS
Because of the quality of animal care services, the service level offered by PHS, and the lower cost as compared to constructing and operating a facility, staff believes the best option available to the City at this time is to enter into a new five year agreement.
PHS’s emphasis on animal welfare will result in the continued provision of humane, quality care and control services to Glendale animals.
A summary of the financial analysis for the five year proposed contract period with PHS is shown below. The annual contract amount is based upon the terms in the agreement. Increases are calculated for each year and capped at 3%. 7/01/2022 to
6/30/2023
7/01/2023 to
6/30/2024
7/01/2024 to
6/30/2025
7/01/2025 to
6/30/2026
7/01/2026 to
6/30/2027
Max Cost of
Agreement
from
FY 2023 to
FY2027
$943,743.72 $972,056.03 $1,001,217.71 $1,031,254.25 $1,062,191.87 $5,010,463.59 The proposed contract includes PHS assuming responsibility for animal licensing and enforcement programs that are currently managed by the Community Development Department’s Neighborhood Services Code Compliance and Licensing Division. The City’s costs related to staffing and supervision of these services are estimated at approximately $201,394 annually (excluding M&O). Revenues received from the program average approximately $150,000 annually. With respect to these services being assumed by PHS, pursuant to the proposed agreement, PHS will retain 100% of the revenue.
Also, since animal licensing is no longer processed by the City Clerk’s Office, attached is a proposed ordinance amending specified sections in Chapters 6.04 and 6.08 of the Glendale Municipal Code to delete references to “city clerk” and to replace this term with the “Community Development Department or its authorized agent” as the appropriate licensing department.
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STAKEHOLDERS/OUTREACH
PHS has been servicing Glendale residents and businesses for the past 20 years. If the new agreement is authorized, the City of Glendale will make public notifications of the continued partnership with PHS by way of social media platforms and a press release.
FISCAL IMPACT
The PHS contract will cost $5,010,464 over five years, with the first year cost being $943,744. Funding for future years will be requested as a part of the annual citywide budget process. The funding proposed in the FY2022-23 Budget to City Council is outlined below:
Amount Account String Funding Source
$943,744 GL: 43110-1070-GPD-8510-P8028-
PL: N/A
General Fund
(Measure S)
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The proposed agreement is exempt under California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) because it does not constitute a project under CEQA Guidelines sections 15060(c)(3) and 15378(b)(4). The proposed agreement involves governmental fiscal activities that do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Further, the proposed action is exempt in that proposed agreement does not constitute a project under CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that it will have no impact on the environment.
CAMPAIGN DISCLOSURE
The Pasadena Humane Society is a non-profit organization that is governed by a board of directors. A full list of officers and board members is attached to the City of Glendale Campaign Disclosure form (Exhibit 2).
ALTERNATIVES
Alternative 1: Adopt the motion and introduce the ordinance as requested by the Police Department.
Alternative 2: Not adopt the motion which would leave the City without necessary animal control services. Further, if the council does not introduce the proposed ordinance, the Glendale Municipal Code sections discussed in this report would remain unchanged and continue to reference the city clerk as the licensing department which is incorrect.
Alternative 3: The City Council may consider any other alternative not proposed by staff.
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ADMINISTRATIVE ACTION
Prepared by:
Robert William, Captain
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Proposed Professional Services Agreement
Exhibit 2: Disclosure – Campaign Finance Ordinance
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M O T I O N
Moved by Council Member _________________________, seconded by Council Member _________________________, to authorize the City Manager, or a designee, to execute a professional services agreement between the City of Glendale and the Pasadena Humane Society for animal control services for a five (5) year term and in an amount not to exceed $5,010,464, as more specifically discussed in the report to the City Council by the Chief of Police dated June 7, 2022. The form of the agreement shall be subject to approval by the City Attorney.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA AMENDING CHAPTERS 6.04 AND 6.08 IN TITLE 6, OF THE GLENDALE MUNICIPAL CODE, 1995, RELATING TO DOGS AND CATS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1.Section 6.04.180 of the Glendale Municipal Code, 1995 regarding animal license fees is amended as follows.:
6.04.180 Fees.
The amount or rate of license fees, filing fees, permit fees, and any other fees to be paid to the city as provided in this chapter, shall be established and/or modified by resolution of the city council. The schedule for such fees shall remain on file and be available in the office of the Community Development Departmentcity clerk. The Community Development Departmentcity clerk shall review the fees charged for such services at least once annually and shall, with the approval of the city manager, recommend changes to the council when the costs for such services make it appropriate.
All of such license fees, permit fees, filing fees and any other fees provided for in this chapter shall be paid to the Community Development Department or its authorized agentcity clerk.
SECTION 2.Section 6.04.290 of the Glendale Municipal Code, 1995 regarding animal license fees is amended as follows.:
6.04.290 Fees—Collection.
It shall be authorized and competent for any contract entered into by the city pursuant to the provisions of Section 6.04.280 to provide that the duties of the city clerkCommunity Development Department imposed by any section of this title may be performed by the person, firm, association or corporation with whom such contract is thus entered into.
Such contract may provide for the collection and the retention of all fees collected pursuant to such contract as the consideration for such services. 101 of 163
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SECTION 3. Section 6.08.080 of the Glendale Municipal Code, 1995, regarding dog licensing is amended to read as follows:
6.08.080 License—Fees—Penalty for delinquency—Duration.
A. Any person owning or having custody or control of any dog over the age of four (4) months shall pay for the privilege of keeping such dog in the city an annual license fee as established in accordance with Section 6.04.180. If the dog is spayed or neutered, or if in the opinion of a licensed veterinarian, evidenced in writing to the satisfaction of the Community Development Department or its authorized agentcity clerk, the dog is too old or infirm or otherwise unable to reproduce, as the case may be, the owner shall be entitled to a reduction in the dog license fee as established in accordance with Section 6.04.180. If an applicant for such license is sixty-five (65) years of age or older and has a gross income which falls within the income limits for low and moderate income families established by the U.S. Department of Housing and Urban Development on file in the office of the Community Development Department or its authorized agentcity clerk, such applicant shall pay one-half (½) of the respective dog license fees for altered and unaltered dogs as established in accordance with Section 6.04.180 after certifying to the satisfaction of the city clerkCommunity Development Department or its authorized agent that such applicant is eligible for such reduction in fees, provided that such applicant is the actual person who harbors and cares for such dog. No license fee shall be required to be paid for any guide dog trained to assist blind persons or those who are visually impaired, any signal dog trained to assist deaf persons or those who are hearing impaired, or any service dog trained to assist disabled persons when any such dog is actually being so used.
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B. Such license fees shall be due and payable within thirty (30) days after notification by the city or its authorized agent that such fee is due, or within thirty (30) days after the first possession of a dog four (4) months of age or over, or within thirty (30) days after a dog reaches the age of four (4) months, or within thirty (30) days after a dog’s arrival in the city, whichever shall occur first. License fee payments which are not paid within the periods before mentioned shall be deemed delinquent and a penalty fee shall be added. Such penalty fee shall be established in accordance with Section 6.04.180
C. A dog license shall expire one year from the date of approval the date indicated on the face of the license, or upon expiration of the dog’s anti-rabies immunization, whichever occurs first. Dogs having an expired anti-rabies immunization shall be revaccinated within sixty (60) days thereof. Upon presentation to the city clerkCommunity Development Department or its authorized agent of a new anti-rabies vaccination certificate showing compliance within such time, the expired license may be reinstated for the balance of the license period.
D. This section does not apply to commercial kennel operators as defined in Section 6.08.130.
SECTION 3.Section 6.08.090 of the Glendale Municipal Code, 1995, regarding dog licensing is amended to read as follows:
6.08.090 Tags—Replacement tags.
A. Upon receipt of the license fee, the city clerk Community Development Department or its authorized agent shall issue a dog license and a numbered tag with the words “City of Glendale Dog Tag” indicated thereon. Such tags shall be good for the life of the dog or until such time as the city clerk Community Development Department or its authorized agent determines the need for a replacement tag.
B. A replacement tag will be issued for lost or mutilated tags upon payment of 103 of 163
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a replacement dog tag fee, as established in accordance with Section 6.04.180.
SECTION 4.Section 6.08.100 of the Glendale Municipal Code, 1995, regarding dog licensing is amended to read as follows:
6.08.100 License—Issuance.
A. The city clerkCommunity Development Department or its authorized agent shall not issue a dog license unless the applicant:
1. Exhibits or has on file with the city clerkCommunity Development Department or its authorized agent a certificate signed by a veterinarian licensed either by the state of California or by any other state to practice veterinary medicine that:
a. Such dog has been vaccinated with an approved eighteen (18) month vaccine less than one (1) year prior to the date of application or the first day of the license, whichever is later; or b. Such dog has been vaccinated with an approved thirty (30) month vaccine less than two (2) years prior to the date of application or the first day of the license, whichever is later; or c. Such dog is exempted from vaccination by this chapter.
B. When the city clerk Community Development Department or its authorized agent issues a dog license, such license shall show the age of the dog, the date the dog’s vaccination expires, or that the license was issued without proof of vaccination, as provided in this section.
C. The city clerkCommunity Development Department or its authorized agent may accept payment of the fee for a license tag and a license for a dog which has not been vaccinated as required by this chapter on condition that the owner of such dog, within five (5) days thereafter, have such dog vaccinated and submit the required veterinarian’s certificate to the city clerk Community Development Department or its authorized agent. Upon receipt of such certificate the city clerk 104 of 163
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Community Development Department or its authorized agent shall issue the license tag and license.
SECTION 5.Section 6.08.120 of the Glendale Municipal Code, 1995, regarding dog licensing is amended to read as follows:
6.08.120 Records.
The city clerk Community Development Department or its authorized agent shall enter in a register kept by the city clerk Community Development Department or its authorized agent for that purpose the name and address of the person to whom a license is issued under the provisions of this chapter, a description of such dog, the number of the tag and the date of its issuance.
SECTION 6. Section 6.08.140 of the Glendale Municipal Code, 1995, regarding kennels is amended to read as follows:
6.08.140 Kennels—Permit to establish required.
No person shall establish, keep or maintain any commercial or noncommercial dog or cat kennel in the city without first having obtained a permit in writing from the Community Development Department or its authorized agentcity clerk to do so as provided by Section 6.08.151 of this code.
SECTION 7. Section 6.08.150 of the Glendale Municipal Code, 1995, regarding kennels is amended to read as follows:
6.08.150 Kennels—Application and permit requirements.
A. Any person desiring to obtain a kennel permit shall file a written application therefor with the city managerCommunity Development Department or its authorized agent, stating the proposed location of such dog or cat kennel, the name of the applicant, and the number of dogs and/or cats to be kept therein at any one time.
B. Such application for a permit shall be accompanied by a filing fee as established in accordance with Section 6.04.180. Only a single fee shall be 105 of 163
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required for an application to establish, keep or maintain both a dog kennel and a cat kennel on the same premises.
C. Any applicant granted a kennel permit shall pay the entire permit fee as established in accordance with Section 6.04.180, for the remaining fraction of the permit year in which such applicant applies. Such permit fee shall thereafter be paid annually, in advance, to the city clerk Community Development Department or its authorized agent, and shall be due and payable at the time the permit is approved or renewedon the first day of February each year.
D. Each permittee, except for commercial kennel operators, shall license all existing dogs kept by the permittee according to Sections 6.08.080 through
6.08.120 prior to the issuance or renewal of the dog kennel permit by the Community Development Department or its authorized agentcity clerk. Failure of the permittee to license such dogs shall be grounds for revocation of the permit.
Such license fee (or fees) shall be in addition to and must accompany the permit fee payment. All licenses for dogs within a noncommercial kennel shall become due and expire on the same date as the kennel permit. Each dog tag number shall be recorded on each dog kennel permit issued annually by the city clerk Community Development Department or its authorized agent.
E. Any refusal by the kennel permit holder to permit an inspection of the premises described in the permit by any authorized official at any reasonable time shall constitute grounds for revocation of the kennel permit.
SECTION 8. Section 6.08.151 of the Glendale Municipal Code, 1995, regarding kennels and stables is amended to read as follows:
6.08.151 Permits—Kennels, stables.
All applications for permits required by Sections 6.08.140 and 6.12.020 of this code shall, except as otherwise provided in this chapter, be made to the cityCommunity Development Department or its authorized representative . It shall be the duty of the city 106 of 163
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clerkCommunity Development Department or its the city clerk’s authorized representative to act upon all such applications pursuant to the restrictions and standards provided by this chapter and to grant or refuse permits in accordance therewith. It shall be the duty of the city clerk Community Development Department or itsthe city clerk’s authorized representative, upon receipt of any application for a permit as provided hereunder, to make or cause to be made strict inquiry into the facts set out in such application, and if upon such inquiry the Community Development Departmentcity clerk or city clerk’sits authorized representative shall find such business, occupation, or act is, and is intended to be, conducted so as to comply with all the laws, ordinances, rules and regulations which shall then be in force in the city concerning the location, management and control of such business, occupation or act, and that the same shall not be a menace or probable menace to the public peace, health, comfort and welfare, or that same shall not be a nuisance or probable nuisance, then the city clerk Community Development Department or the city clerk’sits authorized representative shall issue a permit upon such conditions as the Community Development Department or its authorized representativecity clerk shall deem necessary. No permit issued under this chapter shall be transferable or assignable to any person or entity. Any change in location or name of the person(s) or entity from that which is shown on the issued permit shall require a new permit to be obtained.
Any person aggrieved by the action of the Community Development Department or its authorized representative city clerk may appeal to the animal administrative hearing officer within the time and in the manner provided in Section 6.08.153.
SECTION 9. Section 6.08.152 of the Glendale Municipal Code, 1995, regarding revocation, suspension, and appeal is amended to read as follows:
6.08.152 Revocation, suspension—Notice—Appeal.
Any permit issued under the terms of Sections 6.04.160, 6.08.140 and 6.12.020 may be suspended or revoked by the city clerk Community Development Department or 107 of 163
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its authorized agent when it shall appear that the business or occupation or the doing or performance of the act for which the permit was granted is conducted, maintained, done or performed contrary to the application described in Section 6.04.160, 6.08.150 or
6.12.030, or in violation of any of the conditions imposed by the Community Development Department or its authorized agentcity clerk at the time of issuing the permit, or in violation of any of the provisions of this code or in violation of any of the laws of the state, or is conducted, maintained, performed or done so as to constitute a nuisance or disturb the peace of persons in the vicinity or in any manner deleterious to the public peace, health or welfare; provided, however, that no such permit shall be revoked by virtue of this section until a hearing shall have been held by the Community Development Department or its authorized agentcity clerk. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least seven days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing in the application. Any person aggrieved by the action of the Community Development Department or its authorized agentcity clerk in revoking, suspending or refusing to revoke or suspend any permit may appeal to the animal administrative hearing officer within the time and in the manner provided in Section 6.08.153 of this code.
SECTION 10. Section 6.08.153 of the Glendale Municipal Code, 1995, regarding animals, kennels, stables, appeals and hearings is amended to read as follows:
6.08.153 Animals—Kennels—Stables—Appeals—Hearing.
A. Any applicant or other aggrieved party dissatisfied with the determination of the city clerk Community Development Department or its authorized agent relative to an application filed under Section 6.04.160, 6.08.140 or 6.12.020, or the 108 of 163
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revocation or suspension by the city clerk Community Development Department or its authorized agent of any said permit, may appeal to the animal administrative hearing officer from said determination. Any such appeal shall be filed in writing in duplicate with the Community Development Department or its authorized agentcity clerk. Such written notice of appeal shall be filed not later than fifteen days after the act or determination appealed from. If there has been a previous hearing by the city clerk Community Development Department or its authorized agent and, the result of that hearing is announced on a date other than the date specified for the hearing or continued hearing of the matter, any person who appeared at said hearing and addressed the Community Development Department or its authorized agentcity clerk in connection with such matter may file the notice of appeal not later than fifteen days after actual notice of the decision of the Community Development Director or its authorized agentcity clerk or fifteen days after the mailing of notice by the city clerkCommunity Development Department or its authorized agent of the determination to such a person.
B. Timely filing of the notice of appeal shall be a jurisdictional requirement.
C. Every notice of appeal shall contain a statement of the facts upon which it is based and the relief requested in sufficient detail to enable the animal administrative hearing officer to understand the nature of the controversy and the parties concerned.
D. At the time of filing the notice of appeal, the appellant shall pay the fee as required under Section 6.04.180 of this code.
E. Notice of the hearing on the appeal shall be provided in writing by United States mail postage prepaid to the appellant and all interested parties of record at least ten days prior to the hearing. The hearing shall be conducted by a paralegal or an attorney in the city attorney’s office, or in the case of a conflict, an individual in the city manager’s office to be appointed by the city manager to hear the case. 109 of 163
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F. The hearings shall be de novo and a decision with findings shall be made based upon the criteria set forth under Sections 6.08.151 and 6.08.152 of this code.
G. The determination of the animal administrative hearing officer regarding any such case shall be final and conclusive on all parties and any petition for judicial review shall be brought pursuant to Section 2.88.120 of this code.
SECTION 11. Section 6.08.190 of the Glendale Municipal Code, 1995, regarding duty of person performing vaccinations is amended to read as follows:
6.08.190 Duty of persons performing vaccinations.
A. Every person practicing veterinary medicine in the city who vaccinates a dog with rabies vaccine shall issue to the person to whom such person delivers the dog a duplicate original of a certificate signed by the veterinarian which states:
1. The name and address of the owner or harborer of the vaccinated dog;
2. The kind of vaccine used, the name of the manufacturer and the manufacturer’s serial or lot number, and the date of the vaccination;
3. The breed, age, color and sex of the vaccinated dog;
4. The year and serial number of the license tag, if any.
B. The original copy of the certificate shall be mailed to the city clerk Community Development Department or its authorized agent within five days after the date of vaccination.
SECTION 12. Severability.
This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would 110 of 163
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have passed the remainder of this Ordinance without the invalid or unconstitutional provision.
SECTION 13. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
SECTION 14. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
Adopted by the Council of the City of Glendale on the ___ day of _________, 2022.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Aram Adjemian, City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2022, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
City Clerk
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1 PROFESSIONAL SERVICES AGREEMENT FOR ANIMAL CONTROL, SHELTER,
AND LICENSING SERVICES BETWEEN THE CITY OF GLENDALE AND
THE PASADENA HUMANE SOCIETY
THIS AGREEMENT, hereinafter designated as “Agreement,” is made and entered into as of , 2022, by and between the CITY OF GLENDALE, a municipal corporation, hereinafter designated as the “City,” and the PASADENA HUMANE SOCIETY, a non-profit corporation organized and existing under the laws of the State of California and hereinafter designated as the “Pasadena Humane” (collectively, “Parties” or individually, “Party”).
RECITALS
WHEREAS, Pasadena Humane is a non-profit corporation organized and existing for the prevention of cruelty to animals in accordance with the laws of the State of California, with its principal place of business in the city of Pasadena, State of California; and
WHEREAS, Pasadena Humane is currently providing animal shelter and animal control services for the City; and
WHEREAS, City desires to continue to use the services, equipment, facilities, and supplies of Pasadena Humane in the enforcement and performance of the powers and duties related to animal control in the City of Glendale, as set forth in all applicable sections of the Glendale Municipal Code, as amended from time to time, and herein referred to as the "Code"; and
WHEREAS, Pasadena Humane is willing to provide services, supplies, materials, and use of its equipment, and facilities in the enforcement and performance of said powers and duties for the remuneration herein stated; and WHEREAS, Pasadena Humane represents that it has that degree of specialized expertise contemplated within California Government Code § 37103 and holds all necessary licenses to practice and perform the services contemplated in this Agreement; and
NOW, THEREFORE, the Parties hereto agree as follows:
1. Appointment. City appoints Pasadena Humane as the Animal Control Authority of the City of Glendale for the period beginning July 1, 2022, and ending June 30, 2027, and hereby authorizes, directs, and empowers Pasadena Humane to perform all powers and duties conferred and imposed by the Code and applicable state and federal laws as they may be amended from time to time during the term of this Agreement.
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2 2. Acceptance of Appointment. Pasadena Humane agrees and undertakes to perform all the powers and duties conferred and imposed during the term of this Agreement by the provisions herein.
2.1 Persons performing services shall be of such training and experience that they can perform their duties and meet and handle the public in a courteous manner. Pasadena Humane’s Animal Control Officers shall strictly adhere to the certification and training requirements of the Animal Control Officer Standards Act as provided under California Health and Safety Code § 26220 et seq.
2.2 Time of Performance: The professional services to be performed pursuant to this Agreement shall commence from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
2.3 Excusable Delays: Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, pandemic, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.
3. Term. The services provided pursuant to this Agreement shall be for a period of five (5) years beginning on July 1, 2022, and ending on June 30, 2027, unless this Agreement ends sooner according to the terms elsewhere in this document.
4. Scope of Services. Pasadena Humane will provide all staffing, equipment, facilities, and supplies needed to provide animal licensing, care and control services and will adhere to applicable federal, state, and local laws, statutes, and ordinances regarding the humane care and treatment of animals. Animal licensing, care and control services will include: field services, sheltering services, medical services, reporting, and community programming and other services, as set forth below and in Exhibit "A" which is attached hereto and incorporated herewith.
4.1 Response to Service Requests. Pasadena Humane shall receive calls for service 24 hours per day, seven (7) days per week either through Pasadena Humane dispatch or after hours answering service and dispatch staff as appropriate. Pasadena Humane shall also respond to requests for animal control services made by City police officers or other City officials during both business hours and non-business hours as provided herein.
Pasadena Humane shall respond to requests by individuals who telephone City's police dispatch center or other City office or directly telephone the Pasadena Humane's dispatch center. City shall promptly notify Pasadena Humane of a request received by City for animal control services. 113 of 163
3 4.1.1 Pasadena Humane shall respond within two (2) hours to routine requests for animal control services, such as dogs at large, abuse/neglect complaints, and dead animals, seven (7) days a week during the hours of 8:00 a.m. to 8:00 p.m. (business hours).
4.1.2 Routine Service Calls During Non-Business Hours: Routine calls for service received during Pasadena Humane's non-business hours (8:00 p.m. to 8:00 a.m.) that cannot be handled by the City shall be handled by Pasadena Humane during the next business day.
4.2 Calls for Service During Non-Business Hours (8:00 pm to 8:00 am).
Other than the hours prescribed in Section 4.1.2 above, Pasadena Humane shall not be responsible for responding to calls during non-business hours, except as provided below:
4.2.1 Police Emergency Calls During Non-Business Hours: If, during Pasadena Humane's non-business hours, an emergency situation exists which cannot be handled by on-duty police officers, Pasadena Humane shall respond and perform the necessary services. To that end, Pasadena Humane shall have at least one Animal Control Officer on call at all times during non-business hours to handle emergency calls for service.
4.2.1 City's Police Department shall notify the Animal Control Officer on call immediately after the emergency call has been received.
Pasadena Humane shall provide a method for the City's Police Department to notify Pasadena Humane's on call Animal Control Officer by cell phone, pager or similar means.
4.3 Emergency Calls Defined. The definition of the term “emergency calls” is set forth in “Exhibit A”, which is attached to this Agreement and is incorporated into it by this reference.
4.3.1Pasadena Humane shall respond within forty-five (45) minutes to all emergency calls, regardless of whether the calls are initiated during business hours or non-business hours.
4.3.2In the case of an emergency call by the Glendale Police Department to impound an arrestee's property, Pasadena Humane may assess a reasonable impoundment fee to the owner of the animal, to be collected at the time of animal pick-up.
4.3.3If any governmental entity, including the City, requests Pasadena Humane to impound a particular animal or animals to be held as evidence in a judicial proceeding or for any other purpose, Pasadena Humane may assess a reasonable impound fee to such
governmental entity for any impound period for those animals which 114 of 163
4 require specialized care by virtue of their size and/or temperament, but not for those animals kept, stored, fed, maintained, or housed in the ordinary course and scope of business as an animal shelter (i.e., dogs, cats, etc.).
4.3.4Calls not considered emergencies include stray dogs and cats, barking dogs or loose dogs, dead animals, birds, or rodents, unless otherwise determined to be an emergency by the Glendale Police Department.
4.4 Pick-up Service. As referenced in Section 1.2 A “Field Services” in “Exhibit A.”
4.5 Patrol Services. Pasadena Humane agrees to provide "Directed Patrol Services" as requested by City. "Directed Patrol Services" is defined as patrol services intended for a specific area or problem and for a limited duration for the purpose of addressing enforcement issues relating to animals.
4.6 Police Operations. At the request of City, Pasadena Humane shall authorize a Certified Animal Control Officer as set forth in Health and Safety Code § 26222, to assist and support City's law enforcement operations when there may be animal related concerns. This includes but is not limited to providing animal control support during the execution of arrest and search warrants both inside or outside of the City of Glendale limits. Where City anticipates animal related concerns in advance, the humane officer shall participate in the pre-warrant briefing. Where City's police operations discover an animal related concern during the execution of any warrant, Pasadena Humane agrees to respond pursuant to Section 4 above as appropriate.
4.7 Animal Licensing. Pasadena Humane shall handle the issuance of City animal licenses for rabies vaccinated pets and non-commercial kennel permits in compliance with licensing ordinances and fees as established by the City and adopted in the annual budget process. One hundred percent (100%) of the revenue from the licensing and non-commercial kennel service will be retained by Pasadena Humane. Pasadena Humane shall make these licensing services available to City’s residents both in person and through an on-line internet portal.
4.8 Support of City's K-9 Program. Pasadena Humane shall provide support to City's K-9 program. Said support includes, but is not limited to, providing dog food normally kept by Pasadena Humane, basic veterinary services, and including required vaccinations.
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5 4.9 Animal-Caused Injuries. With respect to known animal bites or other form of injury caused by the actions of an animal, Pasadena Humane agrees to investigate and, where appropriate, quarantine animals at their owner's residence, or pick up, if needed, and hold in quarantine, animals involved in biting incidents.
4.9.1 Rabies Health Quarantine. Pasadena Humane agrees to pick up, if needed, accept, care for, and maintain in custody any dog or cat that has bitten a human from within the City territory to be held for rabies observation and to maintain such animals in an individual kennel. The animal will not have direct contact with other animals during its quarantine period. The "quarantine period" will be defined as being ten days from the time of the bite. If the animal should die during the quarantine period, Pasadena Humane shall immediately contact the County of Los Angeles Department of Health Services, as well as the animal's owner if known by Pasadena Humane.
Pasadena Humane will, upon being so ordered by an authorizing agency, euthanize any rabies quarantined dog or cat.
4.9.2 Health Quarantine. Pasadena Humane agrees to pick up, if needed, accept, care for, and maintain in custody any animal from within the City territory to be held for observation and to maintain such animal in an individual kennel away from contact with other animals during the time so held, as the appropriate authority may direct. In the case of a dog or cat bite, Pasadena Humane agrees to pick up, if needed, accept, care for, and maintain in custody any dog or cat that has bitten a human from within the City territory to be held for rabies observation and to maintain such animal in an individual kennel as provided for in Section 4.9.1 above.
4.10 Pasadena Humane's Education Plan. Pasadena Humane shall develop, with City input, an annual plan that details its education and outreach efforts for the City and its residents. Said plan shall include, but is not limited to, event dates, event descriptions, and description of program activities.
4.11 Spaying or Neutering. Pursuant to Food & Agricultural Code §§ 30503 and 31751.3, Pasadena Humane shall not sell or give away, to a new owner, any dog or cat that has not been spayed or neutered, unless such dog or cat is certified by a licensed veterinarian to be too sick or injured to be spayed or neutered, in which case a temporary deposit will be paid by the animal's owner to Pasadena Humane in an amount which is set by resolution of the City Council of the City of Glendale to be redeemed by the animal's owner at such point that the dog or cat is deemed healthy enough to be spayed or neutered and the owner provides proof of spaying or neutering to the Pasadena Humane, as required by Food & Agricultural Code §§ 30503(b) and 31751.3(b).
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6 4.12 Investigations. Pasadena Humane agrees to promptly investigate all cruelty-to-animal charges and complaints brought to the attention of Pasadena Humane by any person, and all complaints for barking and/or excessively noisy dogs and other animals within the City. Pasadena Humane shall have primary responsibility to handle and investigate barking and/or excessively noisy dog complaints. Any investigative reports relating to the foregoing shall be provided to the City Attorney for possible prosecution.
4.13 Dead Animals/Hazardous Materials. Pasadena Humane agrees to remove dead land animals (limited to a maximum of 150 pounds) from public and private property and dispose of these animals (a reasonable fee may be charged for removal of dead animals from private property).
Pasadena Humane also agrees to pick up and dispose of any dead animal from private property within the City without additional charge to City and to pick up and dispose of all dead wild animals and all dead domestic animals from public streets and public or private property without additional charge, other than the reasonable fee to be charged for removal of dead animals from private property.
4.14 Animal Shelter. Pasadena Humane agrees to furnish and maintain, during the term of this Agreement, without charge or expense to City, a building, facility, or enclosure which shall be suitable for the keeping and safe holding therein of all animals which are by law subject to impound. Pasadena Humane will comply with all local, state and federal laws in providing adequate shelter, care, and emergency veterinary services at the shelter.
Pasadena Humane will confine, dispose of, or treat any and all dogs, cats, or other small domesticated animals delivered by City residents to the Pasadena Humane in strict compliance with all local, state and federal laws, including but not limited to Food & Agricultural Code §§ 31108, 31752, and 31754.
4.14.1 Pasadena Humane shall permit the City to inspect its facilities during normal business hours or upon reasonable notice.
4.15 Inspections. Pasadena Humane agrees to make timely inspections and reports on all kennel permit applications for City in addition to any investigations initiated as the result of complaints or charges referenced in Section 4.13 of this Agreement. Pasadena Humane also agrees to inspect all pet shops engaged in the sale or exhibition of animals for conformance to local, state and federal laws and reasonable humane treatment, on a quarterly basis, and to inspect all commercial kennel permit holders on an annual basis.
4.16 Citations. Pasadena Humane agrees to enforce all City’s ordinances relating to animals, and to have, during the term of this Agreement, all of its animal control officers certified as provided in the Animal Control Officer 117 of 163
7 Standards Act (Health and Safety Code § 26220 et seq.). All qualified animal control officers may issue notices to appear in court as prescribed by state law for any violations of state or local animal control laws occurring within the City, including but not limited to violations of Title 6 of the Glendale Municipal Code. City agrees to furnish Pasadena Humane with a sufficient quantity of citation forms to perform this service. Pasadena Humane also agrees to serve "Notice to Pay Dog License" to every dog owner discovered by Pasadena Humane to be in violation of licensing ordinance.
4.17 Emergency Preparedness/Disaster Response. In the event of a declared emergency or major disaster, Pasadena Humane agrees to provide City aid and assistance to the extent that such aid and assistance is requested and is available. If necessary, Pasadena Humane agrees to suspend regular services in order to meet the obligations of this Section. In no event shall Pasadena Humane be obligated to provide aid and assistance where such provision would be disproportionately detrimental to the public health, safety or welfare of the communities it serves.
4.17.1Pasadena Humane agrees to participate in City's Emergency Preparedness/Disaster Response planning process.
4.18 Cooperation. Pasadena Humane shall cooperate with all City employees in providing the services set forth in this Agreement.
4.19 Community Relations. Pasadena Humane agrees to maintain an active public education, awareness, and outreach program regarding animal issues including, but not limited to, issues concerning licensing, the prevention of animal cruelty, spaying and neutering, reducing animal suffering, and educating children and adults in proper animal care and treatment.
4.20 Medical Testing. Pasadena Humane shall not knowingly sell or give away any animal for the purpose of medical research or testing, nor knowingly release any animal to an organization which Pasadena Humane is aware of, or becomes aware of having such a practice.
4.21 Impounds. Pasadena Humane hereby agrees that it shall not destroy or cause to be destroyed any animal in violation of local, state or federal law.
4.21.1Pasadena Humane agrees that it shall proceed with reasonable diligence to notify the owner of any animal which is wearing a license tag, identification tag, or has been implanted with a micro-chip suitable for scanning and identification, or the owner of any other valuable animal, of the fact that such a dog or other animal is in its possession. Pasadena Humane agrees that it shall not destroy or dispose of such dog or other animal until all reasonable efforts to locate the owner or person entitled to the possession thereof have 118 of 163
8 failed, and only in compliance with all applicable local, state, and federal laws, including but not limited to Food & Agricultural Code §§ 31108, 31752, and 31754.
4.21.2Pasadena Humane has the right to charge a reasonable fee, to be determined by Pasadena Humane and subject to review by the City, and in compliance with all applicable local, state, and federal laws, for pickup, impoundment, and housing of all animals for which Pasadena Humane is able to determine ownership. Such fees are to be billed directly to the owner of the animal(s) by Pasadena Humane upon owner redemption of such animal(s).
4.21.3Pasadena Humane may retain all animal impound fees collected for the impoundment of animals from within the City of Glendale.
4.22 Written Authorization. Pasadena Humane shall not make changes in the Scope of Work, perform any additional work, or provide any additional material, without first obtaining written authorization from City. If Pasadena Humane provides additional services or materials without written authorization, or if Pasadena Humane exceeds the Maximum Cost in Paragraph 7.3 of this Agreement, Pasadena Humane proceeds at Pasadena Humane’s own risk and without payment.
4.23 Professional Standard of Care. During this Agreement’s Term:
4.23.1Pasadena Humane and its Subconsultants, subcontractors, employees, and agents (collectively, “Pasadena Humane Parties”) shall perform all of the Services in this Agreement in an expeditious and professional manner, using professionals properly licensed and duly qualified to perform the Services.
4.23.2Pasadena Humane Parties shall perform the work described in this Agreement in accordance with generally accepted professional practices and principles, and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Pasadena Humane Parties’ profession currently practicing in California. By delivering the completed work, Pasadena Humane Parties represent and certify that their work conforms to:
the requirements of this Agreement; all applicable (federal, state, county, local, City) laws, rules, regulations, orders, and procedures; and the professional standard of care in California.
4.23.3Pasadena Humane Parties are responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation: site conditions; existing facilities; geographic, climatic conditions; applicable (federal, state, county, local, City) laws, rules, regulations, orders, and 119 of 163
9 procedures; and all other contingencies or design considerations.
Data, calculations, opinions, reports, investigations, or any other information or documents that City provides relating to site, local, or other conditions are not warranted or guaranteed, either expressly or implied, by City.
4.23.4When the Scope of Work requires or permits City’s review, approval, conditional approval, or disapproval, Pasadena Humane
acknowledges that City’s review, approval, conditional approval, or disapproval:
(1) Is solely for the purposes of administering this Agreement and determining whether Pasadena Humane is entitled to
payment for its Services;
(2) Is not to be construed as a waiver of any breach, or acceptance by City, of any responsibility— professional or otherwise— for the Services or Pasadena Humane’s work
product;
(3) Does not relieve Pasadena Humane of the responsibility of complying with the standard of performance or professional care; or laws, regulations, or industry standards; and
(4) Does not relieve Pasadena Humane from liability for damages arising out of Pasadena Humane’s: negligent acts, errors, or omissions; recklessness; willful misconduct; or
noncompliance with industry standards.
4.23.5Without additional compensation to Pasadena Humane and at no cost to City, Pasadena Humane shall correct or revise all errors, mistakes, or deficiencies in its work product, studies, reports, designs, drawings, specifications, or other services.
5. Personnel.
5.1 Project Management. Each Party shall appoint a Project Manager. The Project Managers shall meet as needed to coordinate, review, and ensure Pasadena Humane’s performance under this Agreement. Pasadena Humane shall designate an individual within its organization to be the designated point of contact for any and all operational issues involving City.
Pasadena Humane shall provide said individual's contact information, including name and telephone number upon the execution of this Agreement.
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10 5.2 Key Personnel. Pasadena Humane’s personnel shall work under the direction of the following key personnel: Dia DuVernet, President & CEO.
Pasadena Humane shall minimize changes to its key personnel. City may request key personnel changes, and City may review and approve key personnel changes proposed by Pasadena Humane. City will not unreasonably withhold approval of key personnel assignments and changes. The City shall designate an individual to be the point of contact for any and all operational issues involving Pasadena Humane. The City shall provide said individual’s contact information, including name and telephone number upon execution of this Agreement.
5.3 Use of Agents or Assistants. With City’s prior written approval, Pasadena Humane may employ, engage, or retain the services of persons or entities (“Subconsultants”) that Pasadena Humane may deem proper to aid or assist in the proper performance of Pasadena Humane’s duties. City is an intended beneficiary of all work that the Subconsultants perform for purposes of establishing a duty of care between the Subconsultants and City. Pasadena Humane is as responsible for the performance of its Subconsultants as it would be if it had rendered the Services itself. All costs of the tasks performed or the expenses incurred by the Subconsultants are chargeable directly to Pasadena Humane. Nothing in this Agreement constitutes or creates a contractual relationship between City and anyone other than Pasadena Humane.
5.4 Independent Contractor.
5.4.1Pasadena Humane understands and acknowledges that Pasadena Humane is an independent contractor, not an employee, partner, agent, or principal of City. This Agreement does not create a partnership, joint venture, association, or employer-employee relationship between the Parties. At its own expense, Pasadena Humane is responsible for providing compensation, employment benefits, disability, unemployment, and other insurance, workers’ compensation, training, permits and licenses, and office space for Pasadena Humane and for Pasadena Humane’s employees and Subconsultants. Pasadena Humane has, and shall retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons whom Pasadena Humane uses in performing the Services under this Agreement.
Pasadena Humane shall provide the Services in Pasadena
Humane’s own manner and method, except as this Agreement specifies. Pasadena Humane shall treat a provision in this Agreement that may appear either to give City the right to direct Pasadena Humane as to the details of doing the work, or to exercise a measure of control over the work, as giving Pasadena Humane direction only as to the work’s end result.
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11 5.4.2Pasadena Humane shall indemnify, defend (including Pasadena Humane’s providing and paying for legal counsel for City), and hold harmless City for any obligation, claim, suit, demand for tax or retirement contribution, including any contribution or payment to the Public Employees Retirement System (PERS), social security, salary or wages, overtime, penalty, or interest payment, or workers’ compensation payment that City may be required to make on behalf of Pasadena Humane, an employee of Pasadena Humane, or any employee of Pasadena Humane construed to be an employee of City, for the work done under this Agreement.
5.5 Non-Discrimination in Employment. Pasadena Humane shall not discriminate against any employee or person who is subject to this Agreement because of race, color, religion, religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, gender identity, gender expression, marital status, pregnancy, parenthood, medical condition, or physical or mental disability.
5.6 Disability Access Laws. Pasadena Humane represents and certifies that the work product, studies, reports, designs, drawings, and specifications that Pasadena Humane prepares under this Agreement fully conform to all applicable disability access and design laws, regulations, and standards— including, but not limited to, the Americans with Disabilities Act (42 U.S.C.
Sections 12101 et seq.) and Title 24 of the California Code of Regulations— when the Scope of Work requires or calls for compliance with those laws, regulations, or standards.
5.7 Prevailing Wage Laws. Services by persons deemed to be employees of Pasadena Humane possibly may be subject to prevailing wages under California Labor Code §§ 1770-1781. Pasadena Humane’s sole responsibility is to comply with those requirements, should they apply. If a dispute based upon the prevailing wage laws occurs regarding any Pasadena Humane employee, Pasadena Humane, at its expense, shall indemnify, defend (including Pasadena’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, wages, costs, or expenses pertaining to the Pasadena Humane's compliance with prevailing wage laws.
5.8 Workers’ Compensation. Pasadena Humane understands and acknowledges that all persons furnishing services to City under this Agreement are, for the purpose of workers’ compensation liability, employees solely of Pasadena Humane and not of City. In performing the Services or the work under this Agreement, Pasadena Humane is liable for providing workers’ compensation benefits to Pasadena Humane’s employees, or anyone whom Pasadena Humane directly or indirectly hires, employs, or uses. City is not responsible for any claims at law or in equity 122 of 163
12 caused by Pasadena Humane’s failure to comply with this Paragraph.
6. Facilities. Pasadena Humane shall provide all facilities necessary to fully perform and complete the Services. If Pasadena Humane needs to use a City facility, Pasadena Humane shall meet and confer with City before Pasadena begins the work that this Agreement requires, the Parties shall agree to any costs chargeable to Pasadena Humane, and in an amendment to this Agreement, the Parties shall describe the facility’s terms of use and its charges.
7. Consideration for Service. In consideration for satisfactory and timely performance of all services provided to City under this Agreement, City shall pay Pasadena Humane Seventy-Eight Thousand Six Hundred Forty-Five Dollars and Thirty-One Cents ($78,645.31) each month beginning July 1, 2022 for fiscal year 2022-23, with an annual adjustment based on the Consumer Price Index (CPI) (Los Angeles-Long Beach-Anaheim, CA) for fiscal years 2023-2024, 2024-2025, 2025-2026, and 2026-2027, as determined in June of the previous fiscal year, however, in no event shall the escalator exceed three (3) percent on an annual basis.
7.1 City shall pay Pasadena Humane in advance of each month and no later than within thirty (30) days of receipt of Pasadena Humane's invoice for that month.
7.2 A "year" for purposes of calculating the CPI shall be defined as a twelve- month period from June to May, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
7.3 Maximum Cost. Pasadena Humane expressly acknowledges that the total cost to complete all tasks set forth in this Agreement must not exceed Five Million Ten Thousand Four Hundred Sixty-Four dollars ($5,010,464) (“Maximum Cost”).
7.4 Pasadena Humane shall pay all applicable (federal, state, county, local, City) excise, sales, consumer use, possessory interest, or other similar taxes required by law that are levied based upon this Agreement or upon Pasadena Humane’s Services provided pursuant to this Agreement.
8. Pasadena Humane's Indemnity
8.1 To the maximum extent permitted by law— including, but not limited to, California Civil Code § 2778 – Pasadena Humane, its employees, agents, Subconsultants, and persons whom Pasadena Humane employs or hires (individually and collectively, “Indemnitor”) shall indemnify, defend, and hold harmless City, its officers, agents, employees, and representatives (individually and collectively, “City Indemnitee”) from and against a “liability” [as defined in Subparagraph (A) below], or an “expense” [as defined in Subparagraph (B) below], or both, that arise out of, pertain to, or 123 of 163
13 relate to an act, error, or omission of Indemnitor:
(A) “Liability” means claims, suits, actions, causes of action, proceedings, judgments, decrees, awards, settlements, liens, losses, damages, injuries, or liability of any kind, whether the liability is:
(1) Actual or alleged;
(2) In contract or in tort; or
(3) For bodily injury (including accidental death), personal injury, advertising injury, or property damage.
(B) “Expense” means fees, costs, sums, penalties, fines, charges, or expenses of any kind, including, but not limited to:
(1) Attorney’s fees;
(2) Costs of an investigation, litigation, arbitration, mediation, administrative or regulatory proceeding, or appeal;
(3) Fees of an accountant, expert witness, consultant, or other professional; or
(4) Pre or post judgment interest or settlement interest.
8.2 Under this Article, Indemnitor’s defense and indemnification obligations:
Do not apply to a liability, or an expense, or both, that arise out of, pertain to, or relate to the sole negligence or willful misconduct of a City Indemnitee.
8.3 To the extent that Indemnitor’s insurance policy provides an upfront defense to City, Indemnitor’s obligation to defend a City Indemnitee under this Article:
(A) Means that Indemnitor, via its insurance coverage, shall provide and pay for legal counsel, reasonably acceptable to City, for the City Indemnitee;
(B) Occurs when a claim, suit, complaint, pleading, or action against a City Indemnitee arises out of, pertains to, relates to, or asserts an act, error, or omission of Indemnitor; and
(C) Arises regardless of whether a claim, suit, complaint, pleading, or action specifically names or identifies Indemnitor.
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14 8.4 Paragraph 8.3 does not limit or extinguish Indemnitor’s obligation, to the extent it exists under this Agreement or any policy of insurance, to reimburse a City Indemnitee for the costs of defending the City Indemnitee against a liability, or an expense, or both. A City Indemnitee’s right to recover defense costs and attorneys' fees under this Article does not require, and is not contingent upon, the City Indemnitee’s first:
(A) Requesting that Indemnitor provide a defense to the City Indemnitee; or
(B) Obtaining Indemnitor’s consent to the City Indemnitee’s tender of defense.
8.5 If Pasadena Humane subcontracts all or any portion of the Services under this Agreement, Pasadena Humane shall provide City with a written agreement from each Subconsultant, who must indemnify, defend, and hold harmless City Indemnitee under the terms in this Article.
8.6 Indemnitor’s obligation to indemnify, defend, and hold harmless City will remain in effect and will be binding upon Indemnitor whether the liability, or the expense, or both, accrues— or is discovered— before or after this Agreement’s expiration, cancellation, or termination.
8.7 Except for Paragraph 8.3, this Article’s indemnification and defense provisions are separate and independent from the insurance provisions in Article 9. In addition, the indemnification and defense provisions in this Article:
(A) Are neither limited to nor capped at the coverage amounts specified under the insurance provisions in Article 9; and
(B) Do not limit, in any way, the applicability, scope, or obligations of the insurance provisions in Article 9.
8.8 Pasadena Humane's failure to comply with this Article's provisions shall constitute a material breach upon which City may terminate or suspend this Agreement with thirty (30) days notice and Pasadena Humane's opportunity to cure any failure to comply if curable.
9. Insurance. When Pasadena Humane signs and delivers this Agreement to City, and during this Agreement’s Term, Pasadena Humane shall furnish City with insurance forms that fully meet the requirements of – and contain provisions entirely consistent with— all of the “Insurance Requirements,” which are attached as “Exhibit B” (B-1 to B-5) to this Agreement and are incorporated into it by this reference.
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15 9.1 This Agreement’s insurance provisions:
(A) Are separate and independent from the indemnification and defense provisions in Article 8 of the Agreement; and
(B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 8 of the Agreement.
10. Reports. Pasadena Humane shall keep adequate up-to-date written or data entry records of the disposition of the following:
10.1 The number of animals impounded within the City of Glendale, detailing whether animals are domesticated or non-domesticated, and injured or healthy;
10.2 The number of licenses issued;
10.3 All animals adopted;
10.4 All animals reclaimed; and
10.5 All euthanizations.
11. Monthly Reports. Pasadena Humane shall provide monthly reports, due within ten (10) days after the last day of the preceding month, to the City's designated contact person. The reports shall provide the information set forth in Exhibit A under Section 1.2 D. Reporting.
12. Audited Financial Reports. Pasadena Humane shall provide to City copies of its audited financial reports covering the period of this Agreement. Should Pasadena Humane fail to submit an audited financial report, the preparer of the unaudited report shall satisfy the City's Auditor as to the reasonableness, accuracy and completeness of said unaudited report. These reports shall be provided within eight (8) months of the end of the Pasadena Humane's fiscal year during the term of this Agreement.
13. Maintenance and Inspection of Records. The City and any other Federal, State or local governmental agency, or any of their authorized auditors or representatives, shall have access to and the right to audit, excerpt, reproduce, and transcribe any of Pasadena Humane's records, to the extent the City deems necessary to insure it has received or is receiving all information to which it is entitled under the Agreement or other purposes relating to the Agreement.
13.1 Such records, include without limitation, journals, ledgers, records of accounts payable and receivable, profit and loss statement, financial statements, bank statements, invoices, receipts, subcontracts, agreements, notes correspondence, memoranda, and any other documents required by 126 of 163
16 the City or by the laws of regulations of any federal, state or local governmental agency.
13.2 Pasadena Humane shall maintain and preserve all such records for a period of at least four years after termination of the contract, or until an audit has been completed and accepted by the highest governmental authority involved and all questions and disputes arising from the audit have been resolved.
13.3 Upon written notice by the City, Pasadena Humane shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies. Pasadena Humane shall also cooperate with such auditors and representatives in auditing, excerpting, reproducing and transcribing the records.
13.4 Pasadena Humane shall maintain all such records in the City of Pasadena.
If not, Pasadena Humane shall promptly reimburse the City for all reasonable costs incurred in conducting the audit at a location other than the City of Pasadena, including but not limited to expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.
14. Data, Records, Proprietary Rights
14.1 Copies of Data. Pasadena Humane shall provide City with copies or originals of all data that Pasadena Humane generates, uses, collects, or stores in relation to all work associated with this Agreement. Data that Pasadena Humane generates, uses, collects, stores, or provides must be in a form acceptable to, and agreed upon by, City.
14.2 Ownership and Use.
14.2.1 Copies of all findings, reports, documents, information, and data (collectively “work product”) that Pasadena Humane or any of its subcontractors prepares, reproduces, or causes its preparation or reproduction in the course of performance of this Agreement shall be provided to the City. Pasadena Humane’s computer hard drives and files furnished or prepared by Pasadena Humane or any of its subcontractors in the course of performance of this Agreement pursuant to the Scope of Services, shall be and remain the sole property of Pasadena Humane.
14.2.2Pasadena Humane acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work.
Pasadena Humane makes no representation of the work product’s application to, or suitability for use in, circumstances not contemplated by the Scope of Work.
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17 14.3 Confidentiality. Pasadena Humane shall not use any information that it obtains from performing the Services for any purpose other than for fulfillment of Pasadena Humane’s Scope of Work. Without City’s prior written authorization, Pasadena Humane shall not disclose or publish— or authorize, permit, or allow others to disclose or publish— data, drawings, designs, specifications, reports, or other information relating to the Services or the work that City assigns to Pasadena Humane or to which Pasadena Humane has access.
15. Public Records Act. Pasadena Humane acknowledges that this Agreement is a public record. This Agreement, its Exhibits, and all documents produced under this Agreement are subject to the California Public Records Act (Government Code §§ 6250 et seq.), including its exemptions. Pasadena Humane acknowledges that City has no obligation to notify Pasadena Humane when a request for records is received.
15.1 Pasadena Humane shall identify in advance all records, or portions of them, that Pasadena Humane believes are exempt from production under the Public Records Act.
15.2If Pasadena Humane claims a privilege against public disclosure or otherwise objects to the records’ disclosure, then: (1) Pasadena Humane may, when notified by City of the request, seek protection from disclosure by timely applying for relief in a court of competent jurisdiction; or (2) City may either decline to produce the requested information, or redact portions of the documents and produce the redacted records.
15.3If Pasadena Humane fails to identify one or more protectable documents, in City’s sole discretion, and without its being in breach of this Agreement or its incurring liability to Pasadena Humane, City may produce the records— in whole, in part, or redacted— or may decline to produce them.
15.4Pasadena Humane shall indemnify, defend (including Pasadena Humane’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Pasadena Humane identifies as protectable, or asserts is protectable.
15.5Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Pasadena Humane informs City of such trade secret. City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be 128 of 163
18 required by law or by order of the Court.
16. Conflicts of Interest; Campaign Contributions.
16.1 Conflict of Interest. Pasadena Humane represents and certifies that:
(A) Pasadena Humane’s personnel are not currently officers, agents, employees, representatives, or elected officials of City; (B) Pasadena Humane will not employ or hire a City officer, agent, employee, representative, or elected official during this Agreement’s Term;
(C) City’s officers, agents, employees, representatives, and elected officials do not, and will not, have any direct or indirect financial interest in this Agreement; and
(D) During this Agreement’s Term, Pasadena Humane will inform City about any possible conflict of interest that may arise as a result of any change in circumstances.
16.2 Campaign Contributions.
16.2.1Pasadena Humane and its Subconsultants shall fully comply with Glendale Municipal Code § 1.10.060, which places limitations on Pasadena Humane’s and its Subconsultants’ ability to make campaign contributions to certain elected City officials or candidates for elected City office. Specifically, Section 1.10.060 prohibits:
(1) A consultant (including a subconsultant)― who has a contract with the City of Glendale, Glendale Successor Agency, or the Housing Authority of the City of Glendale and that contract is subject to approval by the City Council, Successor Agency, or Housing Authority― from making a contribution to a City Council member, City Clerk, or City Treasurer, when the contract has a total anticipated or actual value of $50,000 or more, or a combination or series of contracts having a value of $50,000 or more; and
(2) A City Council member, Successor Agency member, or
Housing Authority member from voting on a contract in which a consultant (or a subconsultant) has provided a campaign contribution.
16.2.2Pasadena Humane acknowledges that even if the Maximum Cost in Section 7.3 of this Agreement is less than $50,000, Pasadena Humane still may be subject to the campaign contribution limitations 129 of 163
19 in Municipal Code § 1.10.060, when:
(1) Pasadena Humane and City amend the Scope of Work in this Agreement which increases the Maximum Cost to equal or
exceed $50,000; or
(2) City, Glendale Successor Agency, or the Housing Authority awards Pasadena Humane another contract which has a total anticipated or actual value of $50,000 or more, or awards Pasadena Humane a combination or series of contracts which have a value of $50,000 or more.
16.2.3Pasadena Humane represents and certifies that:
(1) Pasadena Humane has read and fully understands the
provisions of Municipal Code § 1.10.060;
(2) Pasadena Humane will not: (a) make a prohibited campaign contribution to an individual holding City elective office; or (b) otherwise violate Municipal Code § 1.10.060; and
(3) Pasadena Humane shall timely complete, return, and update one or more disclosure or reporting forms that City provides.
17. Defaults and Termination of Agreement.
17.1 Notice of Default. If City deems that Pasadena Humane is in default for failure to supply an adequate working force, or service of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Agreement, City may give written notice to Pasadena Humane specifying the defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for any dissatisfaction and suggest corrective measures
.
17.2 Termination for Default. If after thirty (30) days Pasadena Humane has not remedied the defaults or commenced steps to remedy defaults to the satisfaction of the City, City's remedies shall include, but not be limited to the following:
17.2.1 City may provide for such service from another organization and may withhold any money due or which may become due to Pasadena Humane for such tasks related to the claimed default;
17.2.2 City may elect to terminate this Agreement at expiration of the thirty (30) days.
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20 17.2.3 City may exercise any legal remedy, or equitable remedy, or both including, but not limited to, filing an action in court: 1) seeking Pasadena Humane’s specific performance of all or any part of their Agreement or recovering damages for Pasadena Humane’s default, breach or violation of this Agreement.
17.3 Termination for Convenience by City. Notwithstanding Paragraphs 17.1 and 17.2 above, City reserves the right and may elect to terminate this Agreement at any time for its convenience, upon 90 days prior written notice. At such time, Pasadena Humane would be compensated only for that work which has been satisfactorily competed to the date of termination.
No compensation shall be paid for de-mobilization, take-down, disengagement wind-down or other costs incurred due to termination of this Agreement.
18. Paragraph Headings. Any heading of the several paragraphs of this Agreement is inserted for convenience and reference only and shall not be held or construed in any manner to affect the scope, or to limit or to qualify the meaning or intent of the provisions thereof.
19. Compliance with Laws. Pasadena Humane shall comply with all applicable local, state and federal laws at all times.
20. Waiver of Breach. The waiver of either Party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision.
21. Attorneys' Fees. If City or Pasadena Humane brings an action at law or in equity to enforce or interpret one or more provisions of this Agreement, the “prevailing party” is entitled to “reasonable attorneys' fees” in addition to any other relief to which the prevailing party may be entitled. A “prevailing party” has the same meaning as that term is defined in California Code of Civil Procedure § 1032(a)(4). “Reasonable attorneys' fees” of the City Attorney’s office means the fees regularly charged by private attorneys who:
(A) Practice in a law firm located in Los Angeles County; and (B) Have an equivalent number of years of professional experience in the subject matter area of the law for which the City Attorney’s services were rendered.
22. Further Assurances. Upon City’s request at any time, Pasadena Humane shall promptly: (A) Take further necessary action; and (B) Sign, acknowledge, and deliver all additional documents as may be reasonable, necessary, or appropriate to carry out this Agreement’s intent, purpose, and terms. 131 of 163
21 23. Governing Law. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California.
24. Time is of the Essence. Whenever a task is to be performed by Pasadena Humane herein, same shall be performed consistent with any time constraints set forth hereunder including exhibits, time being considered of the essence of this Agreement.
25. Notice. The Parties shall submit in writing all notices and correspondence that this Agreement requires or permits, and shall use the following delivery method:
(1) Personal delivery;
(2) U.S. mail, first class postage prepaid;
(3) “Certified” U.S. mail, postage prepaid, return receipt requested; (4) Facsimile; or
(5) Email.
All written notices or correspondence done in the manner described in above with the street address or place, facsimile number, or email address listed below will be presumed “given” to a Party on whichever date occurs earliest:
(1) The date of personal delivery;
(2) The third (3rd) business day following deposit in the U.S. mail, when sent by “first class” mail;
(3) The date on which the Party or its agent either signed the return receipt or refused to accept delivery, as noted on the return receipt or other U.S.
Postal Service form, when sent by “certified” mail; or
(4) The date of transmission, when sent by facsimile or email.
City and Pasadena Humane designate the following contact person, street address or place, telephone number, and facsimile number or email address for giving notice:
All notices shall be addressed as follows:
City of Glendale
Attn: Deputy Chief of Police
613 East Broadway, Room 200
Glendale, CA 91206-4382
Phone: (818) 548-3140
Fax: (818) 507-0967
Email: [email protected]
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22 Pasadena Humane
Attn: Dia DuVernet
President & CEO
361 S. Raymond Avenue
Pasadena, CA 91105
Phone: (626) 792-7151, ext. 278
Fax: (626) 792-3810
Email: [email protected]
26. Entire Agreement. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other Agreement, statement, or promise relating to the subject matter of this Agreement, which is not contained herein shall be valid or binding.
27. Interpretation. This Agreement is the product of negotiation and compromise by both Parties. Every provision in this Agreement must be interpreted as though the Parties equally participated in its drafting. Therefore, despite the provisions in California Civil Code § 1654, if this Agreement’s language is uncertain, the Agreement must not be construed against the Party causing the uncertainty to exist. In interpreting this Agreement and resolving any ambiguities, this Agreement will take precedence over any cover page or attachments. If a conflict occurs between a provision in this Agreement and a provision in an attachment, the following order of precedence applies, with the terms and conditions in the document higher on the list governing over those lower on the list:
(1) The Agreement.
(2) Exhibit B (Insurance Requirements).
(3) Exhibit A (Scope of Work).
28. Assignment. Nothing under this Agreement shall be construed to give any rights or benefits to any party other than City and Pasadena Humane. All duties and responsibilities under this Agreement shall be for the sole and exclusive benefit of City and Pasadena Humane, and not for the benefit of any other party. Pasadena Humane shall not assign any right or interest in this Agreement, and shall not delegate any duty owed, without City's prior written consent.
29. Successors and Assigns. Subject to the provisions in Paragraph 27, this Agreement is binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.
30. Force Majeure. Neither party shall be considered in default in the performance of its obligations hereunder or any of them, if such obligations were prevented or delayed by any cause, existing or future beyond the reasonable control of such party which include but are not limited to acts of God, pandemic, labor disputes or 133 of 163
23 civil unrest. Any delays beyond the control of either party shall automatically extend the time schedule as set forth in this Agreement by the period of any such delay.
31. Survival. This Paragraph and the obligations set forth in Articles and Paragraphs
5.4, 5.6, 5.7, 5.8, 7.4,8, (despite its survival, the obligation to defend and indemnify, if must arise from conduct which occurred during the Term of this Agreement) 9 , 13, 13.2, 14, 15, 17.2.3 (this provision will not survive beyond 4 years from any alleged date of breach), 20, 21, 22, 25, 27, 28, survive this Agreement’s expiration, cancellation, or termination.
32. Severability. The invalidity, in whole or in part, of any term of this Agreement will not affect this Agreement’s remaining terms.
33. Counterpart Execution. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of the execution, and said counter parts shall together constitute one and the same agreement.
34. Representations. By executing this Agreement, the City’s City Manager and Pasadena Humane's President & CEO warrant that they have the authority to do so.
35. Digital Signatures. A signed copy of this Agreement or any amendment thereto bearing a digital signature, shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such amendment thereto for all purposes, and each digital signature should be given the same legal force and effect as a handwritten signature.
36. Mediation. The Parties agree that no court proceeding may be commenced with respect to any dispute, claim or controversy arising out of or relating to this Agreement until the matter has been submitted to a mutually agreeable mediator.
Either Party may commence mediation by notifying providing to the other Party a written request for mediation, setting forth the subject of the dispute and the relief requested. The Parties will cooperate with one another in selecting a mediator from a panel of neutrals, and in scheduling the mediation proceedings. The Parties covenant that they will participate in the mediation in good faith and they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts and attorneys, and by the mediator and any of the mediator’s employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. The Parties agree that neither Party may commence any court proceeding with respect to the matters submitted to mediation until after the completion of the initial mediation session, or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. Mediation may commence after the filing of 134 of 163
24 any proceeding in court if the Parties so desire.
The parties hereto have caused this Agreement to be duly executed as of the day and year first written above.
Executed in Glendale, California.
CITY OF GLENDALE
By Date:
John Takhtalian
Deputy City Manager
By
Carl Povilaitis
Chief of Police
PASADENA HUMANE SOCIETY
By Date:
Dia DuVernet
President & CEO
APPROVED AS TO FORM
NAME: Carmen O. Merino
TITLE: General Counsel – Police
SIGNATURE: _____________________
DATE: __________________________
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1 EXHIBIT “A”
Scope of Services
1.0 Scope of Services
1.1. Background
Pasadena Humane shall provide all services necessary to perform the requirements specified in this Scope of Services (SOS).
1.2 Scope of Services
Pasadena Humane will provide all staffing, equipment, and supplies needed to provide animal care and control services and will adhere to applicable federal, State and local laws, statutes, and ordinances regarding the humane care and treatment of animals.
Animal care and control services will include: field services, sheltering services, medical services, reporting, and community programming and other services, including the following tasks:
A. Field Services
Activities involve trained field officers and dispatchers performing a variety of duties utilizing appropriate equipment. Services include:
●Receive calls for service 24 hours per day, seven (7) days per week through either Pasadena Humane dispatch or after-hours answering service and dispatch staff for field response as appropriate;
●Respond to Emergency Calls no later than 45 minutes from dispatch.
Emergency Calls shall be deemed to include:
oLoose dogs with prior history of causing injury to other animals or persons;
oSeemingly vicious or dangerous animals that pose a public safety threat; oIncidents in which a person has been injured by an animal at large, oCalls regarding sick or injured animals at large (both domestic and wild); oEmergency situations that cannot be handled by on-duty police officers requiring animal control assistance;
oRequests for law enforcement support in cases such as animals of deceased persons or legally detained individuals;
oPredatory wildlife which pose a danger to the public until such time as California Fish and Wildlife can respond and clear the call; 136 of 163
2 oRattlesnakes posing immediate risk;
oLoose livestock;
oPick up of dead animals at the request of a police officer or City official when such service cannot be reasonably delayed until the next normal business day due to exigent circumstances such as public endangerment, attractive nuisance, or a shock to the public; and oAny other clearly exigent circumstance.
●Respond to routine calls for service, such as dogs at large, abuse/neglect complaints, and dead animals, within two hours between 8:00 a.m. to 8:00 p.m. seven (7) days per week. Routine calls received during non-business hours shall be handled by Pasadena Humane during the next business day. ●Assist and support the City’s law enforcement operations when there may be animal related concerns. This includes but is not limited to providing animal control support during the execution of arrest and search warrants both inside and outside the City limits. The humane officer shall participate in the pre-warrant briefing in circumstances in which the City anticipates animal related concerns in advance. Pasadena Humane shall authorize at least one Level 1 Humane Officer, as defined in California Corporation Code 14502 for this purpose.
●Attempt to return lost owned dogs with discernible form of owner identification to owner, or if owner cannot be located, impound. ●Healthy community cats, defined as cats who are free-roaming, or feral, or outdoor barn or working cats who have no discernible form of ownership identification may be accepted for the purpose of spay/neuter, and if deemed appropriate by Pasadena Humane returned to their neighborhood/home territory, commonly referred to as TNRM (trap-neuter- return-monitor.
●Remove dead land animals (limited to a maximum of 150 pounds) from public and private property and dispose of these animals (a reasonable fee may be charged for removal of dead animals from private property); ●Dispatch an officer to assist with an owned pet surrender when there are exigent circumstances and/or after determining there are no reasonable means for a pet owner to bring their animal to shelter (a reasonable fee may be charged to the pet owner).
●Share information with the public to assist community members with resources and tools to improve or maintain the health and welfare of animals in the community.
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3 ●Enforce all animal related local ordinances, County codes and State laws.
Issue administrative or criminal citations as appropriate. City agrees to furnish Pasadena Humane with a sufficient quantity of citation forms to perform this service.
●Investigate cases for possible criminal prosecution, including misdemeanor and felony crimes. Collect evidence, prepare reports, and testify in court and other hearings if necessary;
●Investigate animal nuisance complaints such as excessive barking and other violations. Provide investigative reports to the appropriate City entity for review and appropriate action.
●Investigate reports of animal bites and notify the Los Angeles County Department of Rabies Control program so that their inspectors may quarantine the animal and, if desired, direct Pasadena Humane to house the animal during the quarantine period. Animals will be quarantined for rabies observation for ten days from the time of the bite in an individual kennel where the animal will not have direct contact with other animals during its quarantine period. If the animal should die during the quarantine period, Pasadena Humane shall immediately contact the presiding Public Health / Department of Health Services, as well as the animal’s owner, if known.
●To the extent that aid is requested, available and necessary, respond to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones. Pasadena Humane will not be obligated to provide aid and assistance where such provision would be disproportionately detrimental to the health, safety or welfare of its employees or the communities it serves.
●In the case of an emergency call by the City’s Police Department to impound a legally detained individual’s property, Pasadena Humane may assess a reasonable impoundment fee to the owner of the animal, to be collected at the time of pick-up. If any governmental entity, including the City, requests Pasadena Humane society to impound a particular animal or animals to be held as evidence in a jurisdictional proceeding or for any other purpose, Pasadena Humane may assess a reasonable impound fee to such governmental entity for any impound period for those species of animals not kept, stored, fed, maintained, or housed in the ordinary course or scope of business as an animal shelter (i.e. animals other than dogs, cats, rabbits, or other small pets).
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4 ●Provide “Directed Patrol Services” as requested by the City, defined as patrol services intended for a specific area or problem for a limited duration for the purpose of addressing enforcement issues relating to animals. ●When healthy kittens are found or reported, Pasadena Humane may ask the finding party to monitor the litter and/or ask the finder to foster and/or impound kittens. Any sick, injured or unhealthy kittens will be impounded by Pasadena Humane.
Please note, Pasadena Humane does not respond to calls regarding healthy non- predatory wildlife.
B. Shelter Services
Represents services provided by Pasadena Humane to meet the needs of animals collected in the field within the boundaries of the City and animals relinquished or turned in at the Pasadena Humane facility that have originated within the boundaries of the City.
Services are dedicated to providing: a comfortable and safe environment for all animals admitted regardless of how they came in, when they came in, or their age, health status and behavior, as well as providing accessibility to the public to obtain services and/or reclaim pets. Services include:
●Provide food, water, and shelter for impounded animals daily, seven days per week.
●Provide species-appropriate sheltering and enrichment to ensure sheltered pets are able to rest comfortably and are free to express normal behavior. ●Provide behavior assessment and attempt to remediate problem behaviors. ●Attempt to reunite lost pets with their owners.
●Make best efforts to place every healthy and safe animal. ●Animals found within the City may be turned in by appointment during regular business hours at the Pasadena Humane facility. ●After all other resources or alternatives have been exhausted and when impound is deemed the best agreed upon outcome for community members seeking assistance with their pet, owned animals may be surrendered at the shelter, by appointment based on capacity. Pasadena Humane will make every effort to collect a reasonable fee from owners surrendering their pets.
●Where appropriate, healthy cats may be accepted for the purpose of spay/neuter, and if deemed appropriate by Pasadena Humane safely and appropriately returned to their neighborhood/home territory, commonly referred to as TNRM (trap-neuter-return-monitor).
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5 ●Quarantine and observe animals for rabies and other diseases at the direction of the Department of Public Health.
●Provide emergency response to pets displaced by wildfires or other disasters.
●Hold animals that are the subject of criminal investigations or other legal or administrative proceedings.
●Provide euthanasia services to impounded animals as deemed appropriate. ●Accept and properly dispose of deceased animals.
●Maintain a website with pictures of impounded and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes.
●Return any animal to the animal’s owner or return cats to their neighborhood/home territory with or without impoundment if it is deemed by Pasadena Humane to be the best outcome for the animal.
●Maintain regular hours of operation for the public seeking an appointment to find a lost pet, impound a found pet, or surrender an owned pet. ●Microchip all dogs, cats and rabbits prior to reunification or placement, unless exigent circumstances such as animal illness delay or prevent service.
●Match adopters with an appropriate companion.
●Maintain a reduced-fee adoption of senior pets for senior citizens. ●When healthy kittens are brought to the shelter, Pasadena Humane may ask the finding party to monitor the litter and/or ask the finder to foster and/or impound kittens. Any sick, injured or unhealthy kittens will be impounded by Pasadena Humane.
C. Medical Services
Represents services dedicated to providing medical services to animals in the shelter.
Services include:
●Provide access to licensed veterinary medical care, 24 hours per day, 7 days per week for impounded and sheltered animals.
●Provide limited health screening examinations and, if deemed necessary by a shelter veterinarian, treatment to all animals entering the shelter. 140 of 163
6 ●Provide core vaccinations to cats and dogs and provide medical care to sheltered animals to ensure freedom from pain, injury or disease, and in accordance with standards of care set by the Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters. ●Perform spay and neuter services for all dogs, cats and rabbits, unless a veterinarian certifies that the animal is too sick or injured, or that it would otherwise be detrimental to the health of the animal, to be spayed or neutered.
●Monitor the health and well-being of animals.
D. Reporting
To ensure transparency Pasadena Humane will file annual reports to the State as required by law. Pasadena Humane will also provide the City with its audited financial reports covering the terms of this Agreement. The preparer of Pasadena Humane’s audited financial reports shall satisfy the City as to the reasonableness, accuracy, and completeness of the audited financial reports.
Pasadena Humane will provide the City with a monthly report that includes a summary of operations and activities, including the following:
●Numbers of stray and deceased animals picked up in City. ●Animal control activities by type.
●Number of animal control service calls responded to within the City, including type of service.
●Impound reports by species, wild and domestic.
●Animal intake total broken down by species for stray, seized, surrendered by owner, or otherwise, as well as duration of stay.
●Animal final disposition/outcome broken down by species with an animal description, including returned to owner, adopted, transferred to another agency, returned to field, died or lost in shelter, and euthanized. oEuthanization data will include reason for euthanization. ●Kennel inventory.
●Summary of licensing outreach activities.
●Number of low-cost spay and neutering services provided, including species, provided to City residents.
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7 ●Fee reports itemizing all license, impound, and other fees and penalties collected by Pasadena Humane.
●The number of kennel permit inspections conducted.
●The number of pet store inspections conducted.
Pasadena Humane will also provide an annual operations report summarizing services performed and operations conducted by Pasadena Humane during the prior year, stratified as to the geographic source of performance factor (i.e., the Cities of Glendale, Arcadia, Bradbury, La Cañada Flintridge, Monrovia, Pasadena, San Marino, Sierra Madre, and South Pasadena).
Incident Reporting
Incident reports, such as allegations of animal bites or “nuisance animal” are provided to the Health Department, City Attorney’s Office, and/or Code Compliance Office (depending on jurisdiction) for consideration of scheduling a hearing.
E. Community Programming & Other Services
Pasadena Humane is a safety net for the community’s animals in need. As such, at no cost to the City, Pasadena Humane shall provide community education and diversion programs to promote: a) companion animals residing in loving families, and b) peaceful co-existence with wildlife. Services will include:
●Provide low-cost public spay/neuter, vaccination clinics, and microchipping services;
●Based on availability of resources, provide emergency services to pet owners in distress, such as a pet-food pantry and temporary boarding; ●Offer public education in animal behavior and animal training classes; ●Operate humane education programs and visits for youth; ●Offer wildlife education through a variety of platforms; ●As one of only two shelters in Southern California licensed to provide wildlife rehabilitation, offer rehabilitation services to injured and orphaned wildlife when there is a high probability that the animal can successfully be returned for survival in the wild after rehabilitation;
●Issue City animal licenses for rabies vaccinated pets and kennel permits in compliance with the terms contained in the Professional Services Agreement for Animal Shelter and Animal Control Services. 142 of 163
8 Pasadena Humane may charge the public fees, or waive fees with the exception of licensing fees, for these services at its sole discretion.
City agrees to promote licensing, vaccination, spay/neuter, and microchipping of pets through City channels and forums, including and not limited to social media, website and printed materials at relevant City offices. 143 of 163
1 EXHIBIT B-1
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES AGREEMENT
“WORKERS’ COMPENSATION” INSURANCE
1.1At its own expense, PASADENA HUMANE shall obtain, pay for, and maintain— and shall require each of its Subconsultants to obtain and maintain— for the duration of this Agreement:
(A) Complete Workers’ Compensation insurance, meeting or exceeding the coverages and amounts that California law requires; and
(B) Employer’s Liability insurance in an amount not less than:
(1) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (2) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and
(3) ONE MILLION DOLLARS ($1,000,000) policy limit.
1.2PASADENA HUMANE shall provide CITY with a “certificate of insurance” and a subrogation endorsement, “Waiver of Our Right to Recover From Others”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, this Agreement’s workers’ compensation insurance requirements.
1.3CITY shall not be liable to PASADENA HUMANE’s personnel, or anyone PASADENA HUMANE directly or indirectly employs or uses, for a claim at law or in equity arising out of PASADENA HUMANE’s failure to comply with this Agreement’s workers’ compensation insurance requirements. 144 of 163
2 EXHIBIT B-2
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES AGREEMENT
“COMMERCIAL GENERAL LIABILITY” OR “BUSINESSOWNERS LIABILITY” INSURANCE
1.1At its own expense, PASADENA HUMANE shall obtain, pay for, and maintain— and shall require each of its Subconsultants to obtain and maintain— a “Commercial General Liability” or a “Businessowners Liability” insurance policy on an occurrence basis to fully protect PASADENA HUMANE and CITY from claims and suits for bodily injury, personal and advertising injury, property damage, and medical payments. The policy must add the City of Glendale and its officers, agents, employees, and representatives (collectively, “CITY AND ITS REPRESENTATIVES”) as additional insureds.
1.2Coverage afforded to CITY AND ITS REPRESENTATIVES must be at least as broad as that afforded to PASADENA HUMANE. If PASADENA HUMANE has higher limits than the limits specified in these insurance requirements, or has additional broader coverage, or has both, the insurer shall make available the higher limits and broader coverage to CITY AND ITS REPRESENTATIVES. The insurance must be written for the limits of liability specified below:
(A) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for bodily injury (including accidental death) to any one person;
(B) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for personal and advertising injury to any one person;
(C) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for property damage; and (D) TWO MILLION DOLLARS ($2,000,000) general aggregate limit, or the full aggregate limits of the policy― whichever limit is greater.
1.3The liability insurance must include all major divisions of coverage and must cover:
(A) Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable);
(B) Independent Contractors’ Protective Liability;
(C) Products and Completed Operations (maintain same limits as above until five (5) years after: recordation of the Notice of Completion or final close-out of the Agreement); (D) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); (E) Contractual Liability; and
(F) Broad Form Property Damage.
1.4PASADENA HUMANE shall provide CITY with a “certificate of insurance” and an “additional insured endorsement”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, all of the Insurance Requirements. 145 of 163
3 1.5The “certificate of insurance” and an “additional insured endorsement” must state:
“The City of Glendale, and its officers, agents, employees, and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City.
The City’s insurance, or self-insurance, or both, will apply in excess of— and will not contribute with— this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
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4 EXHIBIT B-3
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES AGREEMENT
“BUSINESS AUTOMOBILE” LIABILITY INSURANCE
1.1At its own expense, PASADENA HUMANE shall obtain, pay for, and maintain— and shall require each of its Subconsultants to obtain and maintain— a “Business Automobile” insurance policy on an occurrence basis to fully protect PASADENA HUMANE and CITY from claims and suits for bodily injury, property damage, and medical payments. The policy must add the City of Glendale and its officers, agents, employees, and representatives as additional insureds.
1.2The insurance must not be written for less than the limits of liability specified below or required by law, whichever coverage amount is greater:
(A) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and
(B) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or
(C) ONE MILLION DOLLARS ($1,000,000) combined single limit (“CSL”).
1.3The liability insurance must include all major divisions of coverage and must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned.
1.4PASADENA HUMANE shall provide CITY with a “certificate of insurance” and an “additional insured endorsement”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, all of the Insurance Requirements.
1.5The “certificate of insurance” and an “additional insured endorsement” must state:
“The City of Glendale, and its officers, agents, employees, and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City.
The City’s insurance, or self-insurance, or both, will apply in excess of— and will not contribute with— this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
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5 EXHIBIT B-4
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES AGREEMENT
GENERAL REQUIREMENTS
1.1At all times, the insurance company issuing the policy must meet all three of these requirements:
(A) It must be “admitted” insurer by the State of California Department of Insurance or must be listed on the California Department of Insurance’s “List of Approved Surplus Line Insurers” (“LASLI”);
(B) It must be domiciled within, and organized under the laws of, a State of the United States; and
(C) It must carry a minimum A.M. Best Company Financial Strength Rating of “A:VII,” or better.
1.2If the Agreement requires any of the foregoing insurance coverages to remain in force after the Final Payment, and if they are reasonably available, PASADENA HUMANE shall submit to CITY— with the final Application for Payment— all certificates and additional insured endorsements evidencing the coverages’ continuation.
1.3A deductible or self-insured retention is subject to CITY’s review and approval, in its sole discretion. The insurance company or its authorized representative must state either on the insurance certificate or in a separate correspondence:
(A) The amount of the deductible, or self-insured retention, or both; (B) Whether a limit of insurance has been lowered by any pending or paid claim; and (C) The current limit amount, as lowered by the pending or paid claim.
1.4Despite any conflicting or contrary provision in PASADENA HUMANE’s insurance policy:
(A) If PASADENA HUMANE’s insurance company adds CITY, and its officers, agents, employees, and representatives (collectively, “its representatives”) as additional insureds, then for all acts, errors, or omissions of CITY, or its representatives, or both, that insurer shall:
(1) Pay those sums that CITY, or its representatives, or both, become legally obligated to pay as damages; and
(2) Defend— and pay the costs of defending— CITY, or its representatives, or both; (B) PASADENA HUMANE’s insurance is primary;
(C) Other insurance (whether primary, excess, contingent or self-insurance, or any other basis) available to CITY, or its representatives, or both, is excess over PASADENA HUMANE’s insurance;
(D) CITY’s insurance, or self-insurance, or both, will not contribute with PASADENA HUMANE’s insurance policy;
(E) PASADENA HUMANE and PASADENA HUMANE’s insurance company waive— and shall not exercise— any right of recovery or subrogation that PASADENA HUMANE or the insurer may have against CITY, or its representatives, or both; (F) PASADENA HUMANE’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, 148 of 163
6 except that the naming of multiple insureds will not increase an insurance company’s limits of liability;
(G) PASADENA HUMANE’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage; and
(H) CITY is not liable for a premium payment or another expense under PASADENA HUMANE’s policy.
1.5At any time during the duration of this Agreement, CITY may do any one or more of the following:
(A) Review this Agreement’s insurance coverage requirements; or (B) Require that PASADENA HUMANE:
(1) Obtain, pay for, and maintain more or less insurance depending on CITY’s assessment of any one or more of the following factors:
(a) CITY’s risk of liability or exposure arising out of, or in any way connected with, the services of PASADENA HUMANE under this Agreement; (b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of PASADENA HUMANE under this Agreement; or
(c) The availability, or affordability, or both, of increased liability insurance coverage;
(2) Reduce or eliminate a deductible or self-insured retention as it applies to CITY; or (3) Obtain, pay for, and maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to CITY for liability, or costs, or both, that CITY incurs during CITY’s investigation, administration, or defense of a claim or a suit arising out of this Agreement.
1.6PASADENA HUMANE shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that CITY specifies for any coverage that PASADENA HUMANE must maintain after the Final Payment.
1.7PASADENA HUMANE’s insurance company or self-insurance administrator shall mail CITY written notice at least thirty (30) days in advance of the policy’s or the self-insurance program’s cancellation, termination, non-renewal, or reduction in coverage.
1.8PASADENA HUMANE shall not allow any insurance to expire, cancel, terminate, lapse, or non- renew. Twenty-one (21) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, PASADENA HUMANE shall deliver to CITY evidence of the required coverage as proof that PASADENA HUMANE’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements.
1.9At any time, upon CITY’s request, PASADENA HUMANE shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising PASADENA HUMANE’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager.
1.10If PASADENA HUMANE hires, employs, or uses a Subconsultant to perform work, services, operations, or activities on PASADENA HUMANE’s behalf, PASADENA HUMANE shall ensure that the Subconsultant:
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7 (A) Meets, and fully complies with, this Agreement’s insurance requirements; (B) Delivers to CITY— for its review, or approval, or both— all insurance policies, certificates, and endorsements that this Agreement requires; and
(C) Furnishes CITY, at any time upon its request, with a complete copy of the Subconsultant’s insurance policy or policies for CITY’s review, or approval, or both.
1.11PASADENA HUMANE’s failure to comply with an insurance provision in this Agreement constitutes a breach upon which CITY may immediately terminate or suspend PASADENA HUMANE’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion, CITY may obtain or renew the insurance, and CITY may pay all or part of the premiums. Upon demand, PASADENA HUMANE shall repay CITY for all sums or monies that CITY paid to obtain, renew, or reinstate the insurance, or CITY may offset the cost of the premium against any sums or monies that CITY may owe PASADENA HUMANE.
EXHIBIT B-5
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES AGREEMENT
PASADENA HUMANE’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
1.1PASADENA HUMANE shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents, unless an exception below applies. When PASADENA HUMANE signs and delivers the Agreement to CITY, PASADENA HUMANE also shall deliver:
(A) A “certificate of insurance” for each required liability insurance coverage; (B) An additional insured endorsement for Commercial General Liability coverage or Businessowners Liability coverage and Automobile Liability coverage, unless this Agreement does not require PASADENA HUMANE to obtain and maintain Commercial General Liability coverage, Businessowners Liability coverage, or Automobile Liability coverage;
(C) A “certificate of insurance” for Workers’ Compensation insurance; or If PASADENA HUMANE is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California; or If PASADENA HUMANE is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form;
(D) A subrogation endorsement, “Waiver of Our Right to Recover From Others,” for Workers’ Compensation coverage; and
(E) A complete copy of PASADENA HUMANE’s Professional Liability insurance policy, including all forms and endorsements attached to it.
1.2CITY will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved the insurance documents. CITY’s decision as to the acceptability of all insurance documents is final. Unless PASADENA HUMANE obtains CITY’s written approval, CITY will not permit or allow a substitution of an insurance policy, or a change in a certificate’s or an endorsement’s form and content, or both.
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8 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION
2.1This Agreement’s insurance provisions:
(A) Are separate and independent from the indemnification and defense provisions in Article 8 of the Agreement; and
(B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 8 of the Agreement.
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: One-year contract extension for Parking Citation, Delinquent Collections and Preferential Parking Permit Program Services.
1. Resolution dispensing with competitive bidding and authorizing the City Manager or his designee to execute an amendment to contract (#C105754A) with Professional Account Management LLC, an operating entity of Duncan Solutions (Duncan Solutions) for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services extending the duration for one year and increasing the amount by $187,500.
COUNCIL ACTION
Item Type: Action Item
Approved for June 7, 2022 calendar
EXECUTIVE SUMMARY
Staff seeks City Council’s authorization of a one-year extension to the contract between the City of Glendale and Duncan Solutions for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services. This will allow current operations to continue uninterrupted and Duncan Solutions has agreed to honor their original contract pricing, which is a result in a cost savings compared to current market rates.
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COUNCIL PRIORITIES
Mobility/Connectivity/Safety: Parking citation processing, delinquent collections and the preferential parking permit program services encourage parking compliance, reduce traffic congestion, and assist in overall parking management.
RECOMMENDATION
Approve a resolution dispensing with competitive bidding and authorizing the City Manager or his designee to execute a one-year contract extension with Duncan Solutions for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services increasing the amount by $187,500.
BACKGROUND
The Police Department and SP Plus Inc, the City’s parking enforcement contractor issues approximately 80,000 parking citations annually. These records are uploaded to a system hosted by Duncan Solutions, which obtains the registered vehicle owner information, sends a notice to the violator for payment, receives payment, and pursues delinquent collections on any outstanding debt.
The City established the preferential parking program in 1980 to assist residents in alleviating parking congestion in residential neighborhoods caused by non-residential vehicles. Permits issued under this program allow residents to park in excess of the posted time restriction, preventing long term non-resident parking on these residential streets, while providing convenient on-street parking for residents. Duncan Solutions hosts the parking permit web-based system that allow users to purchase and obtain their parking permits. Approximately 3,500 residential parking permits are issued each year.
ANALYSIS
On June 17, 2014, following a request for proposal process, the City Council awarded Professional Account Management LLC, an operating entity of Duncan Solutions, a contract to provide Parking Citation Processing, Delinquent Collections, and Preferential Parking Permit Program Services in an amount not to exceed $1,312,500 for a five-year period, plus one additional two-year renewal option.
On February 16, 2021 City Council approved a contract amendment with Duncan Solutions for Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services to extend one additional year. Duncan Solutions agreed to honor their current pricing for this contract up to an additional two years (Exhibit A), but only a one- year extension was requested at that time. At the time, staff recommended postponing the issuance of a request for proposals for one year due to the impact of the Covid-19 pandemic on parking operations.
On February 15, 2022, Public Works Department received notification that both Professional Account Management LLC and Duncan Solutions are wholly owned subsidiaries of Asset Performance Group, a Delaware Limited Liability Company.
For the additional one-year contract extension recommended in this report, Duncan 156 of 163
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Solutions has agreed to continue this same pricing from 2014 for one last year. Due to inflationary factors and increasing wages, staff expects a request for proposal process will garner higher rates than the eight-year old rates the City is currently paying for these services. Extending this contract one last year allows the City delay this projected rate increase.
Staff has evaluated the contract costs of similar citation processing, delinquent collections and preferential parking permit services contract costs. Rates garnered by another local municipality for similar services that conducted a competitive process in 2022 were two to three times over the rates currently being charged to the City of Glendale. .
This additional year will also afford staff the time to gather additional post-pandemic parking enforcement further develop a new request for proposals to select and recommend the best vendor for the City Council’s consideration for a long-term contract for these services.
Overall, it is in the City’s best interest to continue these services with Duncan Solutions for an additional one-year period as inflation and current market rates are significantly higher than existing contract pricing. This one-year extension will result in an estimated savings of $200,000-$300,000 compared with current market rates. Over the past eight years, the City's experience with Duncan Solutions has been good, and the company has made a number of improvements in collection efforts, parking permit issuance, customer service and overall program effectiveness over the life of this contract.
STAKEHOLDERS/OUTREACH
There is no stakeholder/outreach associated with this report.
FISCAL IMPACT
The one-year contract extension for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services will cost $187,500, which is requested as a part of the proposed FY 2022-23 budget, as outline below. No new appropriation is being requested at this time.
Proposed Budget Appropriation
Amount Account String Funding Source
$187,500 43110-2210-PWD-7521 Parking Fund
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is considered a ministerial activity and therefore, not subject to CEQA review.
CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report are attached in Exhibit B, in accordance with the City Campaign Finance Ordinance No. 5744. 157 of 163
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ALTERNATIVES
Alternative 1: Approve the resolution dispensing with competitive bidding and authorizing the City Manager to execute an amendment to contract (#C105754A) with Duncan Solutions for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services extending the duration for one year and increasing the amount by $187,500.
Alternative 2: Do not approve the resolution extending the contract for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services. Doing so will stop all parking citation processing, delinquent collections and preferential permit processing efforts.
Alternative 3: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Prepared by:
Tad Dombroski, Parking Manager
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit A- Pricing Extension Letter
Exhibit B- Campaign Disclosure Form
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RESOLUTION NO. _______
A RESOLUTION OF THE COUNCIL OF THE CITY OF
GLENDALE DISPENSING WITH COMPETITIVE BIDIDNG
AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AN AMENDMENT TO
CONTRACT #C105754A WITH DUNCAN SOLUTIONS FOR
PARKING CITATION PROCESSING, DELINQUENT
COLLECTIONS AND PREFERENTIAL PARKING PERMIT
PROGRAM SERVICES.
WHEREAS, On June 17, 2014, following a request for proposals process, the City Council awarded Professional Account Management, LLC, an operating entity of Duncan Solutions, a contract to provide Parking Citation Processing, Delinquent Collections, and Preferential Parking Permit Program Services in an amount not to exceed $1,312,500 for a five-year period, with one additional two-year renewal option and rejecting all other proposals; and
WHEREAS, On February 16, 2021, the City Council approved a Resolution to dispense with competitive bidding and authorizing the Interim City Manager or his designee to execute a one-year contract amendment, with Duncan Solutions for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services; and
WHEREAS, Professional Account Management LLC and Duncan Solutions are now wholly owned subsidiaries of Asset Performance Group a Delaware Limited Liability Company; and
WHEREAS, the existing contract with Duncan Solutions shall expire on June 30, 2022; and
WHEREAS, Duncan Solution agrees to honor their current pricing for an additional contract year ending June 30, 2023; and
WHEREAS, Current inflationary costs and market costs are greater than current contract pricing provided by Duncan Solutions and staff determined it is in the City’s financial interests to continue these terms for an additional year as proposed by the vendor; and
WHEREAS, Glendale Charter Art. VI Section 9 provides an exception to competitive bidding where City Council determines that it is in the best interest of the City to dispense with competitive bidding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE:
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1. The foregoing facts are deemed to be true and correct, and are a basis for dispensing with competitive bidding and authorizing the execution of an amendment to a contract #C105754A with Duncan Solutions, and that the City Council finds that it is the City's best interest for a contract extension.
2. The City Council hereby dispenses with competitive bidding and authorizes the City Manager or his designee to execute an amendment to the contract #C105754A with Duncan Solutions for Parking Citation Processing, Delinquent Collections and Preferential Parking Permit Program Services extending the duration for one year and increasing the amount by $187,500. The agreement shall be in form approved by the City Attorney.
Adopted by the Council of the City of Glendale on this _____ day of _____ , 2022. ____________________________________
Mayor
ATTEST:
_____________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF GLENDALE )
I, Aram Adjemian, City Clerk of the City of Glendale, certify the forgoing Resolution No. ________ was Adopted by the Council of the City of Glendale, California, at a regular meeting held on the ______ day of _______________, 2022, the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________________
City Clerk
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Exhibit A
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Exhibit B
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