A G E N D A
SPECIAL MEETING: GLENDALE CITY COUNCIL
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FEBRUARY 14, 2023
ROLL CALL
-
3:00 PM
-
Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, February 14, 2023 Special Public Meeting of the City Council was posted on February 8, 2023 on the Bulletin Board Outside City Hall.
1 TYPED 2/8/2023 7:25:53 PM
02 14 23
SP CC
A
SPECIAL PUBLIC MEETING
of the City Council is hereby called to meet at
3:00
PM
on
Tuesday, February 14, 2023
, in the Council Chamber, 613 E. Broadway, 2nd Floor
,
Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. Community Development, re: Dispense with Public Bidding for Maintenance and Repairs of the Historic Neon Marquee at the Alex Theatre a.
Resolution dispensing with the competitive bidding procedures required by Glendale Charter, Article VI, Section 9 and authorizing the Purchasing Administrator to solicit bids and execute a contract for specialized maintenance and repairs of the historic neon marquee at the Alex Theatre
2. City Attorney, re: Termination of Local COVID-19 Emergency a. Resolution Terminating Local State of Emergency Pertaining to COVID-19, effective February 28, 2023
ADJOURNMENT
2 TYPED 2/8/2023 7:25:53 PM
02 14 23
SP CC
1 CITY OF GLENDALE, CALIFORNIA
REPORT TO THE SPECIAL CITY COUNCIL
AGENDA ITEM
Report: Dispense with Public Bidding for Maintenance and Repairs of the Historic Neon Marquee at the Alex Theatre
1. Resolution dispensing with the competitive bidding procedures required by Glendale Charter, Article VI, Section 9 and authorizing the Purchasing Administrator to solicit bids and execute a contract for specialized maintenance and repairs of the historic neon marquee at the Alex Theatre.
COUNCIL ACTION
Item Type: Action Item
Approved for February 14, 2023 calendar
EXECUTIVE SUMMARY
A resolution dispensing with competitive bidding is requested because of the specialized nature of the maintenance, repair and restoration work required for the historic Alex Theatre’s marquee structure and prompt need for the repair. The City of Glendale and its operator for the Alex Theatre, SAS Entertainment, entered into a 10- year contract in June 2022. The maintenance of the building’s infrastructure and systems is within the City’s scope of responsibilities, including the maintenance of the historic neon marquee. This contract would facilitate the proper, ongoing maintenance and repairs needed to ensure the vibrancy of the iconic landmark. 3 of 15
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0 COUNCIL PRIORITIES
This report is outside of the four stated Council Priorities.
RECOMMENDATION
That the City Council approve the attached resolution to dispense with the bidding procedures and authorize the Purchasing Administrator to solicit bids and execute a contract for the maintenance and repairs of the historic neon marquee at the Alex Theatre pursuant to a 5-year, not-to-exceed $350,000 contract amount.
BACKGROUND
In June 2022, the City of Glendale and SAS Entertainment entered into a 10-year management agreement for the operation of the Alex Theatre. The City’s responsibilities include the building infrastructure including all large capital improvements, and the maintenance of the building structure and systems, including plumbing, HVAC, lighting, etc. As the historic marquee is among the most visible and iconic parts of the Theatre, proper and ongoing maintenance is a decisive responsibility of the City of Glendale. It is recommended that a 5 year not-to-exceed $350,000 contract be authorized. This will be budgeted for annually through the budgeting process. Since the new management agreement in June 2022, this project has been managed through smaller purchase orders and contracts for essential work, though a larger maintenance contract is required to ensure proper and ongoing maintenance.
When SAS received their contract, they presented a 10-year plan of improvements to modernize the Theatre. For the first year, Council appropriated funds to convert some or all of the Alex Theatre neon marquee to LED. Upon further review, and after consulting other theatres who have made this conversion, it was determined the expense and aesthetic of the conversion would not currently meet standards.
ANALYSIS
Charter, Art. VI, Sec. 9 requires competitive bids for the construction, improvement, repair, or maintenance of public works (e.g., public buildings) be authorized by the City Council following Council approval of plans and specifications for public works contracts for over $50,000 that include onsite services. Contract can then be awarded only to the lowest responsible bidder after competitive bidding. The City Council may reject any and all bids and authorize re-bidding. However, upon recommendation of the city manager, the City Council may dispense with competitive bidding for any contract when it determines that it is in the best interests of the city so to do and acts by resolution setting forth the reason for such action.
Here, it is in the best interests of the City to dispense with the competitive bidding process in order to expeditiously obtain a specialized vendor qualified to perform work on the historic Alex Theatre marquee without having to 1) obtain the City Council’s pre- approval of plans and specifications, and 2) avoid the need to return to Council to select another vendor in the event a vendor replacement is necessary. If the Council approves dispensing with competitive bidding, the Purchasing Manager can act more quickly to solicit and select a vendor qualified to perform this specialized work through 4 of 15
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0 a competitive process that would not potentially require multiple trips to the City Council for approval of plans and specifications, vendor selections or authority to re- bid. If authorized by the proposed resolution, the Purchasing Division will be able to issue and cancel Purchase Orders should a vendor not meet the needs and City standards and issue a new Purchase Order to the next lowest qualified bidder – in lieu of returning to the City Council to obtain authority to re-solicit bids and select a new vendor.
If authorized to dispense with competitive bidding process, Staff will prepare a comprehensive specification for all services and submit same to the Purchasing Office.
Purchasing will issue a Request for Quotations (RFQ) that will be advertised to potential vendors. The Purchasing Administrator will publicly open and record the bids received by the bid deadline and then makes a recommendation for a contract to the Director of Finance/Information Technology and City Manager. The Purchasing Administrator can evaluate quotes submitted by contractors and determine the lowest cost bidder that meets the City’s minimum requirements. Authorizing the Purchasing Administrator to handle the procurement process ensures not just a professional process, but will expedite the selection of a specialized vendor and quickly obtain the much-needed repairs and maintenance of the historic Alex Theatre’s neon marquee.
STAKEHOLDERS/OUTREACH
This process to submit a bid for the work will be posted on the City website and advertised in the same manner as other bids.
FISCAL IMPACT
The 5-year maintenance contract of the historic neon marquee at the Alex Theatre is estimated at $350,000. The maintenance and repairs cost for the remainder of FY 22-23 is estimated at $30,000. The Community Development Department budget for the Alex Theatre, funded through Measure S, can absorb this year’s cost and therefore no new appropriation is being requested at this time. Funding for the Alex Theatre is approved on an annual basis by the City Council and contract costs, estimated at $75,000 a year for maintenance of the marquee, will be requested, and budgeted in the future along with other Alex Theatre costs. The funding for FY 22-23 is outlined below:
Existing Appropriation
Amount Account String Funding Source
$51,862 43110-1070-CDD-8504-P8027 General Fund – Measure S
ENVIRONMENTAL REVIEW (CEQA/NEPA)
Staff has determined that the adoption of this resolution is exempt from further 5 of 15
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0 environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15301 “Existing Facilities” because this project consists of the repair and maintenance of an existing public facility involving no expansion of the existing use.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES
Alternative 1: Approve a Resolution to dispense with the bidding procedures and authorize the Purchasing Administrator to solicit competitive bids and execute a contract(s) with one or more qualified vendors for the maintenance and repairs of the neon marquee at the Alex Theatre.
Alternative 2: Deny the Resolution and direct staff to follow the formal bidding protocol required by the Charter and Glendale Municipal Code.
Alternative 3: Consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Prepared by:
Tamar Sadd, Principal Administrative Officer
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
None.
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1 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GLENDALE, CALIFORNIA, DISPENSING WITH COMPETITIVE
BIDDING PROCESS REUQIRED BY CITY CHARTER, ARTICLE VI,
SECTION 9, AND AUTHORIZING THE PURCHASING
ADMINISTRATOR TO SOLICIT BIDS AND SELECT A VENDOR
QUALIFIED TO UNDERTAKE THE REPAIR AND MAINTENANCE OF
THE ALEX THEATRE’S HISTORIC NEON MARQUEE
WHEREAS, on June 2022 the City of Glendale entered into a 10-year operating contract with Theatre manager SAS Entertainment, for the management and operation of the City’s historic Alex Theatre (the “Management Agreement”); and WHEREAS, the Management Agreement included maintenance of the Theatre’s infrastructure and systems as a City responsibility, including the maintenance of the historic neon marquee; and
WHEREAS, Glendale City Charter, Article VI, Sec. 9 requires competitive public bidding for defined public works projects, but provides an exemption to competitive bidding when the City Council determines it is in the best interest of the City to dispense with competitive bidding; and
WHEREAS, it is in the best interests of the City to dispense with the competitive bidding process here in order to expeditiously obtain a specialized vendor qualified to perform overdue work on the historic Alex Theatre marquee, which expedited process will not require staff to obtain the City Council’s pre-approval of plans and specifications for this work, or require staff to return to Council to select another vendor in the event a vendor replacement is necessary, and will instead authorize the City’s Purchasing Administrator to complete this process; and
WHEREAS, dispensing with competitive bidding will allow the City’s Purchasing Administrator to quickly solicit, vet, and select vendor(s) qualified to perform this specialized work through a competitive process that avoids delay in obtaining these critical and overdue repairs for the Theatre; and
WHEREAS, based on the foregoing findings and facts, it appears that adequate justification exists, and that it is in the City’s best interest to (1) dispense with competitive bidding, and (2) authorize the City’s Purchasing Administrator to solicit competitive bids and execute a contract for the maintenance and repairs of the Alex Theatre neon marquee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE:
1. The foregoing facts are deemed to be true and correct, and are a basis for dispensing with competitive bidding.
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2 2. The Council hereby dispenses with competitive bidding and authorizes the City’s Purchasing Administrator to undertake a bidding process to expeditiously obtain a specialized vendor qualified to undertake necessary repairs and maintenance of the historic Alex Theatre’s iconic neon marquee.
Adopted this _____________ day of __________________________, 2023. ___________________________
Mayor
ATTEST:
____________________
City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, Dr. Susie Abajian, City Clerk of the City of Glendale, certify that the foregoing Resolution No. _____________ was adopted by the City Council of the City of Glendale, California, at a regular meeting held on the day of , 2023, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________
City Clerk
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2 CITY OF GLENDALE, CALIFORNIA
REPORT TO THE SPECIAL CITY COUNCIL
AGENDA ITEM
Report: Termination of Local COVID-19 Emergency
1. Resolution Terminating Local State of Emergency Pertaining to COVID-19, effective February 28, 2023
COUNCIL ACTION
Item Type: Action Item
Approved for February 14, 2023 calendar
EXECUTIVE SUMMARY
The Council is asked to consider termination of the local state of emergency associated with COVID-19. With infection, hospitalization and death rates in decline, businesses on the rebound, and the Governor having declared the end of the statewide COVID-19 state of emergency, it is appropriate for the Council to consider the termination of the local state of emergency.
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1 COUNCIL PRIORITIES
N/A.
RECOMMENDATION
That the Council adopt a resolution terminating the local state of emergency related to COVID-19.
BACKGROUND
COVID-19 was first detected late in 2019 as a serious public health threat, according to the Center for Disease Control and Prevention (CDC). On March 4, 2020, Governor Newsom declared a State of Emergency in the State of California to help prepare for the broader spread of COVID-19. On March 4, 2020, the Los Angeles County Health Officer declared a Local Health Emergency. On March 16, 2020, City Council declared a local state of emergency to respond expeditiously to emergency circumstances as COVID quickly took hold in the community.
In response to COVID, the City cooperated with public health authorities and hospitals to implement a variety of public health measures, including education, distribution of masks, and distribution of vaccines. The City also adopted multiple emergency orders to protect the public health and safety and to assist residents and businesses to respond to the deleterious impacts of COVID-19, including:
•A temporary residential rent freeze;
•Temporary moratoria on commercial and residential evictions related to the nonpayment of rent due to COVID;
•An emergency order requiring the wearing of face coverings for individuals working at essential businesses;
•A cap on fees charged to restaurants by third-party food delivery services. •A waiver of fees charged to restaurants for permits necessary to conduct sidewalk and outdoor dining (“Al Fresco Dining”) where necessitated by County restrictions on indoor dining; and
•Orders permitting outdoor retail, outdoor personal care establishments and use of parks facilities for outdoor operations of gyms and dance academies With the exception of the declaration of state of emergency and the cap on fees charged to restaurants by third-party food delivery services, these orders have expired. In addition, the City established programs to assist businesses to respond to the impacts of COVID- 19, including the Low Income Small Business Grant Program, the Small Business Recover Grant Program, and Grants, and the Al Fresco Dining Program.
On October 17, 2022, Governor Newsom announced that the State’s COVID-19 State of Emergency will end on February 28, 2023. The City of Los Angeles has similarly announced that its COVID-19 State of Emergency will end on the same date. Council is 10 of 15
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1 being asked to consider terminating the COVID-19 state of emergency.
ANALYSIS
At the present time, COVID-19 cases continue to decline. Though it is widely understood that COVID-19 is going to be with us for some time, infection, hospitalization and death rates have declined to the point where COVID-19 is no longer referred to as a pandemic, a fact implicit in the Governor’s decision to terminate the statewide declaration of emergency effective February 28, 2023. The City can continue to monitor and implement any applicable County health requirements and will continue to share information from County and State health officers with Glendale residents and businesses. This includes the importance of continuing to use the tools we have to protect against COVID-19, including vaccines, boosters, testing, masking where recommended, and quarantining and isolation when testing positive.
Impact of Termination on Delivery Fee Cap
As noted above, the Council adopted a resolution on June 2, 2020 establishing a temporary limit of commissions charged by third party food delivery companies (“Fee Cap”). The Fee Cap applies to any restaurant in Glendale that offers, via the internet, the sale and same-day delivery of food to customers from one or more restaurant locations in the City, excluding formula or chain restaurants (a restaurant chain with eleven or more locations anywhere in the world). It caps all fees, including delivery fees and processing fees, at 15% of the purchase price of the online order. The resolution establishing the Fee Cap provided that it will remain in effect while the City’s state of emergency remains in effect. Thus, upon the termination of the COVID-19 local state of emergency, the Fee Cap will also terminate. As noted in the August 2022 Report to Council reconsidering the Fee Cap, similar fee caps of other cities have expired (Burbank, Long Beach, Los Angeles, and Pasadena) while others will expire upon the terminations of their local emergency (Santa Monica).
STAKEHOLDERS/OUTREACH
N/A.
FISCAL IMPACT
There is no direct fiscal impact associated with this termination of the local state of emergency associated with COVID-19.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This activity is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15378(b)(2), because it involves general policy and procedure making, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements. 11 of 15
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1 ALTERNATIVES
1. Council can terminate the local state of emergency pertaining to COVID-19, effective February 28, 2023.
2. Council can choose not to terminate the local COVID-19 emergency.
3. Council can terminate the local COVID-19 emergency, but select a different termination date.
4. Council can choose an alternative not identified by staff.
ADMINISTRATIVE ACTION
Prepared by:
Michael J. Garcia, City Attorney
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
N/A.
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1 RESOLUTION NO: ___________
RESOLUTION OF THE COUNCIL OF THE CITY OF
GLENDALE, CALIFORNIA TERMINATING THE PROCLAMATION
OF LOCAL EMERGENCY IN THE CITY OF GLENDALE
WHEREAS, COVID-19 was first detected late in 2019 as a serious public health threat, according to the Center for Disease Control and Prevention (CDC) and on March 4, 2020, Governor Newsom declared a State of Emergency in the State of California to help prepare for the broader spread of COVID-19 and on March 4, 2020, the Los Angeles County Health Officer declared a Local Health Emergency;
WHEREAS, on March 16, 2020, the City Council of the City of Glendale, found that due to conditions of disaster or imminent and proximate threat to the public health from the introduction of COVID-19, conditions of extreme peril to life and property did exist in the City of Glendale and adopted Resolution No. 20-28, which proclaimed the existence of a local emergency; and WHEREAS, in response to COVID, the City cooperated with public health authorities and hospitals to implement a variety of public health measures, including education, distribution of masks, and distribution of vaccines and the City also adopted multiple emergency orders to protect the public health and safety and to assist residents and businesses to respond to the deleterious impacts of COVID-19, including:
•A temporary residential rent freeze;
•Temporary moratoria on commercial and residential evictions related to the nonpayment of rent due to COVID;
•An emergency order requiring the wearing of face coverings for individuals working at essential businesses;
•A cap on fees charged to restaurants by third-party food delivery services. •A waiver of fees charged to restaurants for permits necessary to conduct sidewalk and outdoor dining (“Al Fresco Dining”) where necessitated by County restrictions on indoor dining; and
•Orders permitting outdoor retail, outdoor personal care establishments and use of parks facilities for outdoor operations of gyms and dance academies
With the exception of the declaration of state of emergency and the cap on fees charged to restaurants by third-party food delivery services, these orders have expired. In addition, the City established programs to assist businesses to respond to the impacts of COVID-19, including the Low Income Small Business Grant Program, the Small Business Recover Grant Program, and Grants, and the Al Fresco Dining Program.
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2 WHEREAS, on October 17, 2022, Governor Newsom announced that the State’s COVID-19 State of Emergency will end on February 28, 2023; and WHEREAS, adoption of this resolution is exempt from review under the California Environmental Quality Act Guidelines, Section 15378 (not a project) and Section 15061(b)(3) (no significant environmental impact).
WHEREAS, the Council, after a review of the now existing conditions, finds that the situation resulting from said conditions of extreme peril associated with COVID-19 is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities of and within the City of Glendale.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA that the Council does hereby proclaim the termination of said local emergency associated with COVID-19, effective February 28, 2023.
Adopted this __________ day of _______________, 20______. ________________________
Mayor
ATTEST:
_______________________
City Clerk
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3 STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing resolution was adopted by the Council of the City of Glendale, California, at a special meeting held on the day of , 20_____, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_________________________
City Clerk
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