Agenda packet, first session — Glendale City Council, April 18, 2023

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
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Glendale, CA 91206
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APRIL 18, 2023

ROLL CALL

1. CLOSED SESSION
– 1:00 PM ( To Commence at 3:00 PM
)
a.

Conference with Legal Counsel – Anticipated Litigation: Significant exposure litigation pursuant to paragraph subdivisions (d)(2) and (e)(2) of Section 54956.9:

One (1) potential case

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Conference with Legal Counsel – Anticipated Litigation: Significant exposure litigation pursuant to paragraph subdivisions (d)(2) and (e)(5) of Section 54956.9:

One (1) potential case
c.

Conference with Legal Counsel - Pending Litigation: California Rifle & Pistol Association, Incorporated, et al., v. City of Glendale, et al., USDC Case No. 2:22-cv- 07346-SB-JC
d.

Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One (1) potential case
e.

Public Employee Performance Evaluation: City Manager and City Attorney

2. REGULAR BUSINESS AGENDA
– 6:00 PM
Roll Call
a.

Flag Salute: Mayor Brotman
b.

Invocation: Father Movses Shannakian with St. Mary’s Armenian Apostolic Church c.

Report of City Clerk, re: Posting of Agenda. The Agenda for the April 18, 2023 Regular Meeting of the Glendale City Council was Posted on Thursday, April 13, 2023 on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, April 25, 2023 b.

Proclamation designating April 2023 as Sexual Assault Awareness Month and April 26, 2023 as Denim Day
c.

Proclamation designating April 16th - 24th National Library Week d.

Proclamation for National Volunteer Week
e.

Proclamation Designating April 16, 2023 to April 25, 2023 as Week of Remembrance f.

Proclamation Designating the Month of April as Genocide Awareness Month

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.

Libraries, Arts, and Culture, re:

Support for the Urban Libraries Council’s
Declaration of Democracy

1. Motion to direct Library, Arts & Culture staff to sign on to the Urban Libraries Council (ULC) Declaration of Democracy
b.

Libraries, Arts, and Culture, re: Acceptance of Targeted State Grant funds for Central Library Improvements

1. Motion accepting $6,095,000 in funding for Glendale Central Library Capital Outlay and Maintenance from the California State Library Targeted Grant; and authorizing the City Manager or a designee to execute all agreements, amendments, certifications, and documents necessary to accept and implement the funding

2. Resolution appropriating $
6,095,000
in funding for Glendale Central Library Capital
Outlay and Maintenance from the California State Library Targeted Grant

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5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)

7. ADOPTION OF ORDINANCES

8. ACTION ITEMS
a.

Libraries, Arts, and Culture, re:

Purchase of Library Materials and Electronic
Resources

1. Resolution to dispense with competitive bidding and authorize the Deputy Director of Finance/Purchasing to execute a purchase order with Califa Group for the purchase of library materials and electronic resources for a period of five years and an amount not to exceed $1,250,000
b.

Community Development, re:

Professional Services Agreements for Building &
Safety Contract Plan Check and Inspection Services

1. Motion authorizing the City Manager to execute a five-year Professional Services Agreement with JAS Pacific for a not-to-exceed amount of $400,000

2. Motion authorizing the City Manager to execute a five-year Professional Services Agreement with VCA Code for a not-to-exceed amount of $400,000

3. Motion authorizing the City Manager to execute a five-year Professional Services Agreement with True North Compliance Services for a not-to-exceed amount of $400,000
c.

Community Development, re:

Consideration of refinement of updating sign
regulation pertaining to animated (digital) signs and non-accessory signage

1. Motion to provide direction regarding code amendments to Chapter 30.33 of the Glendale Municipal Code to allow animated signs with specific criteria in limited area;

2. Motion initiating code amendments to Chapter 30.33 of the Glendale Municipal Code to allow non-accessory signs with specific criteria in limited areas d.

Management Services, re: Designation of a Voting Delegate and alternate for the Southern California Association of Governments Regional Conference and General Assembly

1. Motion to Designate one Council Member as the Voting Delegate and one Council Member as the voting alternate for the Southern California Association of Governments Regional Conference and General Assembly to be held May 4-5, 2023 e.

City Attorney, re:

Discussion of Council Districts and Directly Elected Mayor; Discussion of Potential Amendments to City Charter

1. A Resolution of the Council of the City of Glendale, California Declaring Its Intent to Initiate Procedures for a Transition from At-Large to District-Based Council Member Elections Pursuant to Elections Code Section 10010 and Government Code Section 34886 and Proposed Amendments to the City Charter; and Approving a Tentative Timeline for Conducting Public Hearings, Formulating Proposed District Maps, Presenting a Draft Ordinance to Council for Decision, and Presenting Proposed Ballot Language for Charter Amendments to Transition to Districts and Create Position of Directly Elected Mayor

2. A Resolution of the Council of the City of Glendale, California Declaring Its Intent to Initiate Procedures for a Transition from At-Large to District-Based Council Member Elections Pursuant to Elections Code Section 10010 and Proposed Amendments to the City Charter; and Approving a Tentative Timeline for Conducting Public Hearings, Formulating Proposed District Maps, and Presenting Proposed Ballot Language for

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Charter Amendments to Transition to Districts and Create Position of Directly Elected Mayor

3. A Resolution of the Council of the City of Glendale, California Declaring Its Intent to Initiate Procedures for a Transition from At-Large to District-Based Council Member Elections Pursuant to Elections Code Section 10010 and Government Code Section 34886; and Approving a Tentative Timeline for Conducting Public Hearings, Formulating Proposed District Maps, and Presenting a Draft Ordinance to Council for Decision

4. Motion Directing Staff Regarding Other Proposed Amendments to the City Charter

5. Resolution of Appropriation for $55,000
f.

City Attorney, re:

Revision to Council Policy Related to Councilmember Requests to Place Matters on Future Agendas

1. Intro. of Ordinance Amending Section 2.04.080 of the Glendale Municipal Code Pertaining to the Order of Business for Council Meetings

2. Resolution Adopting a Revised Policy Regarding Councilmember Requests to Place Matters on Future Agendas

9. HEARINGS

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes.

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
a.

Consideration of Motion to Rescind Motion Authorizing the Initiation of Litigation, Approved under New Business on April 4, 2023; Consideration of Motion to Re- Adopt Motion Authorizing Initiation of Litigation Approved under New Business on April 4, 2023

14. ADJOURNMENT

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Support for the Urban Libraries Council’s Declaration of Democracy

1.Motion to direct Library, Arts & Culture staff to sign on to the Urban Libraries Council (ULC) Declaration of Democracy.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for April 18, 2023 calendar

EXECUTIVE SUMMARY
The Urban Libraries Council developed the Declaration of Democracy, which provides a baseline for building library policies and actions that preserve and protect democracy locally and is requesting member support.
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COUNCIL PRIORITIES
Not applicable.

RECOMMENDATION
That the City Council approve the Motion to direct staff to sign on to the Urban Libraries Council Declaration of Democracy.

BACKGROUND
In 2022, the American Library Association (ALA) documented 1,269 demands to censor library books and resources, nearly double the number of book challenges reported in 2021 and the highest number of attempted book bans since ALA began tracking censorship attempts in 2001. 90% of all challenges were attempts to ban multiple titles, and 40% of challenges involved 100 or more books, often originating from organized censorship groups. The vast majority of challenged books were written by or about members of the LGBTQIA+ community and/or people of color.

The ALA’s Library Bill of Rights (Exhibit A) affirms that:

I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.

II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.

The Urban Libraries Council (ULC) provides a forum for library leaders to share best practices and innovative ideas that inspire programs that support learning, a strong economy and an active democracy. LAC is a ULC member. ULC programs are recognized for creating new frameworks that invigorate public libraries and their communities. In response to the dramatic rise in censorship attempts, ULC is calling for support for its Declaration of Democracy.

ANALYSIS
The ULC Declaration of Democracy (Exhibit B) states in part that “to meaningfully participate in society, people need access to a broad range of information and ideas, as well as opportunities for open, uncensored discourse to hear, read, debate and learn from each other’s perspectives.” LAC’s strategic plan, policies and goals are already in 6 of 140

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alignment with the commitments of the Declaration. For example:
•“Educating and informing the public about the rights afforded to them in the United States Constitution, among them the freedom of religion, thought, speech, expression, belief, the press, peaceful assembly and association “ oLAC’s Collection Development policy, other policies, and its strategic plan all explicitly reflect the importance of these rights.
•Encouraging an active citizenry where all are engaged in creating an equitable and just society where everyone may realize their potential as individuals within the community.
oLAC provides also support for community members who are at a wide variety of life stages, from connecting individuals with local social services, to adult literacy classes and tutoring.
•“Serving as a convener for and facilitator of civic engagement and civil discourse, where all voices may be heard, and respect is displayed for community members’ diverse opinions, thoughts, histories and cultural heritage.” oThe Be the Change program series, including this year’s Be the Change Book Festival, focus on building a collective understanding of systemic racism, elevating the voices and stories of Black, Indigenous and People of Color (BIPOC), and inspiring our community to be the change through lectures, exhibits, and programming.
•“Increasing efforts to fight misinformation and disinformation, providing reliable resources and seeking new ways to help patrons find verifiable and accurate information.”
oLAC provides access credible information in physical and electronic formats and has offered programming focused on combatting misinformation. •“Leveraging programming, collections and other resources to promote human dignity, open dialogue and respect for diverse viewpoints, civil rights, and all other protections and freedoms fundamental to democracies.”
oFrom Book Clubs and English as a Second Language Conversation Classes to Art Talk Tuesdays and ReflectSpace exhibitions, LAC brings the Glendale community together for open dialogue on a wide range of topics, encouraging civil discourse.

STAKEHOLDERS/OUTREACH
When LAC signs off on the Declaration of Democracy, we will communicate this with the public in the following ways:
- Press release to media
- Email announcements to patrons and partners
- Blog post

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

ENVIRONMENTAL REVIEW (CEQA/NEPA)
N/A
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CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: The City Council may approve the Motion directing Library, Arts & Culture staff to sign on to the Urban Libraries Council (ULC) Declaration of Democracy.

Alternative 2: The City Council may decline to adopt a Motion.

Alternative 3: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Nicole Pasini, Assistant Director of Library, Arts & Culture Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None.
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c:\inetpub\wwwroot\multitenant\temp\04182023_cc_motion_4a1.pdf MOTION
Moved by Council Member , seconded by
Council Member ______________, that the City Council hereby directs the Library, Arts & Culture staff to sign on to the Urban Libraries Council (ULC) Declaration of Democracy as described in and attached to the April 18, 2023 staff report from the Director of Library, Arts and Culture.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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Library Bill of Rights
The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.

III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.

IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.

V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.

VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.

VII. All people, regardless of origin, age, background, or views, possess a right to privacy and confidentiality in their library use. Libraries should advocate for
, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information.

Adopted June 19, 1939, by the ALA Council; amended October 14, 1944; June 18, 1948; February 2, 1961; June 27, 1967; January 23, 1980; January 29, 2019.

Inclusion of “age” reaffirmed January 23, 1996.

Source: https://www.ala.org/advocacy/intfreedom/librarybill 10 of 140

ULC DECLARATION OF DEMOCRACY

Democracy is under siege throughout the world and close to home. Daily, we witness assaults on basic freedoms and human rights we’ve long cherished as books are banned, programs and events are canceled, disinformation and misinformation spread unchecked and racism is institutionalized. Democracy’s future is diminished when people’s access to power, information, a diversity of voices and the ability to influence policy are restricted. As cornerstones of democracy, it is incumbent upon libraries to stand up against all efforts to impede the democratic process and limit the full participation in civic life.

Banning books through policy and legislation is one such example of the challenges facing us.

These efforts have unfortunately met with success in some parts of the United States as lawmakers codify restrictions on reading material – and we strongly stand against the furtherance of such restrictive policymaking.

As leaders of North America’s public libraries, we are committed to preserving, protecting and advancing the highest hopes and ideals of democracy so all members of our communities may fully participate in the democratic process. To meaningfully participate in society, people need access to a broad range of information and ideas, as well as opportunities for open, uncensored discourse to hear, read, debate and learn from each other’s perspectives.

It is for this reason that libraries as trusted institutions in their communities join to advance this Declaration and commit to the following:

● Educating and informing the public about the rights afforded to them in the United States Constitution and the Canadian Charter of Rights and Freedoms, among them the freedom of religion, thought, speech, expression, belief, the press, peaceful assembly and association.1
● Encouraging an active citizenry where all are engaged in creating an equitable and just society where everyone may realize their potential as individuals within the community. ● Serving as a convener for and facilitator of civic engagement and civil discourse, where all voices may be heard and respect is displayed for community members’ diverse opinions, thoughts, histories and cultural heritage.
● Increasing efforts to fight misinformation and disinformation, providing reliable resources and seeking new ways to help patrons find verifiable and accurate information.

1 See First Amendment in the United States Constitution and Section 2 in the Canadian Charter of Rights and Freedoms.
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● Leveraging programming, collections and other resources to promote human dignity, open dialogue and respect for diverse viewpoints, civil rights, and all other protections and freedoms fundamental to democracies, and based on the conviction that “laws and institutions must go hand in hand with the progress of the human mind”2, holding fast to the expectation that “the arc of the moral universe is long, but it bends toward justice”3, and that “the Just Society will be one in which the rights of minorities will be safe from the whims of intolerant majorities.”4

We resolve to continue to create spaces where entering our doors is an act of participating in democracy, where people can read and learn freely from all points of view, make up their own minds and engage in their communities. We stand as proud leaders of libraries, and as such, we will continue to guard democracy’s great promise and ensure all those we serve are included in its fulfillment.

Sign the ULC Declaration of Democracy
urbanlibraries.org/initiatives/declaration-of-democracy

2 Thomas Jefferson, from a letter to Samuel Kercheval, July 12, 1816, enshrined on Southeast Portico of the Jefferson Memorial, Washington, D.C.
3 Martin Luther King, Jr., Washington National Cathedral, March 31, 1968, enshrined on South Wall of the Martin Luther King, Jr. Memorial, Washington, D.C. 4 Pierre Elliott Trudeau, as cited in The Essential Trudeau, ed. Ron Graham. (pp.16 – 20).

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Acceptance of Targeted State Grant funds for Central Library Improvements

2. Resolution appropriating $6,095,000 in funding for Glendale Central Library Capital Outlay and Maintenance from the California State Library Targeted Grant.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for April 18, 2023 calendar

EXECUTIVE SUMMARY
The Glendale Central Library Capital Outlay and Maintenance project funding from the California State Library (CSL) Targeted Grant, secured by Assemblymember Laura Friedman, will supplement the already appropriated Building Forward grant and associated matching funds in order to create vibrant, engaging spaces for children and teens, while also improving the building’s sustainability, security, flexibility and usability.

COUNCIL PRIORITIES
Infrastructure: This grant will enable the city to begin the Central Library Roof Replacement Project and award a contract for Central Library Youth Spaces Renovation.

RECOMMENDATION
That the City Council approve the Motion accepting $6,095,000 in funding for Glendale Central Library Capital Outlay and Maintenance from the California State Library Targeted Grant and a Resolution appropriating the funds.

BACKGROUND
On March 9, 2021, City Council approved a Professional Services Agreement with Johnson Favaro, LLP for the Architectural and Engineering Services for Glendale Central Library Youth Services Renovation Project in a total not-to-exceed amount of $356,400, including contingency. Staff from Library, Arts & Culture and Public Works 13 of 140

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Departments worked collaboratively with Johnson Favaro through the schematic design and design development phases of the project, collected enthusiastic community input, and adjusted plans accordingly. On December 7, 2021, architects Johnson Favaro, LLC presented conceptual design plans to Council and incorporated feedback accordingly.

Staff then worked with Johnson Favaro on the Construction Documents and Plan Check phases; a report to Council on Bid Documents is anticipated in January 2023.

On December 13, 2022, City Council accepted a CSL Building Forward grant for the Glendale Central Library Critical Maintenance, Sustainability and Youth Spaces Renovation in the amount of $5,670,328, and appropriated required matching funds. This funding will support renovation of the Children's Room and creation of a Teen Space and restrooms, as well as repair of the roof, upgrade of the air handler to an energy efficient model, and installation of solar panels. The scope of this project includes:

The Children’s Room
• Move the entryway and extend the interior window overlooking the main atrium. • Lower shelving and increase wall shelving.
• Decrease the footprint of the service desk.
• Create flexible programming space that can be used by the public when not •programmed.
•Remove existing tech room and improve access to power and data for mobile •devices.
•Create areas for preschoolers and tweens, and a lactation room. •Update security system and add an Assistive Listening System (ALS). •Combine storage areas and improve staff area.
•Create ADA-accessible adult restrooms adjacent to the auditorium and two family •restrooms within the Children’s Room.

Teen Space
•Create a dedicated teen space that is acoustically sealed. •Turn the existing SoundSpace into storage that enables flexible use of the space. •Create a visible and usable recording studio and control room in the Teen Space. •Create three meeting rooms and a social gaming space.
•Provide mobile display shelving for rotating featured collections. •Improve access to power and data for patrons’ personal and library devices. •Update security system and add an ALS.

General building improvements and repairs include:
•Replace the leaking roof and addition of a 400 kilowatt-hour solar panel system. •Upgrade the air handler to an energy efficient model.

At this time, it is anticipated that the total project costs as defined in the grant application to be approximately $14.7 million. The project cost breakdown includes the following:
•Children and teen spaces and second-floor restrooms - $8 million, •Roof repair - $3 million, and
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•Facility upgrades: sustainability/solar, new air handler, safety improvements, security cameras, and other miscellaneous improvements - $3.7 million.

Staff assumes that the costs of the Youth Spaces remodel will exceed the amount of Building Forward grant and matching funding available. Additionally, the Building Forward grant cannot be used to fund furniture or equipment to support programs. Finally, the Central Library has needs for additional improvements in order to fulfill community needs.

Remaining Building Forward funding and additional needs at Central will be covered by the Targeted State Grant for Central Library Improvements award amount of $6,095,000.

The Targeted State Grant also includes a matching component of $103,475 in staff time.

ANALYSIS
The remaining budget will be covered by a portion of the $6,095,000 allocation secured by Assemblymember Friedman through AB 179, the State Budget Act of 2022, for Glendale Central Library’s Capital Outlay and Maintenance. These funds will be administered as a Targeted Grant by CSL.

The Targeted Grant funds may not be used as matching funds for the Building Forward Grant. Any remaining funds from AB 179 could be used for items unrelated to this project, including building improvements and repairs that will ensure the building is able to serve the residents of Glendale for another 50 years. The preliminary scope of work for the Glendale Central Library Capital Outlay and Maintenance grant projects includes:
•addressing punch list items from the 2018 remodel,
•sealing windows and fractures in the exterior concrete walls, •improving interior and exterior security,
•expanding access to power for patrons using personal and library-provided mobile devices,
•adding equipment to support sustainable library services, and •system improvements in the MakerSpace and Local History Room.

Council has noted an interest in sustainable energy and storage, and staff will be researching the feasibility of using the Targeted Grant to fund that effort as well.

STAKEHOLDERS/OUTREACH
In September 2021, LAC held two online public input meetings. Engaged community members, parents, and teenagers heard Johnson Favaro present on the current state of the spaces, anticipated needs, and current design schemes. They provided critical, nuanced feedback and input that was later incorporated into the design process. In addition to these community meetings, a teen survey was conducted, and boards with proposed design images were placed in the children’s room and teen collection area for patrons to give input at their convenience.

Additional potential projects will be prioritized through community feedback. LAC is currently contracted with Little Diversified Architectural Consulting to conduct a Service Area Study, which will include community input through surveys and community meetings on library space needs and services.
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FISCAL IMPACT
The Glendale Central Library Capital Outlay and Maintenance grant in the amount of $6,095,000 was not included as a part of the FY 2022-23 budget. Therefore, staff is requesting for an appropriation of $6,095,000 from State Grant Revenue. The appropriation request is outlined below:

Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$334,080 GL: 32610-2750-
LAC-0020-P0000
PL: LAC00988AG
GL: 41100-2750-LAC-
0020-P0000
PL: LAC00988AG
State Grant
Revenue
$5,448,420 GL: 32610-2750-
LAC-0020-P0000
PL: LAC00988AG
GL: 43110-2750-LAC-
0020-P0000
PL: LAC00988AG
State Grant
Revenue
$312,500 GL: 32610-2750-
LAC-0020-P0000
PL: LAC00988AG
GL: 51250-2750-LAC-
0020-P0000
PL: LAC00988AG
State Grant
Revenue

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Not applicable.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: Approve the Motion accepting $6,095,000 in funding for Glendale Central Library Capital Outlay and Maintenance from the California State Library Targeted Grant and approve the Resolution of Appropriation for those funds.

Alternative 2: Decline to adopt a Motion and Resolution of Appropriation and, thus, forfeit the grant funding.

Alternative 3: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Nicole Pasini, Assistant Director of Library, Arts & Culture Approved by:

Roubik R. Golanian, P.E., City Manager
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EXHIBITS/ATTACHMENTS
None
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c:\inetpub\wwwroot\multitenant\temp\04182023_cc_motion_4b1.pdf MOTION
Moved by Council Member , seconded by
Council Member ______________, that the City Council hereby accepts $6,095,000 in funding for Glendale Central Library Capital Outlay and Maintenance from the California State Library Targeted Grant as described in the April 18, 2023 staff report from the Director of Library, Arts and Culture; and authorizes the City Manager or a designee to execute all agreements, amendments, certifications, and documents necessary to accept and implement the funding.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Purchase of Library Materials and Electronic Resources

COUNCIL ACTION
Item Type: Action Item
Approved for April 18, 2023 calendar

EXECUTIVE SUMMARY
The Library, Arts & Culture department purchases library materials and electronic resources from a wide variety of vendors. We buy a significant number of resources from Califa Group at a discounted rate.

As the Library, Arts & Culture’s current agreement with Califa expires on April 30, 2023, staff are requesting to dispense with competitive bidding and issue a new five-year purchase order for an amount not to exceed $1,250,000.

COUNCIL PRIORITIES
N/A

RECOMMENDATION
That City Council dispense with competitive bidding and authorize the Deputy Director of Finance/Purchasing to execute a purchase order with Califa Group for library materials and electronic resources for a period of five years at an amount not to exceed $1,250,000. 22 of 140

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BACKGROUND
Library, Arts & Culture purchase order contract with Califa Group is set to expire April 30, 2023. The original five-year agreement was approved by Council on February 27, 2018 with a total allocated amount not to exceed $1,622,500.

The Library, Arts & Culture Department purchases books, materials and resources from a large number of vendors. A main resource is Califa Group which offers library materials and electronic resources at a discounted rate.

ANALYSIS
Califa Group is a non-profit library membership consortium of more than 230 libraries and is the largest library network in California. Founded in 2004, Califa brokers and facilitates the procurement of library products; works closely with the California State Library in administering a number of statewide projects supported by federal Library Services and Technology Act funds; offers Continuing Education training; and manages master contracts and pricing agreements with publishers and vendors. With a network of professional contacts, Califa Group has also demonstrated capacity and experience in grant program design, delivery, and management.

As a Califa Group member with annual membership dues of only $400, we can receive these services and materials at the membership rate. This is a consortium group offering resources directly from the vendors with discounted pricing to California Libraries. As the City’s current agreement with Califa expires on April 30, 2023, staff is requesting to dispense with competitive bidding and continue with Califa for a new five-year contract.

STAKEHOLDERS/OUTREACH
Issuing a new five-year purchase order contract will allow Library, Arts & Culture to renew popular Califa purchased products without an interruption of service to the community.

FISCAL IMPACT
The Califa purchase order contract will cost $250,000 each fiscal year. This amount will be requested as part of the annual budget process.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Because no possibility exists that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review under the common sense exemption set forth in 14 Cal. Code Regs. § 15061(b)(3).

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: Adopt a Resolution to dispense with competitive bidding and authorize the Deputy Director of Finance/Purchasing to execute a purchase order with Califa Library Group for the purchase of library materials and electronic 23 of 140

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resources for a period of five-years and an amount not to exceed $1,250,000.

Alternative 2: Choose to not approve the resolution and the Library would have to immediately look for replacement vendors and pay more for existing services.

Alternative 3: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Kristina Gerber, Library, Arts & Culture Administrative Manager Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None.
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1 C:\inetpub\wwwroot\multitenant\temp\04182023_CC_Resolution_8a1.pdf RESOLUTION NO. _____________

RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA,

DISPENSING WITH COMPETITIVE BIDDING AND AUTHORIZING

THE PURCHASING MANAGER TO EXECUTE A PURCHASE ORDER/

SERVICE AUTHORIZATION WITH CALIFA LIBRARY GROUP

TO PURCHASE LIBRARY MATERIALS, EQUIPMENT, AND ELECTRONIC RESOURCES WHEREAS, the Library, Arts and Culture Department (“the Library”) purchases books, materials, equipment, and electronic resources from a large number of vendors. A main resource for the Library is Califa Library Group (“CALIFA”), which is a not-for-profit membership cooperative serving member libraries in California, with the bulk its of membership made up of public libraries; and
WHEREAS, CALIFA acts as a single approved vendor from whom libraries can purchase multiple vendor products; and
WHEREAS, CALIFA negotiates pricing agreements and group purchases with more than 60 CALIFA-approved vendors, thereby providing cost effective delivery of services, programs, and products; and
WHEREAS, as a CALIFA member, the Library receives CALIFA group purchasing product discounts, which enables the City to receive lower, more favorable prices; and WHEREAS, the Library purchases books, materials, equipment, and electronic resources through CALIFA, including Mango Languages, GALE/CENAGE databases, and EBSCO subscriptions; and
WHEREAS, GALE/CENAGE and EBSCO sell their own products directly or through CALIFA, so the City’s Purchasing Manager cannot competitively bid them. However, CALIFA offers these products at a discounted price to CALIFA member libraries; and WHEREAS, CALIFA has a successful track record with the Library in providing books, materials, equipment, databases, and subscriptions; and WHEREAS, CALIFA has the capacity, resources, and desire to provide the products and services that the Library needs; and
WHEREAS, the Council finds that the Library needs to continue providing the community with current books, materials, equipment, and electronic resources; and WHEREAS, the Council finds that by using CALIFA for books, materials, equipment, databases, and subscriptions, the Library can ensure that it delivers cost effective services and programs; and
WHEREAS, sufficient budgetary funds exist to authorize the City’s Purchasing Manager to execute and issue a Purchase Order/Service Authorization to CALIFA to purchase products and services for a 5 year period; and
WHEREAS, Glendale City Charter, Article VI, Sec. 9 provides an exemption to competitive bidding where the Council determines it is in the best interest of the City to dispense with competitive bidding; and
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2 C:\inetpub\wwwroot\multitenant\temp\04182023_CC_Resolution_8a1.pdf WHEREAS, given the need for the Library books, materials, equipment, databases, and subscriptions through CALIFA, it appears that adequate justification exists and it is in the City’s best interest― upon recommendation of the Director of Library, Arts and Culture― to dispense with competitive bidding and to authorize the Purchasing Manager, or his designee, to issue and execute a Purchase Order/Service Authorization with CALIFA to provide those products and services.

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 and authorizing the execution of an agreement with a single source.

2. The Council hereby dispenses with competitive bidding and authorizes the Purchasing Manager, or his designee, to issue and execute a Purchase Order/Service Authorization with Califa Library Group, San Mateo, California, for a 5 year period, to purchase books, materials, equipment, databases, and subscriptions in an amount not to exceed $1,250,000.00.

Adopted this _____________ day of __________________________, 2023. ___________________________________
Mayor
ATTEST:
____________________
City Clerk

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 No. was adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2018, 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: Professional Services Agreements for Building & Safety Contract Plan Check and Inspection Services

1.) Motion authorizing the City Manager to execute a five-year Professional Services Agreement with JAS Pacific for a not-to-exceed amount of $400,000.

2.) Motion authorizing the City Manager to execute a five-year Professional Services Agreement with VCA Code for a not-to-exceed amount of $400,000.

3.) Motion authorizing the City Manager to execute a five-year Professional Services Agreement with True North Compliance Services for a not-to-exceed amount of $400,000.

COUNCIL ACTION
Item Type: Action Item
Approved for April 18, 2023 calendar

EXECUTIVE SUMMARY
Building & Safety has utilized third-party plan check and inspection services for nearly two decades to supplement in house services when the need arises for specialized knowledge, to offset vacancies, or when the demand of services surpasses staff’s ability to meet.
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COUNCIL PRIORITIES
Not Applicable.

RECOMMENDATION
That the City Council approve of all three of the five-year Professional Service Agreements for Plan Check and Inspection Services.

BACKGROUND
Since 2005, the City of Glendale has maintained agreements with one or more firms to provide supplemental plan check and inspection services. Over this period, Building and Safety Division has utilized the professional plan check and inspection services on an as- needed basis to reduce backlogs due to heightened construction activity, to manage occasional staff shortages, and fill gaps in expertise when the need arises. The most recent five-year Professional Services Agreements with the firms JAS Pacific, CSG Consultants, Bureau Veritas, and VCA Code expire on June 30, 2023.

ANALYSIS
In anticipation of these contracts ending, staff issued a Request For Proposals (RFP) on February 8, 2023. An optional proposer conference was held on March 1, 2023, and RFPs were due to the City on March 8, 2023. A panel of staff reviewed the eleven responses from:

1. True North Compliance Services

2. JAS Pacific

3. VCA Code

4. Bureau Veritas

5. TRB + Associates

6. J Lee Engineering Inc.

7. Willdan

8. CSG Consultants

9. Transtech Engineers, Inc.

10. 4Leaf, Inc.

11. M6 Consulting
Submissions were ranked on Qualifications, Capabilities & Experience, Cost and Budget Control, Technical Approach and Methodology, References Related to Experience, and Overall Proposal Quality and Responsiveness.

Staff selected the top three rated proposers for a final round of interviews. The three top proposers: True North Compliance Services, JAS Pacific, and VCA Code are being recommended to the City Council for professional service agreements totaling $1,200,000 over the five-year period for all three agreements. The purpose of having three different contracts for a multi-year period is to give the department the greatest flexibility in meeting needs of the public when demand may be at a higher level, and it also provides the greatest depth of knowledge and expertise for challenging projects. 28 of 140

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The use of these contractual services to supplement Building and Safety’s inspection and plan check services are only used on an as-needed basis when demand for said services exceeds staff’s ability to complete projects in a reasonable time or to supplement services at times of staffing level changes. Through the strategic use of contractual plan check and inspection services, the Building and Safety Division has been able to provide a high level of service to the development community, even when high plan check and inspection volumes have exceeded staff’s capacity.

STAKEHOLDERS/OUTREACH
The Request for Proposals was issued through the Finance Department’s regular mode of RFP dissemination and posted on the Purchasing Division’s website.

FISCAL IMPACT
These Plan Check & Inspection service contracts with an effective date of July 1, 2023, will cost $240,000 per year, which has been included in the proposed FY 2023-24 budget. Plan check service contracts are budgeted for annually during the regular budget process.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The proposed agreements have no potential to result in any significant environmental impacts and are therefore exempt from environmental review. (CEQA Guidelines Section 15061(b)(3)).

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 2, in accordance with the City Campaign Finance Ordinance No. 5744.

ALTERNATIVES
Alternative 1: Authorize City Manager to enter into three agreements for an overall not to exceed for plan check and inspection services of $1,200,000 over a five-year period.

Alternative 2: Do not approve one or more of the agreements. This will hinder Building & Safety’s ability to process plan checks, permits, and inspections within a timeframe which would be found acceptable by the City Council, staff, or the public.

Alternative 3: Council may consider any option not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Tamar Sadd, Principal Administrative Officer
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Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Exhibit 1. Request for Proposals
Exhibit 2: Campaign Disclosure Forms
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MOTION
Moved by Council Member ____________________________, seconded by Council Member ___________________________, that the City Manager, or designee, is hereby authorized to execute a professional services agreement with JAS Pacific for a five-year term, in an amount not to exceed $400,000, for plan check and inspection services, as outlined in the April 18, 2023, staff report from the Director of Community Development. Said agreement shall be subject to approval as to form by the City Attorney.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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MOTION
Moved by Council Member ____________________________, seconded by Council Member ___________________________, that the City Manager, or designee, is hereby authorized to execute a professional services agreement with VCA Code for a five-year term, in an amount not to exceed $400,000, for plan check and inspection services, as outlined in the April 18, 2023, staff report from the Director of Community Development. Said agreement shall be subject to approval as to form by the City Attorney.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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MOTION
Moved by Council Member ____________________________, seconded by Council Member ___________________________, that the City Manager, or designee, is hereby authorized to execute a professional services agreement with True North Compliance Services for a five-year term, in an amount not to exceed $400,000, for plan check and inspection services, as outlined in the April 18, 2023, staff report from the Director of Community Development. Said agreement shall be subject to approval as to form by the City Attorney.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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City of Glendale Plan Check and Inspection Services RFP

1 City of Glendale

Community Development, Building & Safety

REQUEST FOR PROPOSALS
FOR

PROFESSIONAL SERVICES FOR

PLAN CHECK AND INSPECTION

SERVICES

Issue Date:

February 8, 2023

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2 CONTENTS
I. Introduction ................................................................................................................ Page 4 A. Services Requested ............................................................................................... Page 4 B. Definitions .............................................................................................................. Page 4 C. Term of Services and Contract .............................................................................. Page 5 D. Mandatory Qualifications ....................................................................................... Page 5 E. Insurance Requirements ........................................................................................ Page 6 F. Proposer’s Indemnification of the City .................................................................... Page 6 G. City’s Project Representatives ............................................................................... Page 7 H. About the City of Glendale ..................................................................................... Page 7 II. RFP Process ............................................................................................................... Page 8 A. Schedule of Events ................................................................................................ Page 8 B. RFP Distribution ..................................................................................................... Page 8 C. Optional Proposer Conference ............................................................................... Page 8 D. Proposal Deadline and Proposal Submission ........................................................ Page 9 E. Interim Inquiries and Responses; Interpretation or Correction of RFP ................... Page 9 F. Addenda ................................................................................................................ Page 10 III. General Requirements and Instructions .................................................................. Page 10 A. Examination of Documents .................................................................................... Page 10 B. Proposer’s Representations in the Response ........................................................ Page 11 C. Withdrawal, Cancellation, or Modification of a Proposal ........................................ Page 11 D. Proposal Preparation Expenses ............................................................................. Page 12 IV. Proposal Content and Format ................................................................................... Page 13 A. Using the Attached Proposal Forms ...................................................................... Page 13 B. Identifying Proprietary Information; Public Records Act ......................................... Page 13 C. Proposal Signature(s) ............................................................................................ Page 14 D. Proposal Retention ................................................................................................ Page 14 V. Method of Selection ................................................................................................... Page 14 A. Basis for Award and Evaluation Criteria ................................................................. Page 15 B. Selecting a Contractor ........................................................................................... Page 15 C. City’s Reservation of Rights ................................................................................... Page 16 VI. Award of Contract ...................................................................................................... Page 17 VII. Letter of Objection; Procedures ................................................................................ Page 18 EXHIBIT 1 .......................................................................................................... ― Scope of Services.......................................................................................................

Page 19 ends

EXHIBIT 2 .......................................................................................................... ― Services Time Schedule ................................................................................................

Page 20 ends

EXHIBIT 3 .......................................................................................................... ― Insurance Requirements ............................................................................................

Page 21 ends

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3 EXHIBIT 4 .......................................................................................................... ― Sample Contract .........................................................................................................

Page 27 ends

PROPOSAL FORMS ............................................................................................. PF:1-27

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4 I. Introduction
A. Services Requested
The City of Glendale (City), by and through its Community Development Department (CDD), is soliciting proposals (Proposals) from interested professional services/consulting firms (Proposers) that provide high quality building code plan check and/or inspection services. The Proposers are invited to submit Proposals describing their technical qualifications and experience to perform either of the identified services. The Proposer shall identify their qualifications in building, mechanical, electrical, plumbing, and fire code reviews. The Proposers will be evaluated based on the selection process and evaluation criteria described in this Request for Proposal (RFP). Upon approval by the Building Official, the City will enter into a Professional Services Agreement (PSA) with the qualified and selected Proposer to render the services described herein.

The Contractor will perform the Services according to:
 The Scope of Services, which is attached as Exhibit 1 to this RFP;  The Services Time Schedule, which is attached as Exhibit 2 to this RFP;  The instructions and requirements in this RFP; and
 The proposed Contract.

The City requires a well-managed and financially sound individual or firm with demonstrated skills and technical ability— and high levels of customer service and satisfaction— to perform the Services and fulfill the requirements outlined in this RFP.

A potential Proposer should read this document in its entirety before preparing and submitting a Proposal.

B. Definitions
In this RFP, the following words and phrases have the meaning ascribed to them below:

 Agreement / Contract The entire and integrated written agreement between the City and the Contractor that takes the place of prior negotiations, representations, or agreements, either
written or oral.
 City The City of Glendale. Depending on the context in which it is used, the term City also may refer to:
 The geographic area known as the City of Glendale; or 37 of 140

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5  A person whom the City of Glendale employs or uses
and who is authorized to represent the City of Glendale in matters concerning the Project.
 City Project Manager The City’s designated representative for all issues related to the Project.
 Contractor The selected Proposer(s) to whom the City has awarded a Contract for the Project.
 Project The entire Services described in this RFP. Services may constitute the whole or a part of the Project.
 Proposal The documents and other items that a Proposer submits in response to this RFP.
 Proposer The person, entity, or organization that submits a Proposal in response to this RFP.
 RFP This Request for Proposals and all of its attachments, including documents and other items from the City and
relevant third parties.
 Services The work, labor, tasks, operations, activities, materials, supplies, equipment, deliverables, duties, and obligations:
 Described in this RFP; and
 Required by, and reasonably inferable from, the
Contract— whether completed or partially completed.
 Subcontractor A contractor, supplier, vendor, person, entity, or organization whom Contractor hires, employs, or uses
on Contractor’s behalf to provide, perform, or fulfill a portion of the Services.

C. Term of Services and Contract
The Services described in this RFP and in the proposed Contract are for a period of 5 years, beginning on June 30, 2023 and ending on June 30, 2028.

D. Mandatory Qualifications
To be eligible to perform the Services, a Proposer must meet essential requirements for qualification, which the City will determine from the Proposer’s Qualification Statement. A Proposer must complete the Proper’s Qualification Statement, a form that is contained in the City’s Proposal Forms which accompany this RFP.
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6 The City may reject a Proposal as non-responsive if the Proposal fails to document that Proposer meets the above qualification(s).

E. Insurance
At its expense, the successful Proposer must obtain and maintain insurance, while the Contract is in effect, that fully meets the requirements of— and contains provisions entirely consistent with— all of the City’s “Insurance Requirements,” which are noted in EXHIBIT 3 (“Insurance Requirements”).

Evidence of the insurance coverages will need to be in place before a Contractor starts performing the Services. A Proposer must be prepared to meet all City insurance requirements (at no cost to the City), if the Proposer is awarded a Contract. The City will require certificates of insurance and additional insured endorsements when the successful Proposer submits a signed Contract to the City.

However, before a Proposer submits a Proposal:
 A Proposer must give to its insurance company, or insurance agent, the “Insurance Requirements” in this RFP and the proposed Contract;
 The insurance company’s underwriter or agent then must complete the “Insurance Requirements Affidavit” (at page PF:22 of the attached PROPOSAL FORMS) which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) calendar days after the Proposer’s having been notified of the Contract’s award; and
 The Proposer must submit the “Insurance Requirements Affidavit” with its Proposal.

The City may reject any Proposal made without this affidavit, or made with an incomplete affidavit form.

F. Proposer’s Indemnification of the City
At its expense, a Proposer agrees to indemnify, defend, and hold harmless the City and its officers, agents, employees, and representatives from and against any and all liability, suits, actions, proceedings, judgments, claims, demands, liens, losses, damages, costs, and expenses (including attorneys’ fees, litigation, arbitration, mediation, appeal expenses) if a dispute, lawsuit, or other proceeding arises out of any one or more of the following:
 A Proposer’s submitting the Proposal;
 The City’s accepting a Proposer’s Proposal; or
 The City’s awarding a Contract to a Proposer in compliance with this RFP, or state, federal, or local laws.

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7 G. City’s Project Representatives
The City Project Manager in charge of this Project is:

The executive in charge is Bradley Calvert, Director of Community Development.

H. About the City of Glendale
Glendale is the fourth largest city in Los Angeles County, has a current population of approximately 196,021 people (U.S. Census Update: 2013), and spans approximately 30.6 square miles.

The City incorporated on February 16, 1906, and as a Charter city, Glendale voters determine how the city government is organized and governed. A Council-Manager form of government manages Glendale.

Five council members are elected at large to serve 4-year terms. Each year Council selects one member to serve as Mayor. The City Manager serves as the Chief Executive Officer.

The City’s Mission Statement is:

The City of Glendale delivers exceptional customer service through precision execution and innovative leadership.

As a premier City anchored in pride of civic ownership, Glendale’s success is realized through a community that is safe, prosperous, and rich in cultural offerings. The City accomplishes its mission and realizes its vision by providing emphasis on: fiscal responsibility; exceptional customer service; economic vibrancy; informed & engaged community; safe & healthy community; balanced, quality housing; community services & facilities; infrastructure & mobility; arts & culture; sustainability.

Glendale prides itself on the quality of services it provides to the community. As a full-service City, each of the 14 departments strives to provide the highest quality of service to Glendale residents, businesses, and visitors. These departments include: Administrative Services; City Attorney; City Clerk; Community Development; City Treasurer; Community Services & Parks; Fire; Glendale Water & Power; Human Resources; Information Services; Library, Arts & Culture; Management Services; Police; and Public Works.

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8 II. RFP Process
A. Schedule of Events
The following events will take place in this Project (See further explanations, below):

EVENT RESPONSIBILITY DATE
RFP Distribution City 2/8/23
Optional Proposer Conference City 3/1/23
Last Day to Submit Interim Questions Proposer 3/3/23
RFP Proposals Due Proposer 3/8/23
City Opens Proposals for Completeness City 3/9/23
Panel Reviews Proposals City 3/13/23
Candidate Interviews City 3/20/23 – 3/22/23
Final Candidate Announced City 3/24/23
Last Day to Object to RFP or Evaluation Process Proposer 3/27/23 Contract Award (City Council approval) City 4/18/23
B. RFP Distribution
A prospective Proposer may receive this RFP by mail, e-mail, in person or online at https://www.glendaleca.gov/government/departments/finance/purchasing/rfp-rfq-bid-page . Distribution of the RFP in no way represents the City’s acceptance of a Proposer’s qualifications, reputation, or ability to perform the Services.

C. Optional Proposer Conference
A Proposer Conference will be held on 3/1/23, at 2:00pm, via Microsoft Teams. Email [email protected] for an invitation.

Attendance at this conference is optional.

The purpose of this conference is to ensure that Proposers have adequate information to respond fully and comprehensively to the City’s requirements. During the conference, City staff will discuss with prospective Proposers the Services to be performed and answer questions arising from Proposers’ initial review of this RFP. Before the conference takes place, Proposers should review the RFP thoroughly and should be familiar with its content, as well as the City’s functional and technical requirements.

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9 D. Proposal Deadline and Proposal Submission
The City must receive the Proposal on or before 3/8/23 at 5:00pm. A Proposal received after this date and time will be considered non-responsive and the City will return the Proposal, unopened.

A Proposal must be submitted on the attached Proposal Form package. Oral, telephonic, facsimile, or electronically transmitted (email) Proposals are invalid and the City will not accept or consider them.

A Proposer must submit 3 printed Proposal documents (consisting of 1 original and 2 copies) in a sealed, clearly labeled envelope (or box). A Proposal may be delivered by mail or in person.

The Proposal must be clearly marked “Plan Check Services Proposal” and addressed to:

Tamar Sadd, Principal Administrative Officer
City of Glendale
Community Development Department, Administration Division 633 E. Broadway, Suite 103
Glendale, CA 91206
Telephone: 818-937-8277
Email: [email protected]
E. Interim Inquiries and Responses; Interpretation or Correction of RFP If a Proposer has any question about this RFP, the proposed Contract, or the Scope of Services― or if a Proposer finds any error, inconsistency, or ambiguity in the RFP, or the proposed Contract, or both― the Proposer must make a “Request for Clarification” before submitting its Proposal.

The Proposer must submit a Request for Clarification in writing— by letter or email— to:

The City must receive the Request for Clarification on or before 3/3/23 at 5:00pm.

If necessary, the City will make clarifications, interpretations, corrections, or changes to the RFP, or the proposed Contract, or both, in writing by issuing Addenda, as described in Section IIF (below). A Proposer must not rely upon, and the City is not bound by, purported clarifications, interpretations, 42 of 140

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10 corrections, or changes to the RFP and the proposed Contract, that are made verbally or in a manner other than a written advisory from the City.

F. Addenda
The City will issue Addenda in writing only. The City will make reasonable efforts to deliver Addenda to all Proposers whom the City knows have received the RFP and have provided a street address for receipt of Addenda. The City cannot guarantee that all Proposers will receive all Addenda.

Proposers may also inspect the Addenda at the Community Development Department, Administration Division, 633 E. Broadway, Suite 103, Glendale, California 91206, during its business hours, Monday - Friday 8:00 a.m. – 5:00 p.m. This RFP is also on file there.

At any time before the “Proposal Deadline” (Section IID of this RFP), the City may issue Addenda withdrawing the RFP or postponing the Proposal Deadline. However, if any Addenda results in a material change to this RFP, or the proposed Contract, or both, the City will extend the Proposal Deadline by not less than seventy-two (72) hours.

The City will treat transmittal of Addenda to potential Proposers by U.S. mail, fax, or e-mail as sufficient notice of the changes made by the City.

III. General Requirements and Instructions
A. Examination of Documents
Before submitting an RFP Response, a Proposer must:
 Thoroughly examine the RFP. A thorough review of this RFP is critical to obtaining an in-depth understanding of the requirements of this RFP.
 Make all necessary investigations (including the location of the Services), examine documents, and understand the Scope of Services (EXHIBIT 1), and the Services Time Schedule (EXHIBIT 2).
 Be able to furnish the City with valid:
 Insurance forms (including insurance certificates and additional insured endorsements) in compliance with the Insurance Requirements described in EXHIBIT 3.

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11 B. Proposer’s Representations in the Response
By submitting a Proposal, a Proposer represents that:
 The RFP is sufficient in scope and detail to indicate and convey reasonable understanding of all requirements, terms, and conditions for performance of the Services required in this Project;
 The Proposer has exercised all necessary due diligence in making investigations and inquiries, examining documents, and inspecting City sites and facilities for this Project;  The Proposer is fully familiar with— and has fully considered— all facts, conditions, circumstances, and matters that may affect, in any way, the Proposer’s services or costs;  The Proposal is an irrevocable offer for a period of at least ninety (90) calendar days following the City’s opening of all Proposals; and
 The Proposer is, and will be, in compliance with the RFP’s requirements, terms, and conditions.

C. Withdrawal, Cancellation, or Modification of a Proposal Before the Proposal Deadline:

A Proposer may withdraw and then modify a Proposal, by giving written notice, signed by the Proposer. A withdrawal request must be addressed as follows and delivered to:

City of Glendale
Community Development, Administration Division
Attention: Tamar Sadd
633 E. Broadway, Suite 103
Glendale, CA 91206

For a withdrawal to become effective, the City must receive the Proposer’s written request for withdrawal before the Proposal Deadline. The City will not accept or consider a Proposer’s verbal, telephonic, facsimile, or email request for modification or withdrawal of a Proposal.

If a Proposer withdraws its Proposal, the withdrawal will not prejudice the Proposer’s right to submit a new Proposal, if the new Proposal is submitted: (a) in accordance with the RFP’s requirements, and (b) before the Proposal Deadline.

After the Proposal Deadline:

A Proposer must not withdraw, cancel, or modify its Proposal for a period of at least ninety (90) calendar days following the Proposals’ opening on 3/9/23 subject to the exception described in the next paragraph below. The City may extend the 90-day period upon the City’s written request and upon the affected Proposers’ written approval.

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12 The City may allow a Proposer to withdraw or cancel a Proposal after the opening of the Proposals, if the Proposer establishes, to the City’s satisfaction, that all of the following circumstances exist:

1. The Proposer made a mistake in its Proposal;

2. Within five (5) days after the Proposal’s opening, the City receives from the Proposer written notice of the mistake and the notice specifies in detail how the mistake occurred;

3. The mistake made the Proposal materially different from what the Proposer had intended it to be; and

4. The mistake was made in filling out the Proposal and was not due to error in judgment, or carelessness in reading the RFP or the proposed Contract.

D. Proposal Preparation Expenses
Expenses for developing the RFP response are entirely the responsibility of the Proposer and are not chargeable to the City in any manner. The City is not liable for any pre-contractual expenses, which are defined as expenses incurred by the Proposer in:
 Preparing its Proposal in response to this RFP.
 Negotiating with the City any matter related to the Proposal.  Any other expense incurred by the Proposer before the date of award of the Contract for this RFP.

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13 IV. Proposal Content and Format
A. Using the Attached Proposal Forms
“Proposal Forms” (PF:1 to PF: 27) are attached to this RFP. A Proposer must submit its Proposal only on those forms. With its Proposal, the Proposer must submit various attachments that are further described in the Proposal Forms.

The Proposer must fill in the blanks on the Proposal Forms, using a software forms filler or printing legibly in ink. When answering the Proposal Forms’ questions, the Proposer must furnish pertinent and relevant information rather than merely provide promotional facts or materials. The Proposer must respond to the Proposal Forms’ questions with all applicable information, in order for the City to consider the Proposal as “responsive.”

If a Proposer fails to provide the information that the forms require, fails to return all of the forms, or fails to submit the required attachments, the City may treat the Proposal as “non- responsive.”

The Proposer must place initials next to all interlineations, alterations, and erasures on the Proposal Forms.

The Proposer must not modify or qualify the Proposal Forms in any manner. Unauthorized conditions, exemptions, limitations, or provisions attached to a Proposal will render it informal and may cause its rejection.

B. Identifying Proprietary Information; Public Records Act A Proposer must identify and list all copyrighted material, trade secrets, or other proprietary information (“protectable documents”) that the Proposer included in its Proposal which the Proposer believes should be exempt from disclosure under California’s Public Records Act, Government Code Section 6250, et seq.

By listing the documents, the Proposer agrees to indemnify, defend, and hold harmless the City and its officers, agents, employees, and representatives from and against any action, claim, lawsuit, or proceeding, including costs and expenses, arising out of or connected with the City’s refusal to disclose the protectable documents to any party making a request for those items.

The City will treat any Proposer, who fails to identify documents that the Proposer believes should be exempt from disclosure, as having waived its right to an exemption from disclosure, as the Public Records Act provides.

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14 C. Signature(s)
The person or persons legally authorized to bind the Proposer to the RFP must sign the Proposal in ink. The individuals signing the Proposal must represent that they are authorized to bind the Proposer’s legal entity.
 A corporation must execute the Proposal by its duly authorized officer(s) in accordance with its corporate bylaws.
 A partnership must execute the Proposal by all of its partners. After each signature, each partner must list a residential address or the firm’s address, either of which must include the state, zip code, and telephone number.
 If the Proposer is a joint venture consisting of a combination of any of the above entities, each entity in the joint venture must sign the Proposal.
 An individual signing a Proposal as an agent of another or others must attach to the Proposal evidence of that person’s legal authority to sign on behalf of another or others.

D. Proposal Retention
All Proposals and other material submitted become the property of the City and may be returned only at the City’s option. The City reserves the right to use any ideas presented in any response to the RFP. Selection or rejection of the Proposal does not affect this right.

V. Method of Selection
All Proposals received on time will be opened, in a non-public setting, on 3/9/23. Proposals will first be reviewed to ensure compliance with the terms of this RFP. Non-compliant or non-responsive Proposals may be rejected. The City will then evaluate the Proposals in accordance with the criteria listed below.

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15 A. Basis for Award and Evaluation Criteria
A Proposer’s submission will be evaluated and scored on the criteria listed below. Each criterion has a maximum allowable percentage.

EVALUATION CRITERIA

PERCENTAGE
SCORE
 Qualifications, Capabilities & Experience 45%
A PROPOSER must provide documentation demonstrating their qualifications in building, mechanical, electrical, plumbing, and fire code reviews.
 Cost and Budget Control 20%
A PROPOSER must provide documentation demonstrating
the ability to complete projects within cost and budget.  Technical Approach and Methodology 15%
A PROPOSER must demonstrate technical approach and
commitment to complete work according to guidelines.
• References Related to Experience
A PROPOSER must demonstrate ability and commitment to
complete work on schedule and according to guidelines.
10%
 Overall Proposal Quality & Responsiveness 10%
A Proposal will be evaluated on the PROPOSER’S overall
responsiveness to the requests of this RFP.

TOTAL 100%

The City may investigate the qualifications of a Proposer under consideration, require confirmation of information furnished by the Proposer, and call upon the Proposer to provide additional information or evidence of the Proposer’s qualifications for the Services described in this RFP.

B. S electing a Proposer
A panel comprised of City representatives selected by the Director of Community Development Department will evaluate each RFP submission, will select up to three (3) finalists for possible interviews, and will submit recommendations to the Director. Upon interviewing the finalists, a recommendation will be provided to the City Council for award of contract.

The City Council must approve an award of a Contract to the successful Proposer and no rights or obligations begin under an award until the approval is secured and all parties have duly signed a Contract.

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16 C. City’s Reservation of Rights

This RFP and the proposal evaluation process do not:
 Obligate the City to accept or select any Proposal; or  Constitute an agreement by the City that it will actually enter into a Contract with any Proposer.

When it best serves the City’s interests, the City may do any one or more of the following:
 Reject any Proposal or all Proposals at its sole discretion.  Extend the deadline for accepting Proposals.
 Accelerate the pace of the RFP process if only one or a handful of Proposals is received.  Waive any or all information, defects, irregularities, or informalities in a Proposal.  Accept amendments to Proposals after the Proposal Deadline.  Revise, change, or amend the RFP’s evaluation or selection criteria before the Proposal Deadline.
 Cancel, withdraw, revise, change, amend, or negotiate the terms of this RFP, the proposed Contract, or both.
 Reissue a Request for Proposals.
 Conduct one or more oral interviews.
 Visit a Proposer’s business or facilities.
 Examine financial records of a Proposer to the extent necessary to ensure financial stability.  Make a partial award.
 Negotiate with one or more Proposers.
 Award a Contract to one or more Proposers.
 Require a best and final offer from one or more Proposers.  Provide or perform the Services using a City officer or employee, or contract directly— without an RFP or bids— for the Services.

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17 VI. Award of Contract
Within ninety (90) calendar days after the City opens all Proposals, if the City Council selects a Proposal, the City will give the selected Proposer a “Notice of Intent to Award Contract” that will specify the “start date” for performing the Services.

Once selected, the successful Proposer must enter into a written Agreement with the City within fourteen (14) calendar days following the Proposer’s receiving the City’s “Notice of Intent to Award Contract” or within any extension that the City may allow. The RFP, or any part of it, and the Proposer’s responses, will be incorporated into and made a part of the Contract. A copy of the proposed Contract is provided as EXHIBIT 4.

Before any services can commence, the selected Proposer must execute the Contract, which is a standard form of agreement. To facilitate the Project’s smooth and timely implementation, a Proposer responding to this RFP must review all terms and conditions of the Contract, including, but not limited to, provisions relating to insurance, indemnity, and termination.

The City’s policy is that the Contract be accepted as is. By submitting a Proposal to the City in response to this RFP, a Proposer is deemed to have provided its approval to the Contract, accepting it without qualification. If a Proposer seeks limited modification of the Contract, then in the Proposal a Proposer must identify the proposed changes.

However, changes or qualifications to the Contract may be weighed in the evaluation of the Proposal and may cause rejection of the Proposal as non-responsive, in the City’s determination.

The City reserves the right to negotiate further the terms and conditions of the Contract. The Proposer whom the City Council selects must cooperate with the City in good faith to negotiate, sign, and deliver the final Contract. The City will draft the Contract and may require the selected Proposer to attend one or more Contract negotiation conferences to discuss possible:
 Revisions to the Contract’s service-related terms, conditions, requirements (other than the insurance and the indemnity provisions), specifications, or minimum performance standards; and
 Additions to the Contract, by the parties’ mutual agreement, or as a City Ordinance or Resolution, the City’s Charter or Municipal Code, or any other law may require.

At any time and for any reason, if Contract negotiations with the selected Proposer fail to progress, to the City’s reasonable satisfaction, the City reserves the right to not only end negotiations with the selected Proposer, but also cancel the award and reject the Proposal. At its discretion, the City may then: reopen the proposal process; choose from among the remaining, if any, qualified proposers; reissue the RFP; negotiate directly with any firm for the Services; or choose not to contract for the Services.

The selected Proposer must submit to the City all of the following items:
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18  Three (3) originals of the Contract, properly signed by the Proposer.  Insurance certificates and additional insured endorsements that fully conform to the Contract’s requirements.

After the City receives the signed Contracts and insurance documents, the City Attorney’s office will review the Contract. Additionally, the City Attorney’s office or the City’s Risk and Insurance Services Manager will review the required insurance. If the selected Proposer has not changed any terms of the Contract, and if the insurance and the bond(s) conform to the Contract’s requirements, the City will sign the Contract and return an original of the Contract to the Proposer.

VII. Letter of Objection; Procedures
A Proposer, who believes that any part of this RFP is discriminatory against the Proposer or precludes the Proposer from being given reasonable consideration in the procurement process, must submit an objection in writing— by letter only— to the City. The City will not consider any verbal objection. The Letter of Objection must clearly state:
 The specific objections;
 The areas of concern;
 The facts supporting the objections; and
 A proposed method for resolving the objections.

The Proposer, or the person who is duly authorized to represent the Proposer, must sign the correspondence.

The Proposer must deliver or mail the Letter of Objection to:

City of Glendale
Community Development, Administration Division
Attention: Tamar Sadd
633 E. Broadway, Suite 103
Glendale, CA 91206

The City must receive the Letter of Objection on or before 3/27/23 at 5:00pm

Upon the City’s timely receipt of the objection letter, the City will review the Proposer’s contention(s).

If the City decides that the RFP― whether in whole or in part― needs revision, the City will prepare Addenda, as described in Section IIF of this RFP.

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19 EXHIBIT 1 – Scope of Services

The City of Glendale is now selecting firms that can provide complete building and trade plan check, including fire code compliance as well as complete trade and specialty inspection services. These plan check and inspection services will include accessibility and energy code adherence as well. All services will be performed under the authority of the City's Building Official and/or the Senior Staff of the Building & Safety Division.

Additionally, the Proposers are expected to demonstrate excellent abilities to communicate with staff on both technical and coordination issues related to individual tasks performed.

Other inspection activities, including but not limited to zoning compliance, grading compliance, and Fire Prevention Bureau review, will continue to be performed by City staff.

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20 EXHIBIT 2 – Services Time Schedule

City of Glendale has a current need to supplement a portion of its plan check and field inspections as requested by customers. The Building & Safety Division currently expends approximately $300,000 per year in contractual services among various vendors for these services. These contracts are set to expire on 6/30/23 and new contracts will be executed on 6/30/23 to ensure that the Division's high service levels are not interrupted.

The proposed contracts serve to maintain current service levels and provide support when unforeseen occurrences from staff arise. These plan/inspection types include plumbing, mechanical, electrical and combination types. As mandated by the State of California, the City of Glendale utilizes the adopted California Building Code with local amendments. Proposers shall be familiar with the City's local amendments, which may be reviewed by clicking on the following link:

https://www.glendaleca.gov/government/departments/community-development/building-safety/building-codes

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21 EXHIBIT 3 – Insurance Requirements

“WORKERS’ COMPENSATION” INSURANCE

1.1 At its own expense, CONTRACTOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors 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.

1.2 CONTRACTOR 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.

1.3 CITY shall not be liable to CONTRACTOR’s personnel, or anyone CONTRACTOR directly or indirectly employs or uses, for a claim at law or in equity arising out of CONTRACTOR’s failure to comply with this Agreement’s workers’ compensation insurance requirements.

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22 “COMMERCIAL GENERAL LIABILITY” OR “BUSINESSOWNERS LIABILITY” INSURANCE

1.1 At its own expense, CONTRACTOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— a “Commercial General Liability” or a “Businessowners Liability” insurance policy on an occurrence basis to fully protect CONTRACTOR 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.

1.2 Coverage afforded to CITY AND ITS REPRESENTATIVES must be at least as broad as that afforded to CONTRACTOR. If CONTRACTOR 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) TWO MILLION DOLLARS ($2,000,000) 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) TWO MILLION DOLLARS ($2,000,000) 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) TWO MILLION DOLLARS ($2,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for property damage; and
(D) FOUR MILLION DOLLARS ($4,000,000) general aggregate limit, or the full aggregate limits of the policy― whichever limit is greater.

1.3 The 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.

1.4 CONTRACTOR 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.

1.5 The “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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23 “BUSINESS AUTOMOBILE” LIABILITY INSURANCE

1.1 At its own expense, CONTRACTOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— a “Business Automobile” insurance policy on an occurrence basis to fully protect CONTRACTOR 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.

1.2 The 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”).

1.3 The liability insurance must include all major divisions of coverage and must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned.

1.5 The “certificate of insurance” and an “additional insured endorsement” must state:

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24 GENERAL REQUIREMENTS

1.1 At 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.

1.2 If the Agreement requires any of the foregoing insurance coverages to remain in force after the Final Payment, and if they are reasonably available, CONTRACTOR shall submit to CITY— with the final Application for Payment— all certificates and additional insured endorsements evidencing the coverages’ continuation.

1.3 A 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.

1.4 Despite any conflicting or contrary provision in CONTRACTOR’s insurance policy:
(A) If CONTRACTOR’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) CONTRACTOR’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 CONTRACTOR’s insurance; (D) CITY’s insurance, or self-insurance, or both, will not contribute with CONTRACTOR’s insurance policy; (E) CONTRACTOR and CONTRACTOR’s insurance company waive— and shall not exercise— any right of recovery or subrogation that CONTRACTOR or the insurer may have against CITY, or its representatives, or both;
(F) CONTRACTOR’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, except that the naming of multiple insureds will not increase an insurance company’s limits of liability; 57 of 140

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25 (G) CONTRACTOR’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 CONTRACTOR’s policy.

1.5 At 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 CONTRACTOR:
(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 CONTRACTOR 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 CONTRACTOR 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.

1.6 CONTRACTOR 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 CONTRACTOR must maintain after the Final Payment.

1.7 CONTRACTOR’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.

1.8 CONTRACTOR 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, CONTRACTOR shall deliver to CITY evidence of the required coverage as proof that CONTRACTOR’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.

1.9 At any time, upon CITY’s request, CONTRACTOR 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 CONTRACTOR’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager.

1.10 If CONTRACTOR hires, employs, or uses a Subcontractor to perform work, services, operations, or activities on CONTRACTOR’s behalf, CONTRACTOR shall ensure that the Subcontractor:
(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
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26 (C) Furnishes CITY, at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for CITY’s review, or approval, or both.

1.11 CONTRACTOR’s failure to comply with an insurance provision in this Agreement constitutes a breach upon which CITY may immediately terminate or suspend CONTRACTOR’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, CONTRACTOR 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 CONTRACTOR.

CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS

1.1 CONTRACTOR shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents, unless an exception below applies. When CONTRACTOR signs and delivers the Agreement to CITY, CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self- insure” from the State of California; or
If CONTRACTOR 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 CONTRACTOR’s Professional Liability insurance policy, including all forms and endorsements attached to it.

1.2 CITY 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 CONTRACTOR 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.

INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION

2.1 The Agreement’s insurance provisions:
(A) Are separate and independent from the indemnification and defense provisions in the Agreement; and (B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in the Agreement.
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27 EXHIBIT 4 – Sample Contract

The proposed Contract is set forth below. THIS IS A DRAFT VERSION OF THE CONTRACT.

The City reserves the right to revise this proposed Contract, including its service-related terms, conditions, requirements, specifications, or minimum performance standards. THE FINAL VERSION MAY CONTAIN NEW OR DIFFENENT TERMS.

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GLENDALE
AND
____________________

THIS AGREEMENT (“Agreement”), effective ________________, 20___ (“Effective Date”), is between the City of Glendale (“CITY”), a municipal corporation, and ____________________ (“CONSULTANT”), a [(Name of State) corporation/ partnership/ limited partnership/ limited liability company/ a sole proprietor/ an individual] (collectively, “PARTIES” or individually, “PARTY”).

RECITALS

A. CITY is a public entity organized and existing under its Charter and the State of California’s Constitution.

B. CONSULTANT represents that CONSULTANT is, and will continue to be for this Agreement’s duration, a [(Name of State) corporation in good standing/ partnership/ limited partnership/ limited liability company/ a sole proprietorship/ an individual.] [NOTE: staff must verify corporate status/ partnership/ LLC and Consultant’s license, if any, and obtain proof.] [ADD, IF APPLICABLE: (which) (who) employs persons who are duly registered or licensed to practice in the State of California.]

C. CONSULTANT possesses the competence, experience, expertise, skill, facilities, equipment, personnel, financial wherewithal, and other resources necessary to perform this Agreement’s tasks in a professional and competent manner.

D. CONSULTANT desires to furnish and perform professional services for CITY, on the terms and conditions described in this Agreement. CONSULTANT has the legal authority to provide, engage in, and carry out the professional services set forth in this Agreement.

AGREEMENT

THEREFORE, CITY engages CONSULTANT’s services, and in consideration of the PARTIES’ mutual promises, the PARTIES agree as follows:

1.0 INCORPORATION OF RECITALS

1.1. The Recitals constitute the factual basis upon which CITY and CONSULTANT have entered into this Agreement.

CITY and CONSULTANT acknowledge the Recitals’ accuracy and, therefore, incorporate them into this Agreement.

2.0 TERM

[Select one of the following alternatives:]
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28 2.1. [OPTION 1] This Agreement begins on the Effective Date, and continues in effect until completion of the work described in Article 3, unless this Agreement ends sooner according to the terms elsewhere in this document.

2.1. [OPTION 2] This Agreement’s Term is [ # ] [months/ years], beginning on [DATE] and ending on [DATE] , unless this Agreement ends sooner according to the terms elsewhere in this document.

3.0 SERVICES

3.1. Scope of Work. CONSULTANT shall [specify services to be provided] (“the Services”) in accordance with the Scope of Work [ADD, IF APPLICABLE: and Fee Schedule], which is attached as “Exhibit A” to this Agreement and is incorporated into it by this reference. [NOTE: “Exhibit A” must set forth in detail the nature and extent of services that professional person or firm will render. Scope of Work should identify specific tasks, list and describe any deliverables, and specify procedures/ criteria for acceptance.]

3.2. Written Authorization.

(A) CONSULTANT 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 CONSULTANT provides additional services or materials without written authorization, or if CONSULTANT exceeds the Maximum Cost in Paragraph 7.4 of this Agreement, CONSULTANT proceeds at CONSULTANT’s own risk and without payment.

(B) CITY will authorize CONSULTANT to proceed with discrete tasks by issuing written Task Orders. Receipt of a written Task Order, signed by CITY’s Project Manager, is a prerequisite for CONSULTANT to proceed with each task. [ADD, IF APPLICABLE: Each Task Order will specify a not-to-exceed price and a schedule for completion of the task. CONSULTANT shall not exceed the not-to-exceed price in each Task Order.] In performing each phase or task, CONSULTANT shall not exceed the Maximum Cost in Paragraph 7.4 of this Agreement. Issuance of a Task Order neither authorizes CONSULTANT to incur expenditures in excess of the Maximum Cost, nor relieves CONSULTANT from its responsibility for completing all of the Services within the Maximum Cost.

3.3. Professional Standard of Care. During this Agreement’s Term:

(A) CONSULTANT and its Subconsultants, subcontractors, employees, and agents (collectively, “CONSULTANT 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.

(B) CONSULTANT 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 CONSULTANT PARTIES’ profession currently practicing in California. By delivering the completed work, CONSULTANT 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.

(C) CONSULTANT 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; seismic, geologic, soils, hydrologic, geographic, climatic conditions; applicable (federal, state, county, local, CITY) laws, rules, regulations, orders, and 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.

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29 (D) When the Scope of Work requires or permits CITY’s review, approval, conditional approval, or disapproval, CONSULTANT acknowledges that CITY’s review, approval, conditional approval, or disapproval:

(1) Is solely for the purposes of administering this Agreement and determining whether CONSULTANT 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 CONSULTANT’s work product;

(3) Does not relieve CONSULTANT of the responsibility for complying with the standard of performance or professional care; or laws, regulations, or industry standards; and

(4) Does not relieve CONSULTANT from liability for damages arising out of CONSULTANT’s:
negligent acts, errors, or omissions; recklessness; willful misconduct; or noncompliance with industry standards.

(E) Without additional compensation to CONSULTANT and at no cost to CITY, CONSULTANT shall correct or revise all errors, mistakes, or deficiencies in its work product, studies, reports, designs, drawings, specifications, or other services.

4.0 TIME FOR PERFORMANCE

[Select one of the following alternatives:]

4.1. [OPTION 1] CONSULTANT shall complete all of the Services by [DATE ] .

4.1. [OPTION 2] CONSULTANT shall perform the Services according to the Project Time Schedule, which is attached as “Exhibit B” to this Agreement and is incorporated into it by this reference. CONSULTANT shall complete all of the Services by [DATE ] .

4.2. If the Project Time Schedule calls for performance of the Services in phases or discrete increments, CONSULTANT shall not proceed from one phase or increment to the next without written authorization from CITY’s Project Manager.

4.3. Force Majeure. If an event or condition constituting a “force majeure”— including, but not limited to, an act of God, labor dispute, civil unrest, epidemic, or natural disaster— prevents or delays a PARTY from performing or fulfilling an obligation under this Agreement, the PARTY is not in Default, under Paragraph 13.1 of this Agreement, of the obligation. A delay beyond a PARTY’s control automatically extends the time, in an amount equal to the period of the delay, for the PARTY to perform the obligation under this Agreement. The PARTIES shall prepare and sign an appropriate document acknowledging any extension of time under this Paragraph.

5.0 PERSONNEL

5.1. Project Management. Each PARTY shall appoint a Project Manager. The Project Managers shall meet [SET FORTH SPECIFIC TIMES: hourly/ daily/ weekly/ as needed] to coordinate, review, and ensure CONSULTANT’s performance under this Agreement. CITY’s Project Manager will oversee the administration of CONSULTANT’s tasks under this Agreement.

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30 5.2. Key Personnel. CONSULTANT’s project team shall work under the direction of the following key personnel [IDENTIFY CONSULTANT’s KEY PERSONNEL AND TITLE]. [OR STATE: CONSULTANT shall employ the key personnel identified in “Exhibit A.”] CONSULTANT shall minimize changes to its key personnel. CITY may request key personnel changes, and CITY may review and approve key personnel changes proposed by CONSULTANT. CITY will not unreasonably withhold approval of key personnel assignments and changes.

5.3. Use of Agents or Assistants. With CITY’s prior written approval, CONSULTANT may employ, engage, or retain the services of persons or entities (“Subconsultants”) that CONSULTANT may deem proper to aid or assist in the proper performance of CONSULTANT’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. CONSULTANT 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 CONSULTANT. Nothing in this Agreement constitutes or creates a contractual relationship between CITY and anyone other than CONSULTANT.

5.4. Independent Contractor.

(A) CONSULTANT understands and acknowledges that CONSULTANT 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, CONSULTANT is responsible for providing compensation; employment benefits; disability, unemployment, and other insurance; workers’ compensation; training; permits and licenses; and office space for CONSULTANT and for CONSULTANT’s employees and Subconsultants. CONSULTANT has, and shall retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons whom CONSULTANT uses in performing the Services under this Agreement. CONSULTANT shall provide the Services in CONSULTANT’s own manner and method, except as this Agreement specifies. CONSULTANT shall treat a provision in this Agreement that may appear either to give CITY the right to direct CONSULTANT as to the details of doing the work, or to exercise a measure of control over the work, as giving CONSULTANT direction only as to the work’s end result.

(B) CONSULTANT shall indemnify, defend (including CONSULTANT’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 CONSULTANT, an employee of CONSULTANT, or any employee of CONSULTANT construed to be an employee of CITY, for the work done under this Agreement.

5.5. Non-Discrimination in Employment. CONSULTANT 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. CONSULTANT represents and certifies that the work product, studies, reports, designs, drawings, and specifications that CONSULTANT 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 CONSULTANT possibly may be subject to prevailing wages under California Labor Code Sections 1770-1781. CONSULTANT’s sole responsibility is to comply with those requirements, should they apply. If a dispute based upon the prevailing wage laws occurs, CONSULTANT, at its expense, shall indemnify, defend (including CONSULTANT’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 prevailing wage laws.
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31 5.8. Workers’ Compensation. CONSULTANT understands and acknowledges that all persons furnishing services to CITY under this Agreement are, for the purpose of workers’ compensation liability, employees solely of CONSULTANT and not of CITY. In performing the Services or the work under this Agreement, CONSULTANT is liable for providing workers’ compensation benefits to CONSULTANT’s employees, or anyone whom CONSULTANT directly or indirectly hires, employs, or uses. CITY is not responsible for any claims at law or in equity caused by CONSULTANT’s failure to comply with this Paragraph.

6.0 FACILITIES

6.1. CONSULTANT shall provide all facilities necessary to fully perform and complete the Services. If CONSULTANT needs to use a CITY facility, CONSULTANT shall meet and confer with CITY before CONSULTANT begins the work that this Agreement requires, the PARTIES shall agree to any costs chargeable to CONSULTANT, and in an amendment to this Agreement, the PARTIES shall describe the facility’s terms of use and its charges.

6.2. CONSULTANT shall pay for any damage to CITY property, facilities, structures, or streets arising out of CONSULTANT’s use, occupation, operation, or activities in, upon, under, or over any portion of them.

7.0 PAYMENT

7.1. CITY’s payment to CONSULTANT will be based upon CONSULTANT’s Fee Schedule, which is attached as “Exhibit C” to this Agreement and is incorporated into it by this reference. [NOTE: “Exhibit C” must include a breakdown of the not-to-exceed amount, including hourly rates for project staff, any overtime rates, a list and the rate for any reimbursable expenses, or a statement that costs are included in the hourly rate, and an explanation of any mark-ups.] Except as itemized in the Fee Schedule, CONSULTANT shall pay for all expenses, including reimbursable or out-of-pocket expenses, that CONSULTANT incurs in performing the Services. The Fee Schedule will remain in effect for the Agreement’s Term.

[Select one of the following provisions:]

7.2. Fee. [OPTION 1] CITY shall pay for the Services in a lump sum, which is not to exceed _______ dollars ($_________), upon CONSULTANT’s satisfactory completion of the Services and CONSULTANT’s delivery of the work product.

7.2. Fee. [OPTION 2] CITY shall pay for the Services that CONSULTANT performs in accordance with this Agreement at the hourly rate(s) specified in “Exhibit C,” the TOTAL amount of which is not to exceed _______ dollars ($_________).

7.2. Fee. [OPTION 3] CITY shall pay for the Services in [IF PAYMENTS ARE IN INTERVALS, SPECIFY A PERIOD (e.g., monthly/ quarterly) OR SPECIFY A QUANTITY (e.g., two/ three/ five)] installments, the TOTAL amount of which is not to exceed _______ dollars ($_________). Each installment will be payable upon satisfactory completion, in CITY’s determination, of the work in each phase identified below, and in an amount proportionate to the work CONSULTANT performed or completed within each phase:

Phase: Description: Amount:

I – [Example: Construction Documents] $_________ II – [Example: Bid Documents $_________
III – [Example: Construction Support] $_________ IV – [Example: Project ‘s Closeout] $_________
TOTAL $_________

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32 7.3. If CITY requires additional work not included in this Agreement, CONSULTANT and CITY shall negotiate the additional work, mutually agree on the amount of additional compensation, and memorialize the terms in either a separate written contract or an amendment to this Agreement.

7.4. Maximum Cost. CONSULTANT expressly acknowledges that the total cost to complete all tasks set forth in “Exhibit A” must not exceed ___________________________________ dollars ($__________) (“Maximum Cost”). When CONSULTANT has billed 75% of the Maximum Cost, CONSULTANT shall provide written notice to CITY’s Project Manager that CONSULTANT has expended 75% of the Maximum Cost.

7.5. Taxes. CONSULTANT 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 upon this Agreement or upon CONSULTANT’s services under this Agreement.

7.6. Invoices. CONSULTANT shall submit an original, itemized invoice to CITY for approval, before receiving compensation. CONSULTANT shall submit the invoice at no more than monthly intervals. All invoices must include a summary of total costs, description of the Services performed, a brief itemization of costs associated with each task or phase, and the total phase or project costs to date.

8.0 AUDIT BY CITY

8.1. During this Agreement’s Term and for a period of four (4) years after the expiration, cancellation, or termination of this Agreement, or any extension of it, CONSULTANT shall:

(A) Keep and maintain, in their original form, all records, books, papers, or documents related to CONSULTANT’s performance of this Agreement; and

(B) Permit CITY or its authorized representatives, at all reasonable times, to have access to, examine, audit, excerpt, copy, photocopy, photograph, or transcribe all records, books, papers, or documents related to CONSULTANT’s performance of this Agreement including, but not limited to: direct and indirect charges, and detailed documentation, for work CONSULTANT has performed or will perform under this Agreement.

9.0 DATA, RECORDS, PROPRIETARY RIGHTS

9.1. Copies of Data. CONSULTANT shall provide CITY with copies or originals of all data that CONSULTANT generates, uses, collects, or stores in relation to all work associated with this Agreement. Data that CONSULTANT generates, uses, collects, stores, or provides must be in a form acceptable to, and agreed upon by, CITY.

9.2. Ownership and Use.

(A) Unless CITY states otherwise in writing, each document— including, but not limited to, each report, draft, record, drawing, or specification (collectively, “work product”)— that CONSULTANT prepares, reproduces, or causes its preparation or reproduction for this Agreement is CITY’s exclusive property.

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33 (B) CONSULTANT acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work. CONSULTANT makes no representation of the work product’s application to, or suitability for use in, circumstances not contemplated by the Scope of Work.

9.3. Intellectual Property.

(A) If CONSULTANT uses or incorporates patented, trademarked, or copyrighted work, ideas, or products— in whole or in part— into CONSULTANT’s work product, CONSULTANT represents that:

(1) CONSULTANT holds the patent, trademark, or copyright to the work, idea, or product; or

(2) CONSULTANT is licensed to use the patented, trademarked, or copyrighted work, idea, or product.

(B) Unless CITY states otherwise in writing, all proprietary rights or intellectual property rights, including copyrights, that arise from creation of the work under this Agreement vest in CITY. CONSULTANT waives and relinquishes all claims to proprietary rights and intellectual property rights, including copyrights, in favor of CITY.

(C) CONSULTANT shall indemnify, defend (including CONSULTANT’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, royalties, fines, penalties, costs, or expenses arising out of or alleging any infringement or misappropriation of a patent, copyright, trade secret, trade name, trademark, or other intellectual property right or proprietary right.

9.4. Confidentiality. CONSULTANT shall not use any information that it obtains from performing the Services for any purpose other than for fulfillment of CONSULTANT’s Scope of Work. Without CITY’s prior written authorization, CONSULTANT 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 CONSULTANT or to which CONSULTANT has access.

9.5. Public Records Act.

(A) CONSULTANT 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 Sections 6250 et seq.), including its exemptions. CONSULTANT acknowledges that CITY has no obligation to notify CONSULTANT when a request for records is received.

(B) CONSULTANT shall identify in advance all records, or portions of them, that CONSULTANT believes are exempt from production under the Public Records Act.

(1) CONSULTANT 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.

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34 (D) If CONSULTANT 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 CONSULTANT, CITY may produce the records— in whole, in part, or redacted— or may decline to produce them.

(E) CONSULTANT shall indemnify, defend (including CONSULTANT’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 CONSULTANT identifies as protectable, or asserts is protectable.

10.0 CONFLICT OF INTEREST; CAMPAIGN CONTRIBUTIONS

10.1. Conflict of Interest. CONSULTANT represents and certifies that:

(A) CONSULTANT’s personnel are not currently officers, agents, employees, representatives, or elected officials of CITY;

(B) CONSULTANT 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, CONSULTANT will inform CITY about any possible conflict of interest that may arise as a result of any change in circumstances.

10.2. Campaign Contributions.

(A) CONSULTANT and its Subconsultants shall fully comply with Glendale Municipal Code Section 1.10.060, which places limitations on CONSULTANT’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.

(B) CONSULTANT acknowledges that even if the Maximum Cost in Paragraph 7.4 of this Agreement is less than $50,000, CONSULTANT still may be subject to the campaign contribution limitations in Municipal Code Section 1.10.060, when:

(1) CONSULTANT 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 CONSULTANT another contract which has a total anticipated or actual value of $50,000 or more, or awards CONSULTANT a combination or series of contracts which have a value of $50,000 or more. 67 of 140

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35 (C) CONSULTANT represents and certifies that:

(1) CONSULTANT has read and fully understands the provisions of Municipal Code Section 1.10.060;

(2) CONSULTANT will not: (a) make a prohibited campaign contribution to an individual holding CITY elective office; or (b) otherwise violate Municipal Code Section 1.10.060; and

(3) CONSULTANT shall timely complete, return, and update one or more disclosure or reporting forms that CITY provides.

11.0 INSURANCE

11.1. When CONSULTANT signs and delivers this Agreement to CITY, and during this Agreement’s Term, CONSULTANT 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 D” (D-1 to D-___) to this Agreement and are incorporated into it by this reference.

11.2. This Agreement’s insurance provisions:

(A) Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and

(B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement.

12.0 INDEMNITY

12.1. To the maximum extent permitted by law— including, but not limited to, California Civil Code Section 2778— CONSULTANT, its employees, agents, Subconsultants, and persons whom CONSULTANT employs or hires (individually and collectively, “CONSULTANT 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 relate to an act, error, or omission of a CONSULTANT 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;

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36 (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.

12.2. Under this Article, CONSULTANT INDEMNITOR’s defense and indemnification obligations:

(A) Apply to a liability, or an expense, or both, that arise out of, pertain to, or relate to the actual or alleged passive negligence of a CITY INDEMNITEE; but
(B) Do not apply to a liability, or an expense, or both, that arise out of, pertain to, or relate to the sole active negligence or willful misconduct of a CITY INDEMNITEE.

12.3. To the extent that CONSULTANT INDEMNITOR’s insurance policy provides an upfront defense to CITY, CONSULTANT INDEMNITOR’s obligation to defend a CITY INDEMNITEE under this Article:

(A) Means that CONSULTANT INDEMNITOR shall provide and pay for legal counsel, 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 CONSULTANT INDEMNITOR; and

(C) Arises regardless of whether a claim, suit, complaint, pleading, or action specifically names or identifies CONSULTANT INDEMNITOR.

12.4. Paragraph 12.3 does not limit or extinguish CONSULTANT INDEMNITOR’s obligation 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 attorney’s fees under this Article does not require, and is not contingent upon, the CITY INDEMNITEE’s first:

(A) Requesting that CONSULTANT INDEMNITOR provide a defense to the CITY INDEMNITEE; or

(B) Obtaining CONSULTANT INDEMNITOR’s consent to the CITY INDEMNITEE’s tender of defense.

12.5. If CONSULTANT subcontracts all or any portion of the Services under this Agreement, CONSULTANT 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.

12.6. CONSULTANT INDEMNITOR’s obligation to indemnify, defend, and hold harmless CITY will remain in effect and will be binding upon CONSULTANT INDEMNITOR whether the liability, or the expense, or both, accrues— or is discovered— before or after this Agreement’s expiration, cancellation, or termination.

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37 12.7. Except for Paragraph 12.3, this Article’s indemnification and defense provisions are separate and independent from the insurance provisions in Article 11. 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 11; and

(B) Do not limit, in any way, the applicability, scope, or obligations of the insurance provisions in Article 11.

13.0 DEFAULT, REMEDIES, AND TERMINATION

13.1. Default. Default under this Agreement occurs upon any one or more of the following events:

(A) CONSULTANT refuses or fails— whether partially, fully, temporarily, or otherwise— to:

(1) Provide or maintain enough properly trained personnel, or licensed personnel, or both, to perform the Services that this Agreement requires;

(2) Pay for, obtain, maintain, or renew the insurance policies or coverages that this Agreement requires;

(3) Comply with indemnification, defense, or hold harmless provisions that this Agreement requires; or

(B) CONSULTANT, or its personnel, or both— whether partially, fully, temporarily, or otherwise:

(1) Disregards or violates a law, ordinance, rule, procedure, regulation, directive, or order;

(2) Refuses or fails to pay for, obtain, maintain, or renew requisite licenses;

(3) Refuses or fails to observe, perform, or fulfill a covenant, condition, obligation, term, or provision of this Agreement;

(4) Commits an unlawful, false, fraudulent, dishonest, deceptive, or dangerous act while performing the Services under this Agreement; or

(1) Or another party for or on behalf of CONSULTANT: institutes proceedings under any bankruptcy, reorganization, receivership or other insolvency; or assigns or transfers assets to its creditors;

(2) Delegates— whether in whole, in part, temporarily, or otherwise— its duties or obligations under this Agreement, without notifying CITY, or without CITY’s written authorization;

(3) Assigns, transfers, pledges, hypothecates, grants, or encumbers— whether in whole, in part, temporarily, or otherwise— this Agreement or any interest in it, without notifying CITY, or without CITY’s written authorization;

(4) Or one of its partners, directors, officers, or general managers, or a person who exercises managerial authority on CONSULTANT’s behalf, is convicted under state or federal law, during this 70 of 140

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38 Agreement’s Term, of embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, receiving stolen property, or other offense indicating a lack of business integrity or business honesty; or

(D) Any other justifiable cause or reason, as reasonably determined by the City Manager, or a designee.

13.2. Notice of Default. If CITY deems that CONSULTANT is in Default, or that CONSULTANT has failed in any other respect to perform satisfactorily the Services specified in this Agreement, CITY may give written notice to CONSULTANT specifying the Default(s) that CONSULTANT shall remedy within [SELECT: 5/ 10/ 14/ 30] days after receiving the notice. The Notice of Default will set forth one or more bases for any dissatisfaction and may suggest corrective measures.

13.3. Remedies upon Default. Within [SELECT THE SAME NUMBER IN PARAGRAPH 13.2 ABOVE: 5/ 10/ 14/ 30] days after receiving CITY’s Notice of Default, if CONSULTANT refuses or fails to remedy the Default(s), or if CONSULTANT does not commence steps to remedy the Default(s) to CITY’s reasonable satisfaction, CITY may exercise any one or more of the following remedies:

(A) CITY may, in whole or in part and for any length of time, immediately suspend this Agreement until such time as CONSULTANT has corrected the Default;

(B) CITY may provide for the Services either through its own forces or from another consultant, and may withhold any money due (or may become owing to) CONSULTANT for a task related to the claimed Default;

(C) CITY may withhold all moneys, or a sum of money, due CONSULTANT under this Agreement, which in CITY’s sole determination, are sufficient to secure CONSULTANT’s performance of its duties and obligations under this Agreement;

(D) CITY may immediately terminate the Agreement;

(E) CITY may exercise any legal remedy, or equitable remedy, or both, including, but not limited to, filing and action in court:

(1) Seeking CONSULTANT’s specific performance of all or any part of this Agreement; or

(2) Recovering damages for CONSULTANT’s Default, breach, or violation of this Agreement; or

(F) CITY may pursue any other available, lawful right, remedy, or action.

13.4. Termination for Convenience. Independent of the remedies provided in Paragraph 13.3, CITY may elect to terminate this Agreement at any time upon [SELECT: 10/ 14/ 30] days’ prior written notice. Upon termination, CONSULTANT shall receive compensation only for that work which CONSULTANT had satisfactorily completed to the termination date. CITY shall not pay CONSULTANT for de-mobilization, takedown, disengagement, wind-down, or other costs incurred arising out of this Agreement’s termination.

14.0 GENERAL PROVISIONS

14.1. Entire Agreement. This Agreement represents the entire and integrated agreement between the PARTIES.

This Agreement supersedes all prior and contemporaneous communications, negotiations, understandings, promises and agreements, 71 of 140

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39 either oral or written. Neither CONSULTANT nor CITY has made any promises or representations, other than those contained in this Agreement or those implied by law. The PARTIES may modify this Agreement, or any part of it, by a written amendment with CITY’s and CONSULTANT’s signature.

14.2. 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 Section 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 D (Insurance Requirements).
(3) Exhibit B (Project Time Schedule).
(4) Exhibit A (Scope of Work).
(5) Exhibit C (Fee Schedule).

14.3. Headings. All headings or captions in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any term, condition, or provision.

14.4. Governing Law; Jurisdiction.

(A) California’s laws govern this Agreement’s construction and interpretation regardless of the laws that might otherwise apply under applicable principles of conflicts of law or choice of law.

(B) If CONSULTANT or CITY brings a lawsuit to enforce or interpret one or more provisions of this Agreement, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. CONSULTANT and CITY acknowledge that the Agreement was negotiated, entered into, and executed— and the Services are performed— in the City of Glendale, California.

(C) Unless this Agreement provides otherwise, any reference to laws, ordinances, rules, or regulations include their later amendments, modifications, and successor legislation.

14.5. Waiver of Breach. If either PARTY fails to require the other to perform any term in this Agreement, that failure does not prevent the PARTY from later enforcing that term, or any other term. If either PARTY waives the other’s breach of a term, that waiver is not treated as waiving a later breach of the term. A waiver of a term is valid only if it is in writing and signed by the PARTY waiving it. This Agreement’s duties and obligations:

(A) Are cumulative (rather than alternative) and are in addition to (rather than a limitation on) any option, right, power, remedy, or privilege; and

(B) Are not exhausted by a PARTY’s exercise of any one of them.

14.6. Attorney’s Fees. If CITY or CONSULTANT 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 attorney’s 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 Section 1032(a)(4). “Reasonable attorney’s fees” of the City Attorney’s office means the fees regularly charged by private attorneys who:

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40 (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.

14.7. Further Assurances. Upon CITY’s request at any time, CONSULTANT 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.

14.8. Assignment.

(A) This Agreement does not give any rights or benefits to anyone, other than to CITY and CONSULTANT. All duties, obligations, and responsibilities under this Agreement are for the sole and exclusive benefit of CITY and CONSULTANT, and are not for the benefit of another person, entity, or organization. Without CITY’s prior written authorization, CONSULTANT shall not do any one or more of the following:

(1) Assign or transfer a right or interest— whether in whole, in part, temporarily, or otherwise— in this Agreement; or

(2) Delegate a duty or obligation owed— whether in whole, in part, temporarily, or otherwise— under this Agreement.

(B) Any actual or attempted assignment of rights or delegation of duties by CONSULTANT, without CITY’s prior written authorization, is wholly void and totally ineffective for all purposes; and does not postpone, delay, alter, extinguish, or terminate CONSULTANT’s duties, obligations, or responsibilities under this Agreement.

(C) If CITY consents to an assignment of rights, or a delegation of duties, or both, CONSULTANT’s assignee or legal representative shall agree in writing to personally assume, perform, and to be bound unconditionally by the covenants, obligations, terms, and conditions in this Agreement.

14.9. Successors and Assigns. Subject to the provisions in Paragraph 14.8, this Agreement is binding on the heirs, executors, administrators, successors, and assigns of the respective PARTIES.

14.10. Time is of the Essence.

(A) Except when this Agreement states otherwise, time is of the essence in this Agreement. CONSULTANT acknowledges that this Agreement’s time limits and deadlines are reasonable for CONSULTANT’s performing the Services under this Agreement.

(B) Unless this Agreement specifies otherwise, any reference to “day” or “days” means calendar and not business days. If the last day for giving notice or performing an act under this Agreement falls on a weekend, a legal holiday listed in either Glendale Municipal Code Section 3.08.010 or California’s Government Code, or a day when City Hall is closed, the period is extended to and including the next day that CITY is open for business. A reference to the time of day refers to local time for Glendale, California.

14.11. Recycled Paper. CONSULTANT shall endeavor to submit all reports, correspondence, and documents related to this Agreement on recycled paper.
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41 14.12. Notices.

(A) 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.

(B) All written notices or correspondence done in the manner described in Subparagraph (A) above with the street address or place, facsimile number, or email address listed in Subparagraph (C) 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.

(C) CITY and CONSULTANT designate the following contact person, street address or place, telephone number, and facsimile number or email address for giving notice:

CITY: City of Glendale
Dept.:

Glendale, CA 9120
Attn:

Tel. No.:

Fax. No.:

Email:

CONSULTANT:

Attn:

Tel. No.:

Fax. No.:
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(D) At any time, by providing written notice to the other PARTY, CITY or CONSULTANT may change the contact information listed in Subparagraph (C) above.

14.13. Survival. This Paragraph and the obligations set forth in Paragraphs 5.4, 5.6, 5.7, 5.8, 7.5, 8.1, 9.1, 9.2,

9.3, 9.4, 9.5, 11.1, 11.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.3, 14.5, 14.6, 14.7, 14.8, 14.9, and 14.12 survive this Agreement’s expiration, cancellation, or termination.

14.14. Severability. The invalidity, in whole or in part, of any term of this Agreement will not affect this Agreement’s remaining terms.

14.15. Counterparts. This Agreement may be executed in counterparts, each of which is an original, but all of which constitutes one and the same document. The PARTIES shall sign a sufficient number of counterparts, so that each PARTY will receive a fully executed original of this Agreement.

14.16. Digital Signatures. The PARTIES deem a copy of this Agreement, or any amendment to it, that bears a digital signature as having the same legal effect, for all purposes, as delivery of a signed original of this Agreement or the amendment, and each digital signature will have the same legal force and effect as a handwritten signature.

14.17. Representations – Authority. The PARTIES represent that:

(A) They have read this Agreement, fully understand its contents, and have received a copy of it;

(B) Through their duly authorized representative, they are authorized to sign this Agreement, and they are bound by its terms; and

Executed at Glendale, California.

CITY OF GLENDALE:

By Date:
(Name)
(Title)

CONSULTANT:

By Date:
(Name)
(Title)

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Consideration of refinement of updating sign regulation pertaining to animated (digital) signs and non-accessory signage.

1. Motion to provide direction regarding code amendments to Chapter 30.33 of the Glendale Municipal Code to allow animated signs with specific criteria in limited areas;

2. Motion initiating code amendments to Chapter 30.33 of the Glendale Municipal Code to allow non-accessory signs with specific criteria in limited areas.

COUNCIL ACTION
Item Type: Action Item
Approved for April 18, 2023 calendar

EXECUTIVE SUMMARY
Council requested information about animated signs (also known more commonly as “digital” signs). A report was presented in on August 24, 2021, after which Council provided direction to prepare Code amendments with standards for digital signs in all C3 (Commercial Service) zoned properties. However, before embarking on a Citywide Code amendment for digital signs, staff is presenting further options for consideration and seeking additional direction.

COUNCIL PRIORITIES
N/A.

RECOMMENDATION
That the City Council provide additional direction regarding potential amendments to the Glendale Municipal Code (GMC), Chapter 30.33 – Signs, related to expanding allowances for animated (digital) signs with limitations/criteria.

BACKGROUND
The August 24, 2021 staff report (Exhibit 1) summarized current zoning rules limiting animated signs within the City and described where animated signs are allowed as exceptions.
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In sum, Chapter 30.33 of the GMC (the Sign Code) prohibits animated signs – signs “designed and constructed to give a message through a sequence of progressive changes of parts by either action or motion, flashing or color changes requiring electrical or manual energy” with some exceptions. GMC § 30.33.020 (Definition of “Animated sign”). Animated signs are interpreted to include any digital/electronic/LED sign, whether it is static, flashing, scrolling or colorful.

Animated signs may be allowed as exceptions as follows:
•as Creative Signs in the Downtown Specific Plan (DSP) and the Commercial Retail (CR) Zone – Montrose Shopping Park, and
•within the Advertising Signage Overlay Zone (ASOZ), limited to the Galleria and Town Center (Americana) districts based on specific commercial size characteristics, location and other qualifications.

The report also summarized the rules pertaining to animated/digital signs from a variety of cities and found most neighboring or comparable jurisdictions also prohibit animated/digital signs with limited exceptions, similar to Glendale.

ANALYSIS
Options
C3 (Commercial Service) Zoning District
Council could restate its original direction to amend the Zoning Code to allow animated/digital signage for all properties in the C3 Zone. While this option would not allow digital signage in all commercial zones, the C3 district covers a large portion of the City’s major corridors and is adjacent to single and multi-family neighborhoods. C3 is found along Brand Boulevard (north and south of Glenoaks Boulevard), Broadway, Central Avenue, Colorado Street, Glendale Avenue, San Fernando Road, Los Feliz, Ocean View, Verdugo Road and Verdugo Boulevard, and portions of Victory Boulevard.

Exhibit 2 to this report highlights these zones and the nearby impacted residential zones.

Given the proximity of residential uses and the potential impact digital signs may have on adjacent residential areas, staff is providing additional information to Council to allow it to assess alternatives to an across-the-board allowance of digital signage in the C3 zone.

Corridor test case(s)
The Council could narrow the expansion of the use of digital signs to a more focused geographic area and apply a similar approach to that used for the Advertising Signage Overly Zone (ASOZ). Staff suggests potentially implementing a digital sign pilot program in certain City gateway commercial corridors such as South Brand Boulevard and South Central Avenue because of proximity and access to the City’s regional core commercial 83 of 140

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center. (Exhibit 3 – Gateway Corridor example area).

This option would involve creating an overlay zone that identifies the purpose and general criteria of how and where animated/digital signage would be allowed along with a zone map amendment to identify the overlay zone boundaries. Like the ASOZ, the overlay zone could include a “sunset clause” which could eliminate the zone after a certain period of time, require signage amortization (likely 10 years), and would allow for review of any impacts of approved digital signage, including visual and aesthetic impacts. Careful consideration of a “sunset clause” would also include the potential to extend the life of the overlay zone, as well as a timeframe to amortize any digital sign installed as allowed by the overlay zone.

This test case option would allow for animated/digital signs in a more visible setting along a commercial corridor beyond the more limited context of the existing ASOZ covering the Glendale Galleria and Americana, and would provide an opportunity to assess any impacts in a broader setting. This option would have to identify specific site and sign criteria to differentiate it from the existing ASOZ, which currently limits animated/digital signs facing the public right-of-way, and is available only to a minimum sized commercial property under a single ownership.

City-owned properties
Council could also consider expanding the use of digital signage, subject to limitations/restrictions, to City-owned properties. City-owned parcels are identified in Exhibit 4.

Allowing Non-accessory Signs
In combination with the options above, Council may also consider allowing non-accessory signage in designated areas or overlay zones in conjunction with any of the potential revisions to digital signs. The City’s sign ordinance permits, with limited exception, only “accessory signs” that carry “advertisement incidental and related only to the primary use of the premises or site on which it was located, including signs or sign devices indicating the business transacted at, service rendered, goods sold or produced on the premises by either the owner, occupant or developer of the premises of the site.” A “non-accessory sign” is a sign that carries advertisement other than that of an accessory sign (e.g., off-site goods and/or services) and is generally prohibited by the sign ordinance. An ASOZ is the only zone that allows “non-accessory” signs. An example of a non-accessory advertisement would be a sign located at the Glendale Galleria advertising a Ford vehicle, even though no Ford dealership tenant is located at the 84 of 140

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Glendale Galleria. Commercial property owners in an ASOZ who seek to install non- accessory and digital signs are required to enter into statutory Development Agreements with the City to provide public benefits to be negotiated by the City and applicant, including revenue sharing, public announcements, and/or other public benefits. The development agreements for the existing ASOZ approved for the Americana at Brand and the Galleria provide for an annual “Public Benefit Agreement Fee” payment calculated at 12% of gross revenue payable to the City during the defined Amortization Period (ten years) and 15% of the gross revenue thereafter.

As was done with the implementation of the ASOZ, the City would need to identify characteristics and benefits of permitting non-accessory and digital signs in specific overlay zones or areas - which are unique to those areas - that outweigh the aesthetic and traffic safety concerns generally associated with those types of signs. Similar to the ASOZ, Council could direct staff from Community Development and the City Attorney’s Office to further research implementation options that could include a requirement that a property owner proposing non-accessory signage enter into a development agreement to provide public benefits that might include revenue sharing, public art displays and public announcements. Staff has identified examples where twenty percent of the available display time is allocated to public art displays as well as announcements made by the City (i.e. voting awareness, public emergency, special events, etc.). If Council desires pursuing this model, staff from CDD and the City Attorney’s Office will explore further for the appropriate mechanisms to implement such programs, and may return with further refined options for Council’s consideration prior to commencing environmental review and Code amendments.

Location, Luminance and Operational Standards
Regardless of the options presented above to expand the use of digital signage, the City has the ability to regulate the time, place, and manner of digital signage. As mentioned in the previous August 2021 report (Exhibit 1), the City of Los Angeles is in the process of comprehensive revisions to their sign regulations. Los Angeles has draft illumination standards that include limits on brightness, lumen output and LED beam spread to limit nuisance concerns related to light trespass and glare. In addition, any digital displays must:
•Have a minimum message duration of 8 seconds per message; •Use instant or fading transition techniques between messages; •Have a sensor to automatically adjust display brightness with changes to ambient lighting; and
•Limit hours of digital displays between 7 am and 12 am.

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Illumination testing is also proposed. Testing standards related to digital signs require testing by the applicant demonstrating compliance with illumination standards be provided to a Building and Safety-approved testing agency prior to operation of any digital sign and again 12 months after the sign has been operational. Additional permissible limitations include limitations related to color, graphics/numbers/letters limitations, size, placement and/or any other limitations related to the appearance (as opposed to the content) of the sign. These standards and any testing could be including in the criteria to allow animated/digital signage.

Next Steps
If the Council directs staff to amend the Zoning Code, and once the parameters of the amendment are defined, staff would then be able to undertake any analysis required by CEQA. Once CEQA review is completed, the Planning Commission would review the Code amendments for consistency with the General Plan, and provide a recommendation to the City Council. A Council decision to amend the Zoning Code requires a four-fifths vote. Additionally, staff anticipates a period of public engagement and education if the Council decides to move forward.

STAKEHOLDERS/OUTREACH
Not applicable at this time.

FISCAL IMPACT
If Council provides specific direction regarding initiation of amendments to the GMC to expand allowance of animated signs, potential costs to the City would depend on the preparation of the appropriate CEQA document, any technical expertise related to drafting illumination specifics, and additional enforcement calls and potential contracting with a third party to verify compliance with any illumination standards. Costs for the appropriate CEQA document (such as an EIR) would come back to Council prior to preparation of amendments to the GMC.

ENVIRONMENTAL REVIEW
Any amendments to the Zoning Code related to the allowance of digital signage would require an analysis of potential significant impacts such as those related to aesthetics, including new sources of light and glare and potential affects to day or nighttime views.

After undergoing appropriate environmental review, such amendments would need to be reviewed by the Planning Commission and then brought to Council for adoption by a four- fifths vote.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements. 86 of 140

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ALTERNATIVES
Alternative 1: Provide feedback and specific direction with respect to allowing animated (digital) signs throughout the C3 (Commercial Service) Zoning district Citywide and direct staff to prepare amendments to the Zoning Code.

Alternative 2: Decline to direct staff to amend the Zoning Code and provide alternative direction with respect to allowing animated (digital) signs on City-owned property only.

Alternative 3: Provide feedback and specific direction with respect to allowing animated (digital) signs along a limited area/corridor test case of the City deemed to be appropriate for a limited or trial period of time, and consider whether to direct staff to explore directed expansion of non-accessory signs in limited areas as discussed in this Report.

Alternative 4: Council may choose any other alternative not recommended by staff.

ADMINISTRATIVE ACTION
Prepared by:

Kristen Asp, AICP, Principal Planner
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS

1. City Council Staff Report dated August 24, 2021

2. Zoning Maps of C3 zones proximity to single and multi-family zoning districts

3. Map of corridor test case(s)

4. Map of City-owned properties
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MOTION
Moved by Council Member ________________________, seconded by Council Member _________________________, that the Council hereby provides the following additional specific direction regarding its previous initiation of the preparation of amendments to Chapter 30.33 (Signs) of the Zoning Code to allow animated (digital) signs in a limited area, with specific sign criteria, including, but not limited to, illumination standards, sign-type, height and size, limited hours of operation, and other appropriate time, place and manner restrictions:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ________.

Vote as Follows:

Ayes:

Noes:

Absent:

Abstain:
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MOTION
Moved by Council Member ________________________, seconded by Council Member _________________________, that the Council hereby initiates preparation of amendments to Chapter 30.33 (Signs) of the Zoning Code to allow non-accessory signs in limited areas, with specific sign criteria, including, but not limited to, illumination standards, sign-type, height and size, limited hours of operation, other appropriate time, place and manner restrictions, and consideration of appropriate mechanisms, including development agreements, for consideration of negotiation of public benefits, such as revenue sharing and public service announcements.

Vote as Follows:

Ayes:

Noes:

Absent:

Abstain:
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Consideration of updating sign regulations pertaining to animated (digital) signs

1. Motion to note and file report;

2. Motion to initiate code amendment to Chapter 30.33 of the Glendale Municipal Code to allow animated signs with specific sign criteria.

COUNCIL ACTION
Item Type: Action Item
Approved for August 24, 2021 Calendar

ADMINISTRATIVE ACTION
Submitted by:

Philip S. Lanzafame, Director of Community Development
Prepared by:

Kristen Asp, AICP, Principal Planner
Yvette Neukian, Senior Assistant City Attorney
Reviewed by:

Michele Flynn, Director of Finance
Michael J. Garcia, City Attorney
Bradley Calvert, AICP, Assistant Director of Community Development Approved by:

Roubik R. Golanian, P.E., City Manager
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RECOMMENDATION
Staff recommends that Council review this report and either note and file it or provide direction regarding potential amendments to the Glendale Municipal Code (GMC), Chapter 30.33 – Signs, related to expanding allowances for animated (digital) signs with limitations/criteria.

BACKGROUND/ANALYSIS
Council requested information about animated signs (also known more commonly as “digital” signs) and how they are regulated by the Zoning Code in order to evaluate potential GMC amendments permitting such signs with certain limitations.

The purpose and intent of sign regulations, generally, are to preserve and protect property values, create a more attractive business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas, provide a more enjoyable and pleasing community, and encourage the most appropriate use of land. Sign regulations are also intended to reduce advertising obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space and curb the deterioration of a community environment.

Zoning Rules
Currently, Chapter 30.33 of the GMC (the Sign Code) prohibits animated signs – signs “designed and constructed to give a message through a sequence of progressive changes of parts by either action or motion, flashing or color changes requiring electrical or manual energy” with some exceptions. GMC § 30.33.020 (Definition of “Animated sign”). Animated signs are interpreted to include any digital/electronic/LED sign, whether it is static, flashing, scrolling or colorful. Typically, animated (digital) signs are generally considered more distracting than other types of signs and because of this are generally prohibited. Some exceptions include “public service” signs, such as time and temperature units and/or barber poles, or price signs at gas stations. Additional exceptions include signs allowed in the Downtown Specific Plan (DSP) and Commercial Retail (CR) zoning districts called Creative Signs and signs approved under the City’s established Advertising Signage Overlay Zone, discussed below.

Exceptions: Creative Signs and ASOZ (Advertising Signage Overlay Zone) The purpose of the Creative Sign provision is to encourage and allow developers and businesses to propose highly inventive, sculptural signs expressive of art and entertainment uses that are otherwise prohibited by the Zoning Code. Creative Signs are allowed through the design review process in the DSP and CR – Montrose Shopping Park Zones only, and not anywhere else in the City. Creative sign applications in the CR zone are reviewed by the Design Review Board, and in the DSP 91 of 140

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by the City Council or the Director of Community Development. GMC § 30.33.225(D) and 30.47.030(D). Creative signs must further the goal of being “creatively designed signs that make a positive visual contribution to the property, the zone, and the overall image of the city, while mitigating the impacts of large or unusually designed signs”.

GMC § 30.33.225(A)(2). Examples of approved creative signs include: the Laemmle Theater, King Taco, the former Five Star Cinema, and the Harrison. Animated (digital) signs could be allowed through the creative sign process, but to date have only been permitted for the former Five Star Cinemas.

The ASOZ was established in 2010 (and amended in 2013) and is generally limited to the Galleria and Town Center (Americana) districts of the DSP with the intent to, among other things, promote economic development and ensure an attractive business climate for the commercial heart of the downtown area. GMC § 30.26.010 (ASOZ “Description and purpose”). The reason the ASOZ area is generally limited to the Galleria and the Americana is because these two areas are the commercial heart of the City with the most concentration of retail, restaurant and theater uses appropriate for animated signage – which is consistent with other regional centers that typically allow such signs, such as the Grove, LA Live and the Sunset Strip.

The ASOZ allows non-accessory signs (otherwise prohibited Citywide) whereby advertisement is unrelated to the primary use of the premises or site where it is located and also allows animated signs (otherwise prohibited Citywide). While ensuring regulations are in place to limit visual clutter, glare and other negative impacts often associated with signage, the ASOZ is a legislative recognition that it is appropriate in certain locations in Glendale to allow animated signage and non-accessory signs “to create a lively, visually exciting environment for the commercial heart of the city.” G.M.C. §30.26.010. Thus, even though they are permitted in an ASOZ, animated signs approved as part of the ASOZ must only be wall signs, not change images more frequently than each eight (8) seconds, with a transition period of one (1) second or less, not have sound effects of projecting elements, be installed parallel to the face of the building on which attached, and have certain maximum brightness levels to not exceed ambient light levels (Director of Community Development has the authority to require a lighting study, field measurements or other satisfactory method to verify compliance with this requirement). GMC § 30.26.060(D).

Animated Sign Regulations from other Cities
Staff consulted with Planning and City Attorney staff from a wide variety of cities (discussed in detail below) to ascertain the approaches of neighboring jurisdictions toward allowance of animated/digital signs. None of the cities that staff surveyed allow animated/digital signs in any area of the City outside of those approved in connection 92 of 140

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with an analogous creative sign/advertising overlay zone exception similar to Glendale’s process.

City of Burbank
Burbank prohibits “Self-illuminating and Electronic Signs,” which includes electronic message boards; television screens; plasma screens; digital screens; flat screens; light emitting diode screens; video boards; other types of electric and electronic display boards and screens; and holographic displays. Their code also prohibits “Animated” signs, which includes signs, or portions thereof, that blink, flash, or emit a varying intensity of color or light.

City of Santa Monica
Animated signs in Santa Monica are prohibited with the exception of roadway/traffic safety and on primary and secondary school property for school purposes. However, Santa Monica makes allowances for Santa Monica Place Mall, similar to the ASOZ Glendale Galleria and Americana districts allowing digital and off-site (unrelated advertisement) signs.

City of Culver City
Culver City prohibits digital signs, but allows a sign to be electronic only if the sign displays public information such as time and temperature information. Culver City uses a Master Sign Program process as a tool to consider deviations from sign regulations, however this has not been used to allow digital signs.

City of Pasadena
Pasadena prohibits animated signs, but allows for displays such as time and temperature information and public service signs and unique/creative signs allowed through the approval of a Master Sign Plan. A Master Sign Plan review is similar to Glendale’s creative sign process.

City of Los Angeles
Los Angeles allows for digital signs, both for on-site and off-site signs, but restricts digital off-site signs to sign districts similar to Glendale’s ASOZ. Los Angeles is currently in the process of a comprehensive reorganization and modernization of the City’s sign regulations. This includes proposals to limit the location of on-site digital signs to sign districts and establish illumination and digital message standards, such as brightness limitations above ambient lighting, limiting sign area, limits to commercial uses in commercial zones, distancing and minimum frontage requirements, and operational limitations.
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City of West Hollywood
West Hollywood also prohibits animated signs, but allows for displays such as time and temperature information. Animated signs are classified under their restricted sign section which acknowledge animated and electronic graphic signs are generally inconsistent with their sign code, but may be allowed under certain circumstances through a sign approval program that offers incentives to encourage well designed, creative signs. Animated signs may be considered when they meet the creative sign criteria (similar to Glendale’s) and are reviewed through a creative sign review process.

To date, West Hollywood has not approved a digital creative sign.

West Hollywood has a different set of policies for billboards along the Sunset Strip which is globally recognized for its vibrant combination of signs, entertainment, and nightlife. It is a one-of-a-kind built environment that celebrates the City’s creative identity and provides a larger cultural value. The Strip has the densest concentration of off-site signage (billboards and tall wall signs) on the West Coast. It is a unique destination, vibrant during both day and night, and is a major economic engine for West Hollywood, with a long tradition of innovative and memorable signage.

Potential options for addressing animated signs
The Council can continue to ban animated or digital signage Citywide (with exceptions noted above via a creative sign or ASOZ) or consider expanding the use of digital signage subject to limitations/restrictions designed to limit negative impacts. Council could: a) permit digital signs citywide; b) explore expanding digital signage usage only to commercial or noncommercial uses, or by specific types of land uses; and/or c) limit digital signage to specific zones. Any of the following options to expand digital signage would include specific sign criteria related to animation, and could include any number of combinations to limit specific sign types. Any regulation allowing digital signage would need to be content-neutral and reasonably fit with the City’s interest in mitigating any visual/aesthetic impacts or promoting road safety.

Citywide
The option to fully expand animated signs Citywide would make all uses, zones and sign types available for animation. This option would result in the most visual clutter, even with content-neutral limitations. Sign types would include wall, ground, high-rise, marquee and projecting, which are found predominately in commercial and mixed use zoned areas. Full expansion would also permit political and real estate signs to be animated which are more commonly found in residential zones.

Because Citywide allowance of animated signs would likely result in a significant proliferation of such signs, if this option is chosen, Planning staff highly recommends 94 of 140

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that Council simultaneously enact content-neutral limits on such as sign type (e.g. wall, ground, or a combination, etc.), area, location and set specific standards for illumination/brightness (including testing standards), color(s), duration of message, and operation hours. As long as the restrictions relate to time, place or manner (i.e., type, size and overall “look” of the sign) and are not content-based, Council may impose such restrictions without concerns related to violation of First Amendment speech proscriptions. Facially content-based regulations are automatically “subject to strict scrutiny1 regardless of the government’s benign motive, content-neutral justification, or lack of ‘animus toward the ideas contained’ in the regulated speech.” Reed v. Town of Gilbert, Arizona, 135 S.Ct. 2218, 2228 (2015) (quoting Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 429 (1993)). Even where a regulation does not address content on its face, it will be considered content based if it cannot be “justified without reference to the content of the regulated speech.” Id. at 2227 (quoting Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989)). A regulation is content based if it was “adopted by the government ‘because of disagreement with the message [the speech] conveys.’” Id. (alteration in original) (quoting Ward, 491 U.S. at 791). Examples of content-based regulations struck down by courts include regulations subjecting temporary directional signs to stricter or different standards than political signs (Reed, 135 S.Ct. 2218 (2015)), and regulations preferring signs of new businesses and special events, disfavoring other business and all noncommercial speech (www.RicardoPacheco.com v. City of Baldwin Park 2017 U.S.Dist.LEXIS 107256, at *15-16 (C.D.Cal. July 10, 2017, No. 2:16- cv-09167-CAS(GJSx))).

By Land Use
This option would expand digital signage only to certain land uses, regardless of zone.

Limitations could be to only allow digital signage for commercial-type business such as:
retail, office and service uses. Alternatively, consideration could be given to expand digital signage for noncommercial uses such as charitable, civic, non-profit organizations, including places of worship. Again, both of these options would only apply to the land use. For example, in the case of noncommercial uses it would mean various non-profits such as volunteer organizations and places of worship in residential zones (single and multi-family) would be allowed digital signage. One major difficulty with this type of limitation would be that the Zoning Code Land Use table does not differentiate land uses based on whether the use is commercial or not, and some uses with the same land use designation may be commercial or alternatively noncommercial 1 For a sign regulation to survive under the “strict scrutiny” test, it must further a compelling government interest and be narrowly tailored to achieve that end. Content-based and speaker-based sign regulations that are aimed only at commercial speech (speech that proposes a commercial transaction) are subject to “heightened scrutiny” (reach no further than necessary to accomplish the given objective). Sorrell v. IMS Health Inc., 564 U.S. 552 (2011).
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(i.e., a gym could be for profit or operated by a non-profit). Moreover, the distinction based on land use would only dictate “who” is allowed a digital sign—it would not dictate whether the sign (the message being conveyed) is commercial (intended to induce a commercial transaction) or noncommercial (e.g. expresses a political or ideological message). Commercial and/or noncommercial “land uses” permitted to have digital signs could engage in either commercial or noncommercial speech. Specific content- neutral limitations on digital signage discussed above could apply.

However, important legal considerations must also be weighed in any decision to restrict digital signs based on land use. Initially, it may be difficult to draft such rules to comply with First Amendment jurisprudence which prohibits or disfavors giving preference to commercial speech over non-commercial speech (e.g., allowing only commercial speakers such as on-site store signs to be digital and prohibiting non- commercial political signs the same privilege).2 Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981). Moreover, under the Supreme Court’s decision in Reed, basing the allowance of digital signage on the land use would very often distinguish between sets of speakers by allowing some uses to have digital signs and precluding other commercial or non-commercial uses from utilizing the same type of signage. This type of speaker discrimination is often held by the courts to be akin to content-based discrimination, subject such regulations to strict scrutiny which are rarely upheld. For these reasons, staff recommends avoiding basing distinctions for animated signage based on land use.

By Zoning District
Instead of using land use as a factor to determine where digital signs would be allowed, the Council could consider expanding animated signs based on zone. Specific zones could be included, or excluded. Clear candidates would be commercial and mixed use zones, thereby prohibiting digital signs within residential neighborhoods and special purpose districts (see Exhibit 1 for sections of Glendale’s Zoning Map). Special Purpose Districts include the Commercial Equestrian (CE), Cemetery (CEM), Medical Service (MS) – Glendale Adventist Hospital and surrounding area, and Special Recreation (SR) zones. Additionally, for purposes of this discussion, Industrial (IND and T districts) and Industrial Mixed Use (IMU, IMU-R, including SFMU district) Zones are not being considered for expanding animated signage.
2 Adding a “message substitution clause” may avoid claims that an ordinance favors commercial signs over noncommercial messages. A substitution clause provides that for every commercial sign allowed, any noncommercial message could be legally substituted. The GMC sign ordinance contains a substitution clause currently.
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Commercial and mixed use zoning districts are located throughout the City primarily along corridors adjacent to single and multi-family neighborhoods. Commercial and mixed use zoning districts could be limited further by prohibiting digital signs in smaller commercial districts, such as C1 (Neighborhood Commercial), CR (Commercial Retail), and CPD (Commercial Planned Development) Zones. These zones are typically small shopping centers providing convenience goods and services to the surrounding residential neighborhood, examples include Kenneth Village, Adams Square, and Montrose Shopping Park areas. Additional zones to consider digital signage limits could include the CA (Commercial Auto) and CH (Commercial Hillside) zoning districts which include the Brand Boulevard of Cars and Foothill Boulevard. This would focus expanding animated (digital) signage to the C2 (Community Commercial), C3 (Commercial Service) and DSP zoning districts. These zoning district locations are found along Brand Boulevard (north and south of Glenoaks Boulevard), Broadway, Central Avenue, Colorado Street, Glendale Avenue, Glenoaks Boulevard, Honolulu and Pacific Avenue, Los Feliz, Verdugo, and portions of Victory Boulevard (see Exhibit 1 for reference).

As with the previous options discussed above, specific digital sign criteria could be applied with this option. A small potential legal risk in restricting digital signs to certain commercial zones is that, although within the zone itself commercial and non- commercial speech would be subject to the same regulations, a legal challenge may contend that the effect of a regulation only allowing digital signs in certain commercial zones would be to favor commercial speech, since the majority of uses in such commercial zones would participate in commercial speech. Staff is fairly confident, however, that restrictions based on zone would survive legal challenge, as commercial and non-commercial digital signs alike would be permitted in the zone with the same rules and restrictions and regulations based on zone have been held to be a valid time, place and manner regulation. The City’s justification for allowing digital signs only in certain zones would relate to its interest in aesthetics and traffic safety (keeping digital signs from proliferating in smaller neighborhood commercial zones and residential neighborhoods).

Luminance and operational standards
Regardless of the options presented above to expand the use of digital signage if the Council so desires, the City has the ability to regulate, in a number of ways, the time, place, and manner of digital signage. As mentioned previously, the City of Los Angeles is in the process of comprehensive revisions to their sign regulations. L.A. has draft illumination standards that include limits on brightness, lumen output and LED beam spread to limit nuisance concerns related to light trespass and glare. In addition, any digital displays must: have a minimum message duration of 8 seconds per message; use instant or fading transition techniques between messages; a sensor to automatically 97 of 140

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adjust display brightness with changes to ambient lighting; and limit hours of digital displays between 7 am and 12 am. Illumination testing is also proposed. Testing standards related to digital signs requires testing by the applicant demonstrating compliance with illumination standards be provided to a Building and Safety-approved testing agency prior to operation of any digital sign and again 12 months after the sign has been operational. Additional permissible limitations include: limitations related to color (black and white only), graphics/numbers/letters limitations, size, placement and/or any other limitations related to the appearance of the sign.

Code Enforcement Considerations
Allowing digital signs with certain time, place and manner limits will likely raise enforcement issues, depending on the type of restrictions enacted. For example, illumination standards and standards regulating the time interval between change of message may make identification of violations difficult to document and cite due to the technical nature of the regulations. Moreover, the allowance of digital signs, even if only in certain specific zones, will most certainly lead to additional applications for such signs, and will thus likely lead to an increase of the workload of Planners and Building and Safety staff charged with reviewing sign permit applications, particularly if such signs carry an array of standards to be met. Moreover, Neighborhood Services inspectors will likely see an increase in workload to enforce the new digital sign regulations.

Next Steps & CEQA (California Environmental Quality Act) Review Any amendments to the Zoning Code related to the allowance of digital signage would require an analysis of potential significant impacts such as those related to aesthetics, including new sources of light and glare and potential affects to day or nighttime views.

After undergoing appropriate environmental review, such amendments would need to be reviewed by the Planning Commission and then brought to Council for adoption by a four-fifths vote.

FISCAL IMPACT
If Council initiates amendments to the GMC to expand allowance of animated signs, potential costs to the City would depend on the preparation of the appropriate CEQA document, any technical expertise related to drafting illumination specifics, additional enforcement calls and potential contracting with a third party to verify compliance with any illumination standards.

ALTERNATIVES
Alternative 1: The City Council may elect to note and file this report. 98 of 140

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Alternative 2: The City Council may receive this report regarding potential amendments to the GMC to allow animated (digital) signs, provide direction to staff and initiate such amendments.

Alternative 3: The Council may consider any other alternative not presented by staff.

CAMPAIGN DISCLOSURE
Not applicable.

EXHIBITS

1. Zoning Map Sections
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COLORADO STREET

CENTRAL AVE

BRAND BLVD
Corridor Test Location
EXHIBIT 3
N
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EXHIBIT 4
City-owned parcels
N
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Designation of a Voting Delegate and alternate for the Southern California Association of Governments Regional Conference and General Assembly.

COUNCIL ACTION
Item Type: Action Item
Approved for April 18, 2023 calendar

EXECUTIVE SUMMARY
The Southern California Association of Government’s (SCAG’s) annual conference will be held in Palm Desert this year, on May 4, 2023. Councilmembers Kassakhian and Asatryan have expressed interest in attending and serving as Glendale’s delegates at the SCAG General Assembly. The intent of this report is for City Council to select one as the voting delegate and the other as the alternate.
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COUNCIL PRIORITIES
Not Applicable.

RECOMMENDATION
That City Council designate one voting delegate and one voting alternate from City Council to represent the City of Glendale during SCAG’s 58 th Annual Regional Conference and General Assembly Business Meeting, to be held May 4-5, 2023, in Palm Desert, California.

BACKGROUND
The Southern California Association of Governments (SCAG) is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues. Under federal law, SCAG is designated as a Metropolitan Planning Organization and under state law as a Regional Transportation Planning Agency and a Council of Governments.

The City of Glendale is a member of SCAG. Each year, SCAG organizes a conference which includes a General Assembly. During this meeting, the SCAG’s membership considers and takes action on such tings as adoption of SCAG’s general fund budget, ratification of board officers, proposed amendments to SCAG bylaws, and any proposed resolutions.

ANALYSIS
This year the conference will be held in Palm Desert, California. The General Assembly will take place on Thursday, May 4, 2023. SCAG has asked that each City Council appoint representatives for the General Assembly through formal Council action.

As of April 11, 2023, Council Members Kassakhian and Asatryan have expressed interest in attending the conference and serving as Glendale’s delegates at the SCAG General Assembly. Based on this information, it is recommended that City Council select one Member to serve as the voting delegate and the other Member to serve as the alternate in order to cast a vote on behalf of the City of Glendale.

STAKEHOLDERS/OUTREACH
Not Applicable.

FISCAL IMPACT
There is no cost associated with the appointment of a delegate and alternate. Any costs that arise as a result of travel to this conference have already been budgeted in the management Services Travel and Training budget.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Not applicable.
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CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: Select Council Member Asatryan to serve as the voting delegate and Council Member Kassakhian to serve as the alternate representing the City of Glendale during SCAG’s General Assembly on May 4, 2023.

Alternative 2: Select Council Member Kassakhian to serve as the voting delegate and Council Member Asatryan to serve as the alternate representing the City of Glendale during SCAG’s General Assembly on May 4, 2023.

Alternative 3: Make a motion to select another Council Member to serve as delegate or alternate, should they be able to attend the meeting.

Alternative 4: Choose to not select any member of Council to serve as a voting delegate or alternate, and thus not have the City of Glendale represented during the General Assembly.

Alternative 5: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

John Takhtalian, Assistant City Manager
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None
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04182023_CC_Motion_8d1.pdf
MOTION
Moved by Council Member , seconded by
Council Member ______________, that the City Council hereby designates one Council Member as the Voting Delegate and one Council Member as the voting alternate for the Southern California Association of Governments Regional Conference and General Assembly to be held May 4-5, 2023, as follows:

Voting Delegate:_______________________
Voting Delegate Alternative: ______________
Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Discussion of Council Districts and Directly Elected Mayor; Discussion of Potential Amendments to City Charter

4. Motion Directing Staff Regarding Other Proposed Amendments to the City Charter

5. Resolution of Appropriation for $55,000

COUNCIL ACTION
Item Type: Action Item
Approved for April 18, 2023 calendar

EXECUTIVE SUMMARY
This report provides a discussion of a transition to councilmember districts and a directly 107 of 140

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elected mayor.

COUNCIL PRIORITIES
N/A.

RECOMMENDATION
That the Council consider adoption of one of the proposed resolutions declaring its intent to transition from at-large councilmember elections to district-based councilmember elections, provide direction on preparation of charter amendments for the creation of a directly elected mayor position and modification of the number of Council seats, and other potential charter amendments as may be desired. It is further recommended that if the Council adopt a statement of intent that it approve the resolution of appropriation for $55,000 for the City to retain its demographer, National Demographic Corporation.

BACKGROUND
The City Council requested a report for the Council to discuss a transition to Council districts and a directly elected Mayor.

Council Districts
Under Article IV, Section 1 of Charter of the City of Glendale (“Charter”), Glendale’s councilmembers are elected at large. Elections of councilmembers are staggered in even numbered years to coincide with the date of the statewide primary. The City previously explored transitioning to districts in 2014-15. The City placed a Charter amendment on the ballot in 2015 to permit the City to transition to Council districts, subject to future voter approval of the districts. That Charter amendment – Measure D – did not pass. In addition, the Council received a report in August 2021 but took no action.

Around the same time the City considered Council districts in 2014-15, Glendale Community College (GCC) and Glendale Unified School District (GUSD) transitioned to trustee areas. The GCC Board voted June 16, 2015 to change the at-large method of electing board members to a by-area election and adopted a trustee area map. On May 24, 2016, the GUSD Board of Education moved from an at-large method of electing board members to by-area elections, approving a trustee areas map providing for the district boundaries. Both GCC’s and GUSD’s trustee area elections first became effective during the April 2017 elections.

ANALYSIS
“At Large” v. “District Based” Councilmember Elections
Under California law, a district-based election is a “method of electing members to the governing body of a political subdivision in which the candidate must reside within an 108 of 140

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election district that is divisible part of the political subdivision and is elected only by the voters residing within that district.” Gov’t Code § 14026(a). By contrast, an at-large method includes:
•One in which the voters of the entire jurisdiction elect members to the governing body (Glendale’s current system).
•One in which the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members to the governing body (sometimes referred to as a “ward” system). •One that combines at large elections with district-based elections.

Gov’t Code § 14026(a).

In recent years, many cities have transitioned from at-large elections to district-based elections, often as a result of challenges associated with the California Voter Rights Act.

Pros and Cons of District Based Elections
There are a variety of pros and cons to transitioning to district-based elections, including:

Pros
• Each geographic area of the city is represented by a councilmember that lives in and can represent the interests of the area. For example, in Glendale, it has been pointed that councilmembers who live south of the 134 freeway are rarely elected to Council.
• It will likely reduce the cost to run for City Council since citywide campaigning is not required and there are fewer voters to have to contact. • Each resident will have a specific Council member to contact for assistance. • Voters’ choice may be simplified with fewer candidates in each race and with only one decision to make, compared to having to select 2 or 3 councilmembers in an election.
• Minority candidates may have a better opportunity to be elected with districts.

Cons
• Councilmembers representing only a single district may be more parochial in their viewpoints when considering matters before Council and be less concerned with citywide impacts.
• Districts can create more intra-city council conflict as each member tries to maximize resources for his or her particular district;
• Seats in a district will only be up for election every four years, as opposed to every two years in the citywide process due to staggered terms, meaning voters in the current system have the opportunity to vote for council candidates every two years.
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• District lines will have to be reviewed and redrawn after each census.

Directly Elected Mayor
The Council also requested that this Report discuss the matter of there being a directly elected mayor in the City of Glendale.

Under the City Charter, the Council chooses one of its members as the Mayor. Article VI, Sec. 5 further provides:

The mayor shall preside over the sessions of the council, shall sign official documents when the signature of the council or mayor is required by law, and he [or she] shall act as the official head of the city on public and ceremonial occasions. He [or she] shall have power to administer oaths and affirmations.

Under the state law applicable to general law cities, a city council may submit to the voters of a city at a general or special election the question of whether to thereafter elect a mayor and four councilmembers. Voters may also decide whether a directly elected mayor serves two-year or four-year terms. Under other provisions of the Government Code, the legislative body may submit to the registered voters an ordinance providing for the election of four, six or eight districts, with an elective mayor.

Under state law and many city charters, a directly elected mayor (as opposed to a mayor in a “strong mayor” form of government) is a member of the city council and has all the powers and duties of a member of the city council. Elective mayors’ duties under state law include the signing of written contracts and conveyances. Other duties often assigned to directly elected mayors may include to be the official spokesperson for the City and the Council, to have certain emergency powers, and other duties that may be designated in a city charter or by ordinance.

Procedural Issues
Method of Implementation: Council Ordinance, Charter Amendment, or Combination of the Two
If the Council desires to pursue a transition to Council districts, it must decide whether to seek voter approval of an amendment to the Charter, to pursue mechanisms under state law that would permit a transition without amending the Charter or a combination of the two. As noted above, the City’s at-large election system is set forth in the Charter. Generally, the Charter controls over conflicting state laws in matters of municipal affairs including local elections and the method of electing councilmembers.

However, there is also recent state law that can be interpreted to allow cities, including charter cities, to transition to district-based elections without voter approval.

Specifically, effective January 1, 2020, Government Code Section 34886 (hereafter 110 of 140

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“Section 34886”) authorizes transition to districts as follows:
“Notwithstanding [Government Code] Section 34871 [dealing with submission of district transitions to voter approval] or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval.”
Although this state law is relatively new, it is the assessment of City Attorney and the City’s outside election law counsel that Section 34886 and Elections Code 10010 – which sets forth the process for transitioning to district-based elections – is properly interpreted to authorize the City to transition to 5 Council districts without an amendment to the City Charter. Many jurisdictions with electoral systems set forth in city or county charters have transitioned utilizing the process authorized under Section 34886.

Three potential options are presented for Council consideration at this time, while other options may be available.
•The Council may adopt a resolution declaring a statement of intent that utilizes the Section 34886 process and charter amendments to transition to districts, modify the number of Council seats, create the office of directly elected mayor (and establish duties thereof), and make other amendments to the Charter necessary to make the charter internally consistent with the new provisions of a directly elected mayor, council districts and a modified number of council seats.

The process would establish five council districts through the Section 34886 process which would be superseded by the charter amendments if approved by the voters in March 2024, with the first elections under the new system to take place in June 2026. This would create a default district system in the event voters did not approve the proposed charter amendments. •The Council may adopt a resolution declaring a statement of intent that utilizes the charter amendment process to transition to districts, modify the number of Council seats, create the office of directly elected mayor (and establish duties thereof), and make other amendments to the Charter necessary to make the charter internally consistent with the new provisions of a directly elected mayor, council districts and a modified number of council seats. The City would engage in the public hearing and public outreach process required by law, select proposed maps, and place the charter amendments and maps on the ballot for the March 2024 election, with the first elections under the new system to take place in June 2026
•The Council may adopt a resolution declaring a statement of intent that utilizes the Section 34886 process alone to transition to districts. This process would be 111 of 140

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limited to transitioning to 5 Council districts, with a directly elected Mayor position requiring a separate charter amendment to create such a position as well as modify the Charter to incorporate amendments necessary to make it internally consistent (such as required number of votes on items). Councilmember elections under a Section 34886 transition could take effect as early as March 2024 as they would not require a separate charter amendment.

Process and Timeline
In accordance with Government Code Section 10010, each proposed resolution declaring Council’s intent to transition to Council districts includes an estimated timeline for making the transition. The timelines are estimates only and can be revised by action of the Council. The timelines estimate adoption of district plans and/or completion of proposed Charter amendments by August 2023, although the Council will have additional time to complete the process in time to put potential charter amendment measures on the ballot by December 2023 in time for the March 2024 election. The process would include the following components among others:
•Retention of a Demographer/Districting Consultant: If the Council adopts a statement of intent, the City will need to retain an experienced demographer to analyze the City’s census data and draft maps that comply with federal and state law. The City Manager and City Attorney intend to retain National Demographics Corporation for this purpose (NDC). NDC is a Glendale-based business with substantial experience helping local governments with districting, redistricting, and voting rights act liability analysis since 1979, and has completed over 450 districting and redistricting projects. NDC did the districting work for over 85% of the cities that have moved to some form of by-district elections since adoption of the California Voting Rights Act in 2002 and, in the 2021/2022 redistricting cycle, NDC assisted 215 counties, cities, school districts and special districts with their redistricting work. Clients include Glendale Unified School District , Glendale Community College District, the City of Burbank, and Burbank Unified School District. The proposed cost of NDC’s scope of work is $55,000 which includes preparation of proposed maps, attendance at the public hearings and workshops, preparation of districting website, and public mapping tool, as well as coordination with the County registrar once the map is approved. Staff is requesting a budget appropriation of $55,000 to enter into a contract with NDC. •Public Hearing Process: If transitioning to districts, state law will require that the City have a minimum of four public hearings. Two public hearings would have to occur prior to the drafting/drawings of proposed district maps, either in conjunction with regular or special meetings of the Council. The purpose of the pre-drawing public hearings is to explain the process and timeline to the public, as well as solicit input and answer questions regarding the criteria that will be used to craft the district maps. Also, the public can use these hearings to provide input on which neighborhoods and “communities of interest” (discussed further below) should be preserved into single districts. The other two hearings would 112 of 140

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occur after the drafting of the proposed maps and the maps would have to be published at least 7 days prior to the hearings.

Criterion for Districts
Under the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act adopted by the Legislature, effective January 1, 2020, cities and other political subdivisions must follow specified criteria in establishing district-based elections when transitioning to districts or in any redistricting process.

These include:
•The districts must comply with the United States and California Constitutions, as well as the federal Voting Rights Act;
•The districts shall be substantially equal in population, as required by the United States Constitution, with population equality determined based on the total population of residents of the City as determined by the most recent federal census (incarcerated persons are not counted towards a city population unless an incarcerated person’s last known place of residence is assigned to a census block in the City); and
•The council districts shall not favor or discriminate against a political party.

In addition, the FAIR MAPS Act (Elec. Code §21621(c)) requires cities to adopt district boundaries using the following criteria in the following order of priority:
•To the extent practicable, council districts must be geographically contiguous and areas that meet only at the points of adjoining corners are not contiguous;
•To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its fair and effective representation. Communities of interest do not include political parties, incumbents or candidates; •Districts should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or boundaries of the city; and •To the extent practicable, and where it does not conflict with the preceding criteria, the districts shall be geographically compact in a manner that nearby areas are not bypassed for more distant populations.

It is important to note that the above “priority” criteria do not apply to charter cities, but 113 of 140

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only if the charter city has adopted “comprehensive or exclusive” redistricting criteria in its city charter. “Comprehensive or exclusive criteria” means that the charter excludes consideration of criteria other than those identified in the charter or that the charter provides two or more traditional criteria for redistricting other than the requirement that the districts be equal in population. Elec. Code §21621(e). The City does not have districting criteria in the Charter since Glendale is an at-large jurisdiction. Thus, the City would likely have to comply with the above criteria in its first districting process as it would not have the opportunity to amend its charter prior to embarking on a process this year.

Additional Charter Issues Related to District-Based Elections & Directly Elected Mayor; Other Potential Charter Amendments
If the Council proceeds with an option that modifies the number of Council seats, such a transition will likely conflict with other operative provisions of the Charter.

For example, Article VI, Section 3 of the Charter provides the 3 members of the Council constitute a quorum of the Council and that certain actions of the Council (approval of budgets, ordinances, appropriations and franchises) require 3 votes.

With a larger Council, these provisions would need to be amended or else would be wholly inconsistent with the purpose for which they were enacted – to require a majority of the councilmembers to convene and approve certain matters.

Similarly, the provision of the Charter that requires 4/5 vote of the Council to adopt zoning legislation could technically be applied to a larger Council but may be inconsistent with the purpose for which it was enacted. Other provisions invoke the three-councilmember majority rule as well.

Additionally, if Council proceeds with an option to have a directly elected mayor, such changes would be new, important components to the City governance structure. Charter amendments would be need to help define the role of a directly elected mayor for the City’s residents and avoid confusion in the future.

Additionally, while state law allows a transition to either 5, 7 or 9 districts (or 4, 6, or 8 with a directly elected mayor), as a charter city, the City can devise a system that best fits its needs if it sets forth the system in the Charter via a charter amendment approved by the voters. For example, pursuant to its charter, Pasadena has seven council districts and a directly elected mayor (8 voting members). Pasadena’s Mayor participates and votes as a councilmember and the Charter provides that 5 affirmative votes of the Council are necessary to take any action. Staff seeks direction on options related to the directly-elected mayor and number of Council districts. Staff can return with additional research of examples of duties of the directly-elected mayor if Council provides direction to proceed.

Finally, staff seeks input from Council whether it desires any other charter amendments outside the council-mayor governance issues addressed in this Report. If Council is amenable, staff would like to propose charter amendments to streamline the procurement process related to competitive bidding. Staff 114 of 140

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would provide further information in a subsequent report, but the essence of the amendment would be to authorize flexible types of competitive bidding processes beyond what is expressly authorized in the current Charter.

STAKEHOLDERS/OUTREACH
Not applicable at this time. If the Council adopts a statement of intent, the City will engage in extensive public outreach. Elections Code Section 10010 encourages public agencies to “conduct outreach to the public, including to the non-English-speaking communities, to explain the districting process and to encourage public participation.” The City’s demographer will provide software tools to allow residents the ability review the City- drafted proposals, to propose modifications or to draw their own proposed maps for City consideration. In addition to the four required public hearings, most cities have additional public meetings/workshops to allow members of the public and stakeholders to provide input on what districts should look like. Given the amount of work involved in a short amount of time as well as the importance of having a team with significant public outreach experience in the districting process, staff recommends retention of a consultant with such expertise to assist in the process. Most cities engaged in the district transition process utilize an outreach consultant with specific expertise in the district process. Staff is in the process of soliciting proposals from qualified consultants and will provide additional information as it becomes available.

FISCAL IMPACT
The contract with NDC will cost $55,000, which was not included as a part of the FY 2022-23 budget. Therefore, staff is requesting for an appropriation of $55,000 from City’s General Fund fund balance. The appropriation request is outlined below:

Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$55,000 25300-1010-000 43110-1010-CAD-
1000-P0000
General Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This activity involves organizational and administrative activities of the government related to election procedures and eligibility requirements, and such internal procedural and eligibility changes have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. As such, this action is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs§ 15378. 115 of 140

108e
4 1
1 1

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES

1. The Council may adopt a resolution declaring its intent to transition to council districts utilizing the Section 34886 process (adoption of an ordinance) and a directly elected mayor utilizing a charter amendment process. The Council may adopt a resolution of appropriation for $55,000 to retain a demographer. The Council may provide additional direction on potential charter amendments.

2. The Council may adopt a resolution declaring its intent to transition to council districts and a directly elected mayor utilizing the charter amendment process alone. The Council may adopt a resolution of appropriation for $55,000 to retain a demographer. The Council may provide additional direction on potential charter amendments.

3. The Council may adopt a resolution declaring its intent to transition to five council districts using the Section 34886 process (ordinance) alone. The Council may adopt a resolution of appropriation for $55,000 to retain a demographer. The Council may provide additional direction on potential charter amendments.

4. The Council may select another 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
116 of 140

1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA DECLARING ITS INTENT TO INITIATE PROCEDURES

FOR A TRANSITION FROM AT-LARGE TO DISTRICT-BASED

COUNCIL MEMBER ELECTIONS PURSUANT TO ELECTIONS CODE
SECTION 10010, GOVERNMENT CODE SECTION 34886 AND
PROPOSED AMENDMENTS TO THE CITY CHARTER; AND

APPROVING A TENTATIVE TIMELINE FOR CONDUCTING PUBLIC

HEARINGS, FORMULATING PROPOSED DISTRICT MAPS,

PRESENTING A DRAFT ORDINANCE TO COUNCIL FOR DECISION,

AND PRESENTING PROPOSED BALLOT LANGUAGE FOR

CHARTER AMENDMENTS TO COUNCIL FOR CONSIDERATION

FOR PLACEMENT ON THE BALLOT
WHEREAS, pursuant to Article IV, Section 1 of the City Charter, the five (5) members of the Council of the City of Glendale are currently elected through at-large elections, that is, each member is elected through a city-wide vote; and WHEREAS, the California Legislature amended Elections Code Section 10010 and enacted Government Code Section 34886 to provide a method whereby a jurisdiction can expeditiously transition to a district-based election system under circumstance specified therein; and
WHEREAS, prior to the City Council's consideration of an ordinance to establish district boundaries for a district-based electoral system and holding a public hearing on that proposed ordinance, California Elections Code Section 10010 requires all of the following:

1. Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts.

2. After all draft maps are drawn, City shall publish and make available for release at least one draft map and, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published.

3. The City Council shall also hold at least two (2) additional hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable.

2 WHEREAS, the City will retain an experienced, qualified demographer to assist the City in the development of a proposal for a district-based electoral system; and WHEREAS, in conjunction with a plan to transition from districts, the Council desires to consider changes to the City’s governance structure to include a directly elected mayor and consideration of transitioning from 5 council seats to ____ seats; WHEREAS, the Council desires to submit proposed amendments to the City Charter to the voters, which amendments would create the position of directly elected mayor, modify the number of Council seats to ______, and make other changes to the Charter necessary to make the Charter internally consistent with a modified governance structure.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Glendale, California declares, directs and orders as follows:

1. The Council hereby resolves to consider adoption of an ordinance, as authorized by Government Code Section 34886 and consistent with Elections Code Section 10010, to transition to a district-based election system for use in the City's General Municipal Election for City Council members beginning in March 2026.

2. The Council hereby resolves to consider adoption of ballot measure(s) that would amend the City Charter to modify the governance structure to transition from at-large Council seats to Council districts, create the position of directly elected mayor (including establishment of the duties thereof, modify the number of Council seats from 5 seats to _______ seats and make other amendments to the Charter to make it internally inconsistent with a modified governance structure.

3. Working with the retained demographer and other relevant consultants, staff is directed to publicize and post information regarding the proposed transition to a district-based election system, including options that include a modified number of Council seats, including relevant maps, notices, agendas and other information and to establish a means of communication to receive comments and answer questions from the public.

4. The Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting public hearings to solicit and receive public input and testimony on proposed district-based electoral maps and for the City Council’s evaluation, possible refinement and ultimate adoption of a district- based election system for election of City Council members.

5. The timeline contained in Exhibit A may be adjusted by the Council in future consent calendars as the Council and City Attorney deem necessary or appropriate to enhance the process of receiving public input and Council consideration of districting options, provided that such adjustments shall not prevent the City from complying with the general time frames specified by Elections Code Section 10010 for public hearings, or such other timeframes as may be convenient and appropriate. 118 of 140

3 Adopted this _________ day of April, 2023.

Mayor
Attest:
_________________________
City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
ss. CITY OF GLENDALE )
I, Suzie Abajajian, Ph.D., City Clerk of the City of Glendale, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Glendale at its regular meeting held on the _ day of April, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________
City Clerk
119 of 140

4 EXHIBIT A
TENTATIVE TIMELINE: CONSIDERATION AND IMPLEMENTATION OF "DISTRICT- BASED” ELECTION SYSTEM
TENT. DATE EVENT COMMENT
April 18, 2023 Resolution of Intention
April 18, 2023 – June 13,
2023
Public Outreach &
Workshops
Re: Process & Participation
No Maps Yet Drawn
June 2023 Two Public Hearings Re: Composition of Districts No Maps Yet Drawn
July 5, 2023 Publish Draft Maps and
Potential Sequence of
Elections
At least 7 Days Before
Public Hearings re Content
of Maps
July 2023 Two Public Hearings Re: Content of Draft Maps and Sequencing of Elections
August 8, 2023 Publish Amended Draft
Maps and potential
sequence of Elections and
Election Sequence
7 Days Before Introduction
of Districting Ordinance
August 15, 2023 Hold Public Hearing
Select Map
Introduce Ordinance
Establishing By-district
Elections, Including District
Boundaries & Sequence
August 22, 2023 2nd Reading and Adoption
of Ordinance Establishing
By-District Elections;
Adoption of Resolutions
Placing Charter
Amendments on the Ballot
to Modify Governance
Structure Including
Directly Elected Mayor
and Modification of
Number of Council Seats
March 2024 Election on Charter
Amendments
120 of 140

5 June 2026 Elections in Three New
Districts in Accordance
With Ordinance if
Charter Amendments
Not Approved in March
2024
June 2026 Elections in Majority of
New Council Districts
and Directly Elected
Mayor if Charter
Amendments Approved
in March 2024
March 2028 Elections in Three New
Districts in Accordance
With Ordinance if
Charter Amendment Not
Approved
March 2028 Elections in Remainder of
New Council Districts if
Charter Amendments
Approved in March 2024
121 of 140

1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA DECLARING ITS INTENT TO INITIATE PROCEDURES

FOR A TRANSITION FROM AT-LARGE TO DISTRICT-BASED

COUNCIL MEMBER ELECTIONS PURSUANT TO ELECTIONS CODE
SECTION 10010 AND PROPOSED AMENDMENTS TO THE CITY
CHARTER; AND APPROVING A TENTATIVE TIMELINE FOR

CONDUCTING PUBLIC HEARINGS, FORMULATING PROPOSED

DISTRICT MAPS, PRESENTING PROPOSED BALLOT LANGUAUGE

FOR CHARTER AMENDMENTS TO COUNCIL FOR

CONSIDERATION FOR PLACEMENT ON THE BALLOT
WHEREAS, pursuant to Article IV, Section 1 of the City Charter, the five (5) members of the Council of the City of Glendale are currently elected through at-large elections, that is, each member is elected through a city-wide vote; and WHEREAS, the City Council desires to propose a transition to district-based elections by Charter amendment; and
WHEREAS, in conjunction with a proposal to transition to by-district elections, the Council desires to consider proposals to change to the City’s governance structure to include a directly elected mayor and consideration of transitioning from 5 council seats to ____ seats;
WHEREAS, the City Council wishes to develop maps of single-member districts in conjunction with the voters considerations of the foregoing proposals and California Elections Code Section 10010 requires at a minimum all of the following in conjunction with development and transitioning from at-large to district-based elections:

2 WHEREAS, the City will retain an experienced, qualified demographer to assist the City in the development of proposals for a district-based electoral system; and WHEREAS, the Council desires to submit proposed amendments to the City Charter to the voters, which amendments would provide for district-based elections, create the position of directly elected mayor, modify the number of Council seats to ______, and make other changes to the Charter necessary to make the Charter internally consistent with a modified governance structure.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Glendale, California declares, directs and orders as follows:

1. The Council hereby resolves to consider adoption of ballot measure(s) that would amend the City Charter to modify the governance structure to include transition from at-large Council seats to Council districts, creation of the position of directly elected mayor (including establishment of duties thereof), modify the number of Council seats from 5 seats to _______ seats, and make other amendments to the Charter to make it internally inconsistent with a modified governance structure.

2. Working with the retained demographer and other relevant consultants, staff is directed to publicize and post information regarding the proposed transition to a district-based election system, including options that include a modified number of Council seats, including relevant maps, notices, agendas and other information and to establish a means of communication to receive comments and answer questions from the public.

3. The Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting public hearings to solicit and receive public input and testimony on proposed district-based electoral maps and for the City Council’s evaluation, possible refinement and ultimate adoption of a district- based election system for election of City Council members, consistent with the adoption of Charter amendments by the voters.

4. The timeline contained in Exhibit A may be adjusted by the Council in future consent calendars as the Council and City Attorney deem necessary or appropriate to enhance the process of receiving public input and Council consideration of districting options, provided that such adjustments shall not prevent the City from complying with the general time frames specified by Elections Code Section 10010 for public hearings, or such other timeframes as may be convenient and appropriate. 123 of 140

3 Adopted this _________ day of April, 2023.

Mayor
Attest:
_________________________
City Clerk

STATE OF CALIFORNIA )

Ayes:

Noes:

Absent:

Abstain:
____________________
City Clerk
124 of 140

4 EXHIBIT A
TENTATIVE TIMELINE: CONSIDERATION AND IMPLEMENTATION OF "DISTRICT- BASED” ELECTION SYSTEM
TENT. DATE EVENT COMMENT
April 18, 2023 Resolution of Intention
April 18, 2023 – June 13,
2023
Public Outreach &
Workshops
Re: Process & Participation
No Maps Yet Drawn
June 2023 Two Public Hearings Re: Composition of Districts No Maps Yet Drawn
July 5, 2023 Publish Draft Maps and
Potential Sequence of
Elections
At least 7 Days Before
Public Hearings re Content
of Maps
July 2023 Two Public Hearings Re: Content of Draft Maps and Sequencing of Elections
August 8, 2023 Publish Amended Draft
Maps and potential
sequence of Elections and
Election Sequence
7 Days Before Introduction
of Districting Ordinance
August 15, 2023 Hold Public Hearing; Select
Map; Adopt Resolutions
Placing Charter
Amendments on the Ballot
to Modify Governance
Structure Including
Establishment of By-District
Elections, Directly Elected
Mayor and Modification of
Number of Council Seats
March 2024 Election on Charter
Amendments
June 2026 Elections Consistent with
Voter Approval of Charter
Amendments
125 of 140

1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA DECLARING ITS INTENT TO INITIATE PROCEDURES

FOR A TRANSITION FROM AT-LARGE TO DISTRICT-BASED

COUNCIL MEMBER ELECTIONS PURSUANT TO ELECTIONS CODE
SECTION 10010 AND GOVERNMENT CODE SECTION 34886; AND

APPROVING A TENTATIVE TIMELINE FOR CONDUCTING PUBLIC

HEARINGS, FORMULATING PROPOSED DISTRICT MAPS, AND

PRESENTING A DRAFT ORDINANCE TO COUNCIL FOR DECISION
WHEREAS, pursuant to Article IV, Section 1 of the City Charter, the five (5) members of the Council of the City of Glendale are currently elected through at-large elections, that is, each member is elected through a city-wide vote; and WHEREAS, the California Legislature amended Elections Code Section 10010 and enacted Government Code Section 34886 to provide a method whereby a jurisdiction can expeditiously transition to a district-based election system under circumstance specified therein; and
WHEREAS, prior to the City Council's consideration of an ordinance to establish district boundaries for a district-based electoral system and holding a public hearing on that proposed ordinance, California Elections Code Section 10010 requires all of the following:

4. The first version of a draft map shall be published at least seven (7) days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven (7) days before being adopted; and
WHEREAS, the City will retain an experienced, qualified demographer to assist the City in the development of a proposal for a district-based electoral system.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Glendale, California declares, directs and orders as follows:
126 of 140

2 1. The Council hereby resolves to consider adoption of an ordinance, as authorized by Government Code Section 34886 and consistent with Elections Code Section 10010, to transition to a district-based election system for use in the City's General Municipal Election for City Council members beginning in March 2026.

2. Working with the retained demographer and other relevant consultants, staff is directed to publicize and post information regarding the proposed transition to a district-based election system, including relevant maps, notices, agendas and other information and to establish a means of communication to receive comments and answer questions from the public.

Adopted this _________ day of April, 2023.

Mayor
Attest:
_________________________
City Clerk
127 of 140

3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF GLENDALE )
I, Suzie Abajajian, Ph.D., City Clerk of the City of Glendale, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Glendale at its regular meeting held on the _ day of April, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
____________________
City Clerk
128 of 140

4 EXHIBIT A
TENTATIVE TIMELINE: CONSIDERATION AND IMPLEMENTATION OF "DISTRICT- BASED” ELECTION SYSTEM
TENT. DATE EVENT COMMENT
April 18, 2023 Resolution of Intention
April 18, 2023 – June 13,
2023
Public Outreach &
Workshops
Re: Process & Participation
No Maps Yet Drawn
June 2023 Two Public Hearings Re: Composition of Districts No Maps Yet Drawn
July 5, 2023 Publish Draft Maps and
Potential Sequence of
Elections
At least 7 Days Before
Public Hearings re Content
of Maps
July 2023 Two Public Hearings Re: Content of Draft Maps and Sequencing of Elections
August 8, 2023 Publish Amended Draft
Maps and potential
sequence of Elections and
Election Sequence
7 Days Before Introduction
of Districting Ordinance
August 15, 2023 Hold Public Hearing
Select Map
Introduce Ordinance
Establishing By-district
Elections, Including District
Boundaries & Sequence
August 22, 2023 2nd Reading and Adoption
of Ordinance Establishing
By-District Elections
June 2026 Elections in Three New
Districts in Accordance With
Ordinance
March 2028 Elections in Two New
Districts in Accordance
With Ordinance
129 of 140

M O T I O N
Moved by Council Member _________________________, seconded by Council Member ___________________________, that regarding the Report to Council dated April 18, 2023, regarding potential amendments to the City Charter, the Council directs as follows:

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
130 of 140

131 of 140

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Revision to Council Policy Related to Councilmember Requests to Place Matters on Future Agendas

1. Intro. of Ordinance Amending Section 2.04.080 of the Glendale Municipal Code Pertaining to the Order of Business for Council Meetings

2. Resolution Adopting a Revised Policy Regarding Councilmember Requests to Place Matters on Future Agendas

COUNCIL ACTION
Item Type: Action Item
Approved for April 18, 2023 calendar

EXECUTIVE SUMMARY
The Council requested an item to revise the policy for placing councilmember requests to place matter on future agendas.
132 of 140

28f
4 1
7 2

COUNCIL PRIORITIES
N/A.

RECOMMENDATION
That the Council introduce the proposed ordinance and adopt the propose resolution to modify the process regarding councilmember requests to place matters on future agendas.

BACKGROUND
At its special meeting on March 21, 2023, the Council discussed various governance issues. The Council discussed the policy for placing matters on future agendas. The Council agreed in principle on a revision to the current policy. Rather than a matter being placed on a future agenda if it receives a concurrence from a second councilmember, the Council agreed in principle to a policy that would require that item to be placed on the subsequent regular meeting agenda for Council to discuss whether staff should prepare a report on the item. If the item receives approval of three councilmembers, then staff would be directed to prepare a report on the item.

ANALYSIS
The proposed actions include a proposed resolution revising the Council policy to require a matter requested by an individual councilmember to be agendized at the subsequent regular meeting under “New Business” or a proposed new agenda category – “Discussion of Councilmember Future Agenda Requests.” Staff will not prepare a report, but the Council will discuss whether to direct staff to prepare a report and agendize the matter for a future discussion. With three affirmative Council votes, the matter will be placed on a future agenda. An ordinance amending Section 2.04.080 of the Glendale Municipal Code to add the new agenda category to the Council’s Order of Business is also proposed.

STAKEHOLDERS/OUTREACH
N/A.

FISCAL IMPACT
There is no fiscal impact associated with this item.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This is an administrative item only which is not a “project” under CEQA.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES

1.The Council can introduce the proposed Ordinance and adopt the proposed Resolution to revise the policy regarding placing councilmember requests on future agendas.
133 of 140

38f
4 1
7 2

2.The Council can choose not to introduce the Ordinance or adopt the Resolution.

3.The 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.
134 of 140

Page 1 of 3 ends

ORDINANCE NO. ________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA AMENDING SECTION 2.04.080 OF THE GLENDALE MUNICIPAL CODE, 1995,

PERTAINING TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS BE IT ORDAINED BY THE COUNCIL OF THE GLENDALE CITY:

SECTION 1: Section 2.04.080 of the Glendale Municipal Code, 1995, entitled Order of Business, is hereby amended to read:
“2.04.080 Order of Business.

A. Business shall be taken up for consideration and disposition in the following order:

Order of business:

1. Closed session — one p.m. (1:00 P.M.);

2. Regular business agenda — six p.m. (6:00 P.M.):
a. Flag salute;
b. Invocation;
c. Report of the City Clerk regarding the Posting of the Agenda

3. Presentations and appointments;

4. Consent items;

5. City Council/Staff comments;

6. Community Event Announcements (3 Minutes);

7. Adoption of ordinances;

8. Action items;

9. Hearings;

10.Reports — for information;

11.Written communications;
135 of 140

Page 2 of 3 ends

12.Discussion of Councilmember Future Agenda Requests

12.13. Oral Communications (5 Minutes);

13.14. New Business;

14.15. Adjournment.

B. The foregoing order of business may be altered in any instance at the discretion of the Mayor.”
SECTION 2: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in accordance with law.

Adopted by the Council of the City of Glendale, California this ____ day of __________, 2023.

_____________________________
Mayor
ATTEST:
______________________________
City Clerk
136 of 140

Page 3 of 3 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing Ordinance No. was passed by the Council of the City of Glendale, California, at a regular meeting held on the ________ day of __________________, 2023, and that the same was passed by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_________________________________
City Clerk
137 of 140

RESOLUTION NO. _______________

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA, ADOPTING A REVISED POLICY REGARDING COUNCILMEMBER

REQUESTS TO PLACE MATTERS ON FUTURE AGENDAS
WHEREAS, the Council of the City of Glendale (“Council”) adopted Resolution No. 08-229 on December 16, 2008 to document its policy and practice regarding individual councilmember requests to place matters on future agendas, as well as items for reconsideration/rescission, and timing of placement of matters on future agendas; and WHEREAS, the Council desires to revise its policy regarding councilmember requests to place matters on future agendas.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Glendale, California that:

A. The Council hereby modifies Section 1 of the “Policy Regarding Placing Matters on the Agenda” as follows:
“1. General Policy
An individual Council Member may request at a meeting of the Council that a matter be placed on a future agenda. Said matter shall be placed on the next regular meeting agenda under “New Business” or “Discussion of Councilmember Future Agenda Requests” (if such an agenda category or similar agenda category is created after the adoption of this Resolution). At said regular Council meeting, Council will discuss whether to have staff prepare a report and place said matter on a future agenda. Substantive discussion may occur at this initial point, but the staff will not prepare a report on the item. At the subsequent regular meeting, the Council may, with three affirmative votes, direct staff to prepare a report on the matter for Council consideration and action. The timing of the placement of that matter on a future agenda shall be in accordance with Section 3 of this Policy. The Council may, in its sole discretion, deviate from the Policy set forth herein in any instance. Failure to comply with this Policy shall not void or otherwise affect the validity of an action lawfully taken in compliance with the Brown Act and any applicable public hearing procedures.”
B. Sections 2, 3 and 4 of the Policy (per Resolution No. 08-229) shall remain in effect as follows:
“2. Items for Reconsideration and Rescission
Under Glendale Municipal Code Section 2.04.150, a motion to reconsider may be made only at the meeting at which the vote to be reconsidered is taken. However, the Council may rescind an action taken at a meeting that has been completed by rescinding that action at a subsequent meeting. A motion to rescind an action taken by the Council at a prior meeting, and take further or alternative action on the matter, shall only be placed on an agenda if a Council Member that voted with the majority at the prior meeting requests that said matter be placed on a future 138 of 140

agenda. The Council shall not rescind any action for which it is legally impossible to undo.

3. Timing of Placement of Matters on an Agenda
The Mayor shall have the discretion to control the timing of the placement on future agendas. The Mayor shall work with the City Manager regarding the timing of the placement of matters on future agendas taking into account the need to act on a matter within a certain timeframe and the overall workload of City staff. The Council may direct the timing of the placement of an item on a future agenda only by a majority vote of the membership of the Council (three affirmative votes).

4. City Manager Role
This policy pertains to the ability of individual Council Members to place matters on future agendas. The City Manager is authorized to place matters on the agenda after consultation with the Mayor. Other than with respect to timing, this policy does not govern matters that the Council is legally required to consider at a Council meeting. The City Manager shall also have the authority to place a report on a Council agenda to provide basic information regarding a matter and seek Council input and direction as to whether to prepare a more detailed and/or substantive report on the matter for future Council consideration.” Adopted this _____ day of _________________________, 2023.

Mayor
ATTEST:

City Clerk
139 of 140

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., 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 thereof held on the _____ day of _____________________, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

City Clerk
140 of 140

Glendale City CouncilApril 18, 2023

Glendale City Council
April 18, 2023