Agenda packet — Glendale City Council, October 31, 2023

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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OCTOBER 31, 2023

ROLL CALL

1. CLOSED SESSION
– 1:00 PM ( To Commence at 2:00 PM)
a.

Public Employee Performance Evaluation – City Manager
b.

Public Employee Performance Evaluation – City Attorney

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

Flag Salute: Mayor Dan Brotman
b.

Invocation: Suzie Abajian, City Clerk
c.

Report of the City Clerk, re: Posting of Agenda. The Agenda for the October 31, 2023 Regular Meeting of the Glendale City Council was Posted on October 26, 2023, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, November 7, 2023 b.

Appointment of Dennis Rihn to the Civil Service Commission (Kassakhian/Devine, 10/24/2023)
c.

Reappointment of Chris Cragnotti to the Historic Preservation Commission (Najarian/Brotman, 10/24/2023)
d.

Reappointment of Arlene Vidor to the Arts and Culture Commission (Kassakhian/Brotman, 10/24/2023)

4. CONSENT ITEMS
(Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a.

City Clerk, re: Minutes of the Special City Council and Regular City Council Meetings of October 24, 2023
b.

Public Works, re: Final Map for Vesting Tract No. 82713, for a new 98-Unit Residential Condominium and a one unit Commercial Condominium Subdivision at 520 N. Central Avenue and 521 N. Orange Street.

1. Resolution Approving the Final Map of Vesting Tract No. 82713

5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)

7. ADOPTION OF ORDINANCES

8. ACTION ITEMS
a.

Management Services, re: Ordinance Amending Glendale Municipal Code, 1995, Title 8 Chapter 8.42 To Prohibit the Use, Distribution and Sale of Polystyrene Products on A Citywide Basis

1. Ordinance for Introduction
b.

Public Works, re:

Traffic-Related Electrical Devices Maintenance Program, Award Service Agreement

1. Resolution dispensing with competitive bidding, approving a contract award through a competitive request for proposal procurement process, and authorizing the City Manager or a designee to execute a multi-year service agreement, including the option for two one-year extensions, with Yunex Traffic LLC, to provide maintenance services for the City's traffic signals and other traffic-related electrical devices

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Management Services, re: San Gabriel Mountains National Monument Expansion Support

1. Resolution Supporting San Gabriel Mountains National Monument Expansion

9. HEARINGS

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS

13. 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.

14. NEW BUSINESS

15. ADJOURNMENT

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1 4A
Asatryan, Kassakhian, Najarian, Brotman
None
Devine
None
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Abstain:

A G E N D A
SPECIAL MEETING: GLENDALE CITY COUNCIL COUNCIL CHAMBERS 613 E. Broadway, 2nd Floor
Glendale, CA 91206
OCTOBER 24, 2023
The Special Public Meeting of the Glendale City Council convened in the City Hall Council Chambers, in said City, at 2:03 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:

October 18, 2023
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 2:00 PM on Tuesday, October 24, 2023, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;

1. City Attorney, re: Study Session Regarding City Council Districts and Alternative Voting Methods Including Ranked Choice Voting, Cumulative Voting and Limited Voting
a. Motion Directing Staff
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:

Upon Elen Asatryan at 5:00 p.m. October 18, 2023 Glendale, CA Upon Paula Devine at 5:00 p.m. October 18, 2023 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. October 18, 2023 Glendale, CA Upon Ara Najarian at 5:00 p.m. October 18, 2023 Glendale, CA Upon Dan Brotman at 5:00 p.m. October 18, 2023 Glendale, CA Mayor Brotman called the meeting to order at 2:03 p.m.

ROLL CALL
- All Present
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, October 24, 2023 Special Public Meeting of the City Council was posted on October 18, 2023, on the Bulletin Board Outside City Hall.

Motion to approve Councilmember Devine’s attendance via teleconference Moved: Kassakhian Seconded: Najarian
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2 1. City Attorney, re: Study Session Regarding City Council Districts and Alternative Voting Methods Including Ranked Choice Voting, Cumulative Voting and Limited Voting
Staff Comments:

Roubik Golanian, City Manager
Mike Garcia, City Attorney
Stephanie Mkhlian, Sr. Administrative Analyst
Presenting:

Marguerite Mary Leoni, Nielsen Merksamer
Doug Johnson, National Demographics Corporation
Public Comments:

Karen Kwak
Herbert Molano
Council recessed for five minutes and reconvened at 4:05 p.m. a. Motion Directing Staff
ADJOURNMENT – 4:55 PM
Moved: Asatryan Seconded: Kassakhian
Mayor of the City of Glendale
City Clerk of the City of Glendale
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4A

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
OCTOBER 24, 2023
ROLL CALL – Absent: Devine

1. CLOSED SESSION – 4:56 p.m.
a. Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraphs (d)(2) and (e)(2) of Government Code Section 54956.9: One potential case
b. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Paula Adams, Aymee Martin, Tim Ernst, Jason Bradford and Laura Kalty. The name of the employee organizations is: Glendale Fire Fighters’ Association
c. Conference with Legal Counsel - Pending Litigation: Claim of Mikayalyan, Claim No. 23-0051
City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to closed session at 4:58 p.m.

2. REGULAR BUSINESS AGENDA – 6:10 PM
Roll Call – All Present
a. Flag Salute: Mayor Dan Brotman
b. Invocation: Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the October 24, 2023 Regular Meeting of the Glendale City Council was Posted on October 18, 2023, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, October 31, 2023 Asst. City Manager John Takhtalian provided the preview.

4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.

Item 4d pulled for separate consideration. Item 4f moved to Action item. a. City Clerk, re: Minutes of the Joint City Council and Housing Authority, Special City Council, and Regular City Council Meetings of October 10, 2023 Moved: Najarian Seconded: Devine
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b. Community Services and Parks, re: Amendment Eleven for Los Angeles County Aging and Disabilities Department (AD) Reallocating FY 2022-2023 Home and Community Based Services (HCBS) Nutrition Infrastructure (NI) Funding to FY 2023- 2024 for Elderly Nutrition Program (ENP) services in the amount of $195,214

1. Motion to accept reallocated Home and Community Based Services (HCBS) Nutrition Infrastructure (NI) funding in FY 2023-2024 in the amount of $195,214 for Congregate Meals ($94,371) and Home Delivered Meals ($100,843) for the purchase of approved equipment/fleet to be used for the provision of Elderly Nutrition Program; and authorize the City Manager or a designee to execute Amendment Eleven to the County of Los Angeles Aging and Disabilities Department Contract Subaward Number ENP202106 Subaward period July 2020 – June 2024 to accept and implement Los Angeles County AD funding
Moved: Najarian Seconded: Devine

2. Resolution 23-148 of Appropriation to appropriate $195,214 in HCBS NI funding for FY 2023- 2024 for the purchase of equipment/fleet for the ENP Program Moved: Najarian Seconded: Devine

3. Resolution 23-149 authorizing the donation (transfer) of Adult Recreation Center Central Kitchen equipment to First Baptist Church of Glendale Moved: Najarian Seconded: Devine
c. Police Department, re: Bureau of Justice Assistance 2023 DNA Capacity Enhancement for Backlog Reduction Grant

1. Motion authorizing acceptance of the BJA 2023 DNA Capacity Enhancement for Backlog Reduction Grant and authorizing the City Manager, or a designee, to execute the necessary agreements, certification, and other documents required to accept the Grant
Moved: Najarian Seconded: Devine
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2. Resolution 23-150 to appropriate $250,000 in BJA 2023 DNA Capacity Enhancement and Backlog Reduction Grant funds
Moved: Najarian Seconded: Devine
d. Public Works, re: Professional Services Agreement to Develop the 2025-2045 Glendale Recycling Center Master Plan

1. Motion authorizing the City Manager, or a designee, to award a professional services agreement to HDR Engineering, Inc. to develop the 2025-2045 Glendale Recycling Center master plan
Moved: Najarian Seconded: Devine
e. Public Works, re: Summary Vacation of the City of Glendale’s Sanitary Sewer and Right-of-Way Easement Located on Residential Property at 1248 Corona Avenue, Glendale, CA 91207

1. Resolution 23-151 ordering the summary vacation of the City of Glendale’s sanitary sewer and right-of-way easement on property at 1248 Corona Avenue, Glendale, CA 91207
Moved: Najarian Seconded: Devine
f. Police Department, re: Department of Justice (DOJ) Office of Justice Programs, Request for Authorization to Accept Grant Funds in the amount of $17,592 to be used to Procure Automatic License Plate Reader (ALPR) Equipment Staff Comment:

Robert Williams, Police Captain

1. Motion to Accept Bureau of Justice Assistance (BJA) 2023 Justice Assistance Grant (JAG) funds and authorize the City Manager, or his designee, to execute the necessary agreements, certification, and other documents required to accept the Grant Moved: Devine Seconded: Asatryan
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2. Resolution 23-152 to dispense with competitive bidding and authorize the City Manager, or his designee, to enter into an agreement with Flock Group, Inc. for the procurement of ALPR equipment in an amount not to exceed $18,450 Moved: Devine Seconded: Asatryan

3. Resolution 23-153 to Appropriate $17,592 in BJA FY2023 Local JAG Program Grant funds
Moved: Devine Seconded: Asatryan

5. CITY COUNCIL/STAFF COMMENTS
Councilmember Kassakhian nominated Dennis Rihn to the Civil Service Commission.

Councilmember Devine announced the passing of Glady Kabateck and sent her condolences to the family of the deceased. Kassakhian spoke fondly of Ms. Kabateck and sent his condolences. Devine provided an explanation and apologized for the misunderstanding regarding the comments she had made concerning the Armenian genocide during last week’s meeting.

Councilmember Najarian renominated Chris Cragnotti to the Historic Preservation Commission.

Mayor Brotman renominated Arlene Vidor to the Arts and Culture Commission. Kassakhian and Brotman stated that they interviewed many well-qualified candidates and invited them to get involved in future events. Brotman spoke about his trip last week to South Korea with City Manager Roubik Golanian. He also spoke about the dedication of a new “Oak of Peace” Tree at the Verdugo Adobe and the Filipino-American History Month Celebration. Brotman asked that those who wish to comment during the 3-minute community event announcement portion of the meeting to write down the details of their community event on the speaker card.

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Allan Durham
Emily Rogers
Liz Radley

7. ADOPTION OF ORDINANCES
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8. ACTION ITEMS
Item 4f read next.
a. Community Services and Parks, re: Agreement with eClean Technologies, LLC Presenting:

Onnig Bulanikian, Director of Community Services and Parks

1. Resolution 23-154 dispensing with competitive bidding and approving an agreement for the rental, delivery, and training for thirty-one (31) wall mount aqueous ozone equipment for the sanitization of restrooms and two (2) mobile pressure washers to sanitize other park facilities amenities throughout the City of Glendale in the amount of $304,200 for a 3-year term with the option to buy at the conclusion of the term, and authorizing the City Manager or a designee to enter into and execute an agreement with eClean Technologies, LLC, in an amount not to exceed $304,200 for a 3-year term with the option to buy at the conclusion of the term
Moved: Kassakhian Seconded: Devine

2. Resolution 23-155 of appropriation to appropriate funds in the amount of $205,676 if Council elects to purchase the aqueous ozone equipment instead of the 3-year rental with the option to buy at the conclusion of the term Moved: Kassakhian Seconded: Devine
b. Glendale Water and Power, re: 2024 Integrated Resource Plan Updates Staff Comments:

Roubik Golanian, City Manager
Mark Young, General Manager of GWP
Presenting:

Scott Mellon, Assistant General Manager/Power Management Public Comments:

Jack Walworth
Kate Unger
Teresa Chang
Gustavo Moreno
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1. Motion to note and file report
Moved: Kassakhian Seconded: Devine
c. City Attorney, re: Approval of Second Amendment to City Manager Employment Agreement with Roubik Golanian to Extend the Term of the Agreement and Provide for Salary Adjustments
Staff Comment:

Mike Garcia, City Attorney

1. Motion Approving Second Amendment to City Manager Employment Agreement Moved: Asatryan Seconded: Najarian

2. Resolution 23-156 Establishing Classification Titles and Compensation for Employees of the City of Glendale – City Manager
Moved: Asatryan Seconded: Devine

9. HEARINGS
a. Community Development, re: 926 Hillcroft Road: Consideration of Glendale Register Nomination and Request for a Mills Act Historic Property Contract Hearing opened at 8:02 p.m. and closed at 8:21 p.m.

Presenting:

Jay Platt, Principal Planner
Public Comments:

Neal Collier
Allan Durham
Fernando Roldan
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1. Resolution 23-157 to designate the residential property at 926 Hillcroft Road as a historic resource in the Glendale Register of Historic Resources, as the W.R.

Burnett House, and authorize the City Manager to enter into a Mills Act Historical Property Contract with the property owner
Moved: Devine Seconded: Asatryan

2. Motion to deny the request of the property owner to designate the residential property at 926 Hillcroft Road as a historic resource in the Glendale Register of Historic Resources
b. Community Development, re: Glendale Central Library (222 E. Harvard Street): Consideration of Glendale Register Nomination
Hearing opened at 8:27 p.m. and closed at 8:38 p.m.

Presenting:

Jay Platt, Principal Planner
Public Comments:

Allen Dish
Fernando Roldan

1. Resolution 23-158 to designate the Glendale Central Library as a historic resource in the Glendale Register of Historic Resources Moved: Devine Seconded: Asatryan

2. Motion to deny the designation of the Glendale Central Library as a historic resource in the Glendale Register of Historic Resources

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a. Councilmember Asatryan’s Request for a Report on the Structure of the Friendship and Sister Cities Program
Moved: Najarian Seconded: Kassakhian
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b. Councilmember Asatryan’s Request for a Report on the Glendale Municipal Code Requirements for Recycling Requirements for New Multifamily Construction Staff Comments:

Roubik Golanian, City Manager
Bradley Calvert, Director of Community Development
c. Councilmember Kassakhian’s Request for a Resolution Supporting Senator Alex Padilla’s and Congresswoman Judy Chu’s Efforts Urging the Biden Administration to Expand the Boundary of the San Gabriel Mountains National Monument Moved: Kassakhian Seconded: Devine

13. 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.

Vladimir Arutyunyan
Araik Sinanyan
Vahik Nazari
Anush Nazari
Hugh Modade
Karine Simonyan
Eduard Stepanyan
Herbert Molano
Ramella Eraghi
Allen Dish
Gustavo Moreno

14. NEW BUSINESS

15. ADJOURNMENT – 9:53 p.m.

Moved: Devine Seconded: Najarian
Mayor of the City of Glendale
City Clerk of the City of Glendale
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Final Map for Vesting Tract No. 82713, for a new 98-Unit Residential Condominium and a one-unit Commercial Condominium Subdivision at 520 N.

Central Avenue and 521 N. Orange Street.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for 10/31/2023 calendar

EXECUTIVE SUMMARY
Staff is recommending the approval of a Final Map for the subdivision of Vesting Tract Map No. 82713 for the following applicant to create a new 98-unit residential condominium and a one unit commercial condominium:

Subdivider: Patrick Chraghchian
245 South Los Robles Avenue, Suite 100
Pasadena, CA 91101
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24b
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COUNCIL PRIORITIES
Economic Development: Approval of the Final Map will create additional housing units and commercial unit to help provide more housing and commercial developments throughout the City.

RECOMMENDATION
Approve the resolution recommending the Final Map for Vesting Tract No. 82713, for a new 98-unit residential condominium and a one-unit commercial condominium subdivision, at 520 N. Central Avenue and 521 N. Orange Street.

BACKGROUND
The Final Map process consists of a subdivider preparing a tentative map for review and conditional approval by the city. The Community Development Department and Planning Division review the tentative map and distribute the map for review and comments by other city departments. The Planning Commission then conducts a hearing and provides their conditions of approval. The subdivider then prepares a Final Map for review and approval by Los Angeles County Department of Public Works. After the county approves the Final Map, it is submitted back to the city for further processing.

Once final approvals from the various city departments are obtained, and the Deputy Director of Public Works/City Engineer has stamped and signed the Final Map, it is presented to the City Council for final approval.

For this case, on May 20, 2020, the Vesting Tentative Map for Tract No. 82713 for a proposed new 98-unit residential condominium and a one unit commercial condominium subdivision at 520 N. Central Avenue and 521 N. Orange Street, respectively, was approved by the Planning Commission of the City of Glendale subject to compliance with the Subdivision Map Act, other applicable State statutes, Chapters 16.32 (Final Maps), 16.12.060 (Vesting Tentative Maps) and 16.16 (New Condominiums) of Title 16 and Title 30 of the Glendale Municipal Code, as well as thirty-four conditions of approval.

The conditional approval given by the Planning Commission on this Vesting Tentative Map expired on May 20, 2023, thirty-six months from the date of the Planning Commission’s action. The applicant applied for a time extension on March 20, 2023. On October 18, 2023, the Planning Commission granted a time extension for an additional twenty-four-month period to May 20, 2025.

After obtaining approval from the of Planning Commission, the applicant prepared the Final Map to be submitted to Los Angeles County for review. After the County review was completed, the Final Map was submitted back to the city for further processing.

Signatures and approvals from various City departments, include the Deputy Director of Public Works/City Engineer have been obtained for the Final Map.

Americans with Disabilities Act (ADA)
Not applicable.
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34b
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ANALYSIS
The Final Map for Vesting Tract No. 82713 is now ready for approval by the City Council. The city has received a copy of the Title Report and the Declaration of Covenants, Conditions and Restrictions, establishing a Homeowner’s Association, all of which are in acceptable form.

All conditions of approval of the Vesting Tentative Map have been met and the Vesting Final Map has been found by the Planning Division to be in general conformance with the Vesting Tentative Map. Accordingly, the Director of Community Development and the Deputy Director of Public Works/City Engineer recommend the approval of the Final Map.

STAKEHOLDERS/OUTREACH
Not applicable.

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

ENVIRONMENTAL REVIEW
This project is exempt from California Environmental Quality Act review as a Class 32- "In-fill Development Project" exemption pursuant to state CEQA Guidelines Section 15331 because the project meets all conditions for an in-fill development project.

CAMPAIGN DISCLOSURE
Not Applicable

ALTERNATIVES
Alternative 1: Approve the Final Map for Vesting Tract No. 82713.

Alternative 2: Do not approve the Final Map for Vesting Tract No. 82713. The availability of additional housing will not be increased.

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

ADMINISTRATIVE ACTION
Prepared by:

Cedric Choi, P.E., Civil Engineer I
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Vicinity Map
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4b
RESOLUTION NO. __________

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA APPROVING THE FINAL MAP OF VESTING TRACT NO. 82713, FOR A NEW 98- UNIT RESIDENTIAL CONDOMINIUM AND A ONE (1) UNIT COMMERCIAL CONDOMINIUM SUBDIVISION, AT 520 N. CENTRAL AVENUE AND 521 N.

ORANGE STREET.

WHEREAS, the Final Map of Vesting Tract No. 82713 has been submitted and meets the requirements as set forth in California Government Code Sections 66433, et seq. and is now ready for approval by the City Council; WHEREAS, the City has received a copy of the Title Report and the Declaration of Covenants, Conditions and Restrictions establishing a Homeowner’s Association and same has been reviewed and found to be in an acceptable form; WHEREAS, the Director of Community Development and the Deputy Director of Public Works/City Engineer have found said Final Map to be in general conformance with the Vesting Tentative Map and have certified same as meeting all conditions of approval of the Vesting Tentative Map;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1.Based on the staff report of the Director of Public Works dated November 7, 2023, the certifications of the Director of Community Development and Deputy Director of Public Works/City Engineer; the written and oral testimonies and exhibits thereto, the City Council hereby finds that the Final Map of Vesting Tract No. 82713 meets all the conditions of approval of the Vesting Tentative Map, is in general conformance with said Vesting Tentative Map, and as such is hereby approved.

SECTION 2.The City Clerk is hereby instructed to endorse in due form, such approval upon said Map and affix a City seal thereto and certify the passage of this Resolution.

Adopted this _____ day of ____________, 2023.
____________________________
Mayor, City of Glendale
ATTEST:
__________________________
City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
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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 held on the _____ day of _________________, 2023, the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain: ___________________________
City Clerk
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Ordinance Amending Glendale Municipal Code, 1995, Title 8 Chapter 8.42 To Prohibit the Use, Distribution and Sale of Polystyrene Products on A Citywide Basis.

1. Ordinance for Introduction

COUNCIL ACTION
Item Type: Ordinance
Approved for October 31, 2023 calendar

EXECUTIVE SUMMARY
The proposed ordinance would introduce a ban on the use, distribution, and sale of polystyrene products starting in November 2023. Specifically, the proposed ordinance will prohibit the use, distribution and sale of any polystyrene foodware in conjunction with the sale of prepared food, raw food or beverages, as well as the sale and distribution of polystyrene coolers and polystyrene packaging materials at any location within the City.

Additionally, no person may sell, distribute, or use within the City any meat trays or fish trays, produce trays, and egg cartons made, in whole or in part, from polystyrene. Finally, restrictions on the use of single-use plastic beverage bottles would go into effect for City of Glendale operations.
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COUNCIL PRIORITIES
Operational Efficiency.

RECOMMENDATION
That the City Council introduce an ordinance to prohibit the use, distribution and sale of certain polystyrene products.

BACKGROUND
Since 2021, the City Council adopted two ordinances tackling the use and distribution of single-use plastics and disposable foodware accessories.

Single Use Plastics:

Ordinance No. 5964, adopted in April 2021, prohibits using single-use plastic products to serve prepared foods at certain City-managed, City-run concessions or city- sponsored events located in City-owned or controlled facilities. That Ordinance requires all disposable food service ware used by food or beverage providers who serve prepared food and beverages at a City event to be marine-biodegradable. The City, its contractors, agents, and employees acting in their official capacity are not permitted to purchase, acquire, or distribute for public use non-marine-biodegradable food service ware for use at City events.

Disposal Foodware Accessories:

Ordinance No. 5973, adopted in September 2021, regulates the distribution of disposable foodware accessories. This Ordinance prohibits food and beverage facilities City-wide from providing self-serve disposable foodware accessory dispensers or providing or offering disposable foodware accessories to a dine-in or a take-out customer, except upon customer request. However, a food and beverage facility may ask a drive-through or delivery customer if the customer wants any disposable foodware accessories. In addition, prepared food facilities that use online food ordering platforms are required to provide options on the online ordering platform that enable customers to choose which disposable foodware accessories to include with each online order via an opt-in option.

Adopting the Single Use Plastics and Disposal Foodware ordinances has reduced plastic use and raised awareness of the impact of plastic waste on our environment.

Locally, single-use plastics are a significant source of litter and contamination in recycling programs as confusion surrounds which forms of plastic are acceptable to discard in recycling bins. Littered plastic products cause substantial environmental harm and burden governments with considerable cleanup costs.

Polystyrene and Other Plastic Products:
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On March 22, 2022, City Council approved a motion directing staff to prepare a report on the validity of prohibiting polystyrene, foodware, the use of single-use plastic straws, stirrers and utensils, a disposable cup charge, and reusable foodware for dining on premises.

On November 29, 2022, the City Council directed staff to prepare an ordinance regulating plastic waste, specifically, polystyrene products, single-use plastic straws, stirrers, and utensils. Council also directed that the proposed Ordinance should establish disposable foodware standards, disposable cup charges, reusable foodware dining on-premises standards, and the prohibition of single-use beverage bottles.

On January 10, 2023, staff presented the Plastic Waste Reduction Regulations Ordinance which encompassed Council’s previous direction. However, Council directed staff to provide more public outreach and education before adopting these new regulations and directed staff to undertake an extensive education and outreach campaign on plastic waste regulations focused on:
i. Prohibition on use and or distribution of single-use plastic straws, stirrers, and utensils
ii. Disposable foodware recycling standards
iii. Disposable cup charge
iv. Reusable foodware for dining on premises

Council further directed staff to prepare an ordinance prohibiting the use, distribution, and sale of polystyrene foodware, polystyrene coolers, polystyrene packing materials, polystyrene egg cartons, polystyrene produce trays, and polystyrene meat and fish trays.

ANALYSIS
Staff recommends adopting the proposed polystyrene prohibitions for several important reasons, primary among these is that polystyrene products are notoriously difficult to recycle. According to the UCLA Luskin Center for Innovation 2020, “PS/EPS waste is especially difficult to transport and sort due to its weight. Its low density also makes it difficult for facilities to recover a mass of PS/EPS that is sufficient for recycling in an economically viable manner. PS recycling is thus generally inefficient and not practiced in Los Angeles County, and most PS/EPS goods — including food service ware — are either landfilled or littered.”

Second, many food and beverage providers have voluntarily sought alternatives to polystyrene products. And third, there are plastic alternatives to polystyrene products that are cost-comparable. Finally, studies by the National Center for Biotechnology 22 of 85

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Information, Endocrine Society indicate human health effects associated with polystyrene and plastics, namely from ingestion of microplastics. Plastics contain endocrine- disrupting chemicals linked to increased risk of many chronic diseases.

In preparation for drafting the proposed ordinance Staff researched cities (Culver City, Monrovia, Long Beach, Hermosa Beach, Malibu, Sant Monica) that possess similar polystyrene product prohibitions already in place.

Staff reviewed the scope and scale polystyrene regulations contained in Culver City, Monrovia, Long Beach, Hermosa Beach, Malibu, Santa Monica polystyrene ordinances to determine the which requirements should be included in Glendale’s proposed ordinance (See Exhibit 1 City of Hermosa Beach and Exhibit 2 City of Long Beach).

Based on this review, Staff recommends that the proposed Polystyrene Prohibitions consist of the following requirements:

1. Polystyrene Use, Distribution, and Sale Prohibition
The proposed ordinance prohibits the use, distribution, and sale of polystyrene foodware, polystyrene coolers, polystyrene packing materials, polystyrene egg cartons, polystyrene produce trays, and polystyrene meat and fish trays. The polystyrene prohibition would go into effect 30 days after the adoption of an ordinance and would impact all food and beverage providers and vendors using, distributing, or selling polystyrene products. The proposed ordinance specifies the following (note: capitalized terms used below are defined in the proposed ordinance):

a) No Food or Beverage Provider shall use, distribute, or sell any Polystyrene Foodware in conjunction with the sale of Prepared Food, Raw Food, or Beverages at any location within the City.
b) No Person shall sell or distribute any Polystyrene Foodware or Polystyrene Coolers at any location within the City.
c) No Vendor in the City shall sell, distribute, or use Polystyrene Packing Material, including, but not limited to, foam peanuts, packing peanuts, foam popcorn, or packing noodles within the City.
d) No Person may sell, distribute, or use within the City any Meat and/or Fish Trays, Produce Trays, and/or Egg Cartons made, in whole or in part, from Polystyrene. e) Food and Beverage Providers that distribute Prepared Food, Raw Food, or Beverages in Disposable Foodware or Disposable Foodware Accessories shall:
(1) Not disseminate Disposables that exhibit Resin Code ”No. 6” or ”PS”. 23 of 85

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f) City employees, contractors, agents, and officers acting in their official capacity shall not purchase, use, or distribute Polystyrene Foodware.

2. Costs and Alternative Options
To comply with the regulations, food and beverage providers, packaging stores, and grocery stores would have a six (6) month grace period to use up their supply of regulated polystyrene products purchased within the year preceding the ordinance effective date.

The good news is that alternative products already exist and are in many cases less expensive than polystyrene. Such alternatives include:
a) Reusable Products
b) Plastic Products (to the extent not already prohibited):
i. Polyethylene terephthalate PET
ii. High Density Polyethylene HDPE
iii. Low Density Polyethylene LDPE
iv. Polypropylene PP
c) Fiber/Paper/Chipboard Products
d) Aluminum Products
Item Polystyrene
Cost Per Item1
Case
1000
Cost
Polystyrene
Alternative
Case
1000
Cost
Utensils - wrap set
heavyweight
$0.08 $80.00 $0.05 $52.00
Straws - Jumbo
straight
$0.01 $5.00
Stirrers $2.00
Plates 9” $0.04 $44.00 $0.04 (paper) $34.37
Plates 9” $0.04 $44.00 $0.06 (Compostable
Sugarcane /
Bagasse)
$68.40
Plates 9” $0.04 $44.00 $0.08 (White
Mineral-Filled
Polypropylene)
$82.18
Bowls 12oz $0.06 $60.00 $0.04 $40.00
Platter 9” $0.16 $161.00 $0.14 $141.00
Hinged container
8’ x 8’
$0.12 $115.00 $0.18 $180.00
Cups 16oz $0.06 $64.00 $0.05 $53.00
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Produce Meat
Tray 8 1/4" x 5
3/4" x 3/4"
$0.04 $40.00 $0.06 $60.00
Egg cartons $0.38 $380.00 $0.35 $350.00
Packaging
peanuts 20 cu ft
bag
$35.00 each $29.00 each
Coolers 10.99 each $9.08 each
1 All quotes are current and obtained via https://www.webstaurantstore.com. Except egg cartons.

3. Single Use Plastic Bottles – Prohibition Applicable to City Operations Only Staff recommends that the proposed ordinance include the implementation of a policy within the City’s Administrative Policy Manual that prohibits City employees, representatives, contractors, agents, or officials from using, selling, distributing, or otherwise providing any single-use Plastic Beverage Bottle or Aseptic Paper Packaging while acting on behalf of the City or while acting pursuant to a City contract or agreement.

However, City employees, representatives, contractors, agencies, or officials would not be prohibited from bringing their own food or beverages for personal consumption while acting on behalf of the City or while acting according to the City contract or agreement.

4. Exemptions

The following exemptions are included in the proposed ordinance:

A. The following are exempt from the provisions of this Chapter:
i. Coolers and ice chests, other than those defined as Polystyrene Coolers in this Chapter.
ii. Food brought by individuals for personal consumption. iii. During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and Food Providers and Beverage Providers shall be exempt from the provisions of this Chapter. iv. The Food Provider or Beverage Provider provides or distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food or Beverage Providers that are obligated to purchase or have purchased polystyrene food or beverage service ware under a contract entered within the year before the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The City Manager or designee may exempt any person from the regulations as follows:
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1. A request for an exemption shall be filed in writing with the City Manager or designee. It shall include documentation of the reason for the claimed exemption and any other information necessary for the department to decide.

The department may require the Applicant to provide additional information to make the required determinations.

2. The City Manager or designee may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered. Undue hardship shall be construed to include but not be limited to situations where:
a. There are no reasonable alternatives to polystyrene food service ware for reasons unique to the Applicant; or
b. Compliance with the requirements of this Chapter would deprive a person of a legally protected right.

5. Enforcement.

If the City Council adopts these regulations, they will be enforced through the administrative citation process set forth in GMC Chapter 1.24. The Glendale enforcement process involves issuance of warning notices for a first and second violation. After that, violators would be subject to an administrative fine of $25 per day for a third violation and each subsequent violation, up to a maximum of $300 per calendar year. The proposed fines will be outlined in the fee resolution submitted when the Ordinance comes back for adoption.

An essential aspect of these regulations is the impact on food or beverage facility operators and others subject to the ordinance. The cost to food or beverage facility operators is expected to be varied depending on substitute materials required for compliance with the ordinance.

STAKEHOLDERS/OUTREACH
Staff developed an information campaign around the tagline “Consider the Environment, be Polystyrene Aware”. The objective of the campaign is to specifically addresses the proposed prohibition on polystyrene products and to clearly state the products that will be banned under any such ordinance.

Staff mailed an information packet to 750 food and beverage providers in Glendale. Each packet included:

1. A QR code linking to Armenian and Spanish translation of the information provided. 26 of 85

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2. Information card on the proposed polystyrene prohibition.

3. A letter detailing the proposed polystyrene prohibition.

4. A QR code link to a survey for recipients of the mailing to complete.

5. Website address for the Office of Sustainability with information on the prosed prohibition.

6. In addition, staff hosted an online webinar reviewing the proposed polystyrene prohibition.

7. Emailed business associations directing their members to information on the proposed polystyrene prohibition on:
a. 7/24/23
b. 9/18/23

8. Conducted an In-session briefing at Galleria Food Court.

Survey Results:

Residents Responses:
•66% want City to reduce single use plastic foodware.
•86% Glendale should prohibit single use plastic foodware. •91% Glendale should prohibit Styrofoam products
Business Responses:
•57% agree that important to reduce polystyrene, SUP in landfills and as litter. •78% concerned with costs of alternatives to plastics.
•60% businesses support polystyrene ban.
•71% businesses already trying to reduce SUP.

FISCAL IMPACT
The fiscal impact associated with the implementation of this ordinance will depend upon the desired levels and duration of enforcement.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Staff conducted environmental review and determined the ordinance does not require review under the California Environmental Quality Act (“CEQA”) and that this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations (the CEQA Guidelines) because the adoption 27 of 85

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of this ordinance is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may be a significant effect of the environment, therefore the activity is not subject to the requirements of CEQA. Further the action is exempt pursuant to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for the Protection of the Environment), because these regulations involve the imposition of regulations for the protection of the environment through the reduction of plastic wastes, which include polystyrene, polystyrene packaging materials, single use plastics, from entering the waste stream, and from entering the environment.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: That the City Council introduce an Ordinance Prohibiting Polystyrene Products.

Alternative 2: Do not introduce the Ordinance for Prohibiting Polystyrene Products.

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

ADMINISTRATIVE ACTION
Prepared by:

David Jones, Sustainability Officer
Approved by:

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

EXHIBITS/ATTACHMENTS

1. City of Hermosa Beach Ordinance 19-1398 Polystyrene Ban

2. City of Long Beach Ordinance 20-0009 Polystyrene Ban 28 of 85

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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF GLENDALE AMENDING
TITLE 8, CHAPTER 8.42 OF THE GLENDALE MUNICIPAL CODE, 1995, TO PROHIBIT THE USE OF POLYSTYRENE PRODUCTS

AND SINGLE-USE PLASTICS
WHEREAS, on April 6, 2021, the City Council adopted Ordinance No. 5964 regulating the use of polystyrene and single-use plastics which was principally focused on prohibiting the use of non-marine degradable disposable food service ware in city departments, and by city contractors, agents, and employees at certain city events; and
WHEREAS, Ordinance No. 5964 also required food and beverage providers serving food at a city event to provide marine degradable disposable straws and utensils upon request only, and allowed food and beverage providers to dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events; and
WHEREAS, on September 21, 2021, the City Council adopted Ordinance No. 5973 implementing regulations on the distribution of disposable foodware accessories by food and beverage facilities; and WHEREAS , on January 10, 2023, the City Council considered the introduction of a comprehensive plastic waste reduction ordinance that would repeal and replace Ordinance No. 5964 regulating “Polystyrene and Single Use Plastics” set forth in Glendale Municipal Code, 1995, Chapter 8.42; and WHEREAS , the City Council also directed staff to amend Chapter 8.42 to extend certain regulations on the use of polystyrene products to a city-wide basis and to undertake certain public education programs.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
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SECTION 2. Title 8 of the Glendale Municipal Code, 1995, Chapter 8.42 is hereby amended and restated in its entirety to read as follows:

CHAPTER 8.42

POLYSTYRENE AND SINGLE-USE PLASTIC PRODUCTS

8.42.010 Purpose and findings.

8.42.020 Definitions.

8.42.030 Prohibition on use of non-marine degradable food service ware at city facilities and city events.

8.42.035 Prohibition on the use, distribution or sale of polystyrene foodware, coolers, packing materials,
egg cartons, and produce, meat and fish trays.

8.42.040 Single-use beverage bottles.

8.42.045 Exemptions.

8.42.050 Appeals.

8.42.055 Violations and penalties.

8.42.010. Purpose and findings.

The City Council finds and declares that:

A. As set forth in California Public Resources Code Section 42355, the state Legislature recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs.

B.The state Legislature further declared its intent to ensure that environmental marketing claims, including claims of biodegradation of plastics, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment.

C.Plastics synthesized from petroleum and natural gas do not biodegrade.

Even with the emergence of bioplastics, which are derived from renewable biomass sources, such as plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.

D.Despite continued efforts, and the current availability of non-plastic, 30 of 85

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compostable alternatives, the city continues to see littered plastic, namely plastic straws, stirrers, takeout containers, cups, lids and cutlery. Plastic straws, stirrers, take out containers, cups, lids and cutlery are generally made from polystyrene or polypropylene. The city intends to set a positive example through the adoption of this ordinance, that all disposable, single use food service ware, as defined herein, at city- managed events, city run concessions and city-sponsored events where prepared food is served, must be marine-degradable to reduce or eliminate the amount of disposable food service ware sent to the landfill and the amount of plastic pollution in the ocean.

E.Adoption of additional prohibitions on the use and distribution of polystyrene and single use plastics will be brought back for City Council consideration following completing of further public outreach and education.

8.42.020. Definitions.
“Affected Retail Establishment” means any retail establishment located within or doing business within the geographical limits of the city. “Aseptic Paper Packaging” means shelf-safe packaging that typically contains layers of paper, plastic, and aluminum.
“Beverage” means a consumable drink in a sealed box, bag, can, bottle, or other container of any size, and including, but are not limited to, alcohol, coffee, energy drinks, milk, soy milk, nut milk, juice, soda, soft drinks, sports drinks, tea, yogurt drinks, water, carbonated water, and flavored water.
“Beverage Provider” means any business, organization, entity, group, or individual that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to its members or to the public for consumption. "Bioplastic" means a type of biodegradable plastic derived from biological substances rather than from petroleum.
“City” means the city of Glendale, California, a municipal corporation. “Citywide” means including or involving all parts of the city. "City concession" means a concession that is either operated by city 31 of 85

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employees, that is permitted by the city and operated by third-parties, or is a concessionaire hired by the city.
"City contractor" means any person that enters into an agreement with the city to furnish products or services to or for the city.
"City facility" means any building, structure, property, park, open space, or vehicle, owned or leased by the city.
"City event" means collectively, any city-managed event, city concession, city- sponsored event, as defined herein, or city meeting that is organized, operated, managed or sponsored, in whole or in part, by the city or any department of the city.
"City-managed event" means any event located at a city facility which the city manages and or operates either directly through city employees or through a vendor hired by the city.
“City-sponsored event” means any event, activity or meeting organized or sponsored, in whole or in part by the city or any department of the city. "Compostable" means that all the material in a product or package will disintegrate or break down, or otherwise become part of, usable compost (e.g., soil-conditioning material or mulch) in a safe and timely manner. Compostable material must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM D6868 for composability or cellulose-based packaging capable of being decomposed through composting or anaerobic digestion. "Customer" means any person obtaining goods from an affected retail establishment, vendor or non-profit vendor.
"Disposable food service ware" or "Disposables" means single-use, disposable products used for serving, consuming or transporting prepared food and or beverage (excepting sealed, pre-packaged beverages, e.g., water bottles), including, but not limited to, plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, straws, lids, cutlery, utensils, stirrers, lid plugs (splash sticks), or any container in or on which prepared food or beverages are placed, packaged or served for consumption. "Food or beverage provider" means any business, organization, entity, group or individual, that provides or sells prepared food.
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“Foodware” or “Food service ware” means all containers, utensils, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including without limitation, foodware for takeout foods and or leftovers from partially consumed meals prepared by food or beverage providers. "Non-Profit vendor" means a recognized tax exempt organization which provides goods as a part of its services.
“Person” means any person, business, corporation, or event organizer or promoter; public, non-profit or private entity, agency or institution; or partnership, association, or other organization or group, however organized. “Plastic beverage bottle” means any formed or molded beverage container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single-service container.
"Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, rigid polystyrene and expanded polystyrene, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or 'PS,' either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a resin code.
“Polystyrene Cooler” means any cooler or ice chest made of polystyrene material, where such material is not fully encased in another durable material. "Prepared food and beverages" means any food or beverage prepared using any cooking or food preparation technique and which is offered for consumption at a city event.
"Produce tray" means any tray or carton for vegetable, fruit, or eggs sold to consumers from a refrigerator case or similar retail appliance. "Raw food" means any uncooked meat, fish, poultry, vegetable, fruit, or egg. "Recyclable" means material that can be sorted, cleansed, and reconstituted 33 of 85

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using the city’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. “Resin code” means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling. "Retail establishment" means any commercial business facility that sells goods directly to the ultimate consumer including, but not limited to, grocery stores, pharmacies, liquor stores, "mini-marts," and retail stores and vendors selling clothing, food and personal items.
"Single use plastics" means any plastics and goods that are derived primarily from fossil fuel-based chemicals (petrochemicals) and are meant to be used once and disposed.
"Vegetable, meat or fish tray" means a polystyrene tray used for raw food sold to consumers from a refrigerator case or similar retail appliance. "Vendor" means any store, shop, restaurant, sales outlet, mobile food vendor, pushcart, or other commercial establishment located within or doing business within the city which provides perishable or nonperishable goods.

8.42.030. Prohibition on use of non-marine degradable food service ware at city facilities and city events.

A. Except as otherwise provided in this chapter, all disposable food service ware that food or beverage providers use to serve prepared food and beverages at a city event must be marine-degradable.

B. The city, its departments, contractors, agents and employees acting in their official capacity, shall not purchase, acquire or distribute for public use non- marine degradable food service ware for use at city event.

C. A food and beverage provider serving food at a city event shall provide marine degradable disposable straws and utensils upon request only.

D. Food and beverage providers may dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events.

8.42.035. Prohibition on the use, distribution, and sale of polystyrene foodware, coolers, packing materials, egg cartons, and produce, 34 of 85

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meat or fish trays.

A. No food or beverage provider shall use, distribute, or sell any polystyrene foodware in conjunction with the sale of prepared food, raw food, or beverages at any location within the city.

B. No person shall sell or distribute any polystyrene foodware or polystyrene coolers at any location within the city.

C. No vendor in the city shall sell, distribute or use polystyrene packing material composed in whole or in part from polystyrene, including, but not limited to, foam peanuts, packing peanuts, foam popcorn, or packing noodles within the city.

D. No person may sell, distribute, or use within the city any produce, meat and or fish trays, and or egg cartons made, in whole or in part, from polystyrene.

E. Food and beverage providers that distribute prepared food or raw food or beverages in disposable foodware or disposable foodware accessories shall:

1. Not distribute disposables that exhibit resin code “No. 6” or “PS”.

2. Maintain documentation about the composition of the disposable foodware or disposable foodware accessories. Such documentation shall include information from the either the supplier, the manufacturer, or bulk packaging for the disposables, and information which demonstrates the disposable material is not composed of polystyrene.

F. City employees, contractors, agents, and officers acting in their official capacity, shall not purchase, use, or distribute products composed in part or in whole of polystyrene.

8.42.040. Single Use Beverage Bottles.

No city employee, representative, contractor, agent, or official shall use, sell, distribute, or otherwise provide any single-use plastic beverage bottle or aseptic paper packaging while acting on behalf of the city or while acting pursuant to a city contract or agreement. Provided, however, city employees, representatives, contractors, agencies or officials are not prohibited from bringing their own food or beverages for personal consumption while acting on behalf of the city or while acting pursuant to city contract or agreement.

8.42.045. Exemptions.
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A. The following are exempt from the provisions of this chapter:

1. Coolers and ice chests, other than those defined as polystyrene coolers in this chapter.

2. Food brought by individuals for personal consumption.

3. During a locally declared emergency, the city, emergency response agencies operating within the city, users of city facilities, and food and beverage providers shall be exempt from the provisions of this chapter.

4. Food or beverage provider that provides or distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food or beverage providers that are obligated to purchase or have purchased polystyrene food or beverage service ware under a contract entered within the year prior to the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The city manager or designee may exempt any person from section 8.42.030 of this code, as follows:

1. A request for an exemption shall be filed in writing with the city manager or designee and shall include documentation supporting the reason for the claimed exemption and shall include any other information necessary for the city manager or designee to make a decision. The city manager or designee may require the applicant to provide additional information to in order to make an exemption determination. Applicants shall promptly provide additional information requested by the city manager or designee. Failure to provide such additional information may result in the denial of an exemption request.

2. The city manager or designee may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered.

Undue hardship includes, but is not limited to, situations where:
a. There are no reasonable alternatives to polystyrene food service ware for reasons that are unique to the applicant; or
b. Compliance with the requirements of this chapter would deprive a person of a legally protected right.

8.42.050. Appeals.
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A decision of the city manager or designee on exemption applications shall become final fifteen (15) days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of chapter 2.88 of this code relating to the uniform appeal procedure.

8.42.055. Violations and penalties.

A. Administrative enforcement. The provisions of this chapter may be enforced through the issuance of administrative citation process set forth in Chapter 1.24 of this code. Violators will receive two written warning notices. Thereafter, violators would be subject to an administrative fine of $25 per day for a third violation and each subsequent violation, up to a maximum of $300 per calendar year. The imposition of administrative fines are set by resolution of the city council and may be modified from time to time.

B. Criminal Enforcement . The provisions of this chapter may also be enforced through the criminal prosecution process. Any person who is convicted of violating this chapter shall be guilty of a misdemeanor and upon conviction shall be punished pursuant to Chapter 1.20 of this code. In addition, no permits or license for uses or purposes where the same would violate the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions of this title, shall be null and void.

SECTION 3. Compliance with California Environmental Quality Act.

The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations (the CEQA Guidelines) because the adoption of this ordinance is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may be a significant effect of the environment, therefore the activity is not subject to the requirements of CEQA. The City Council also finds and determines that the action is exempt pursuant to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for the Protection of the Environment), because these regulations involve the imposition of regulations for the protection of the environment through the reduction of plastic wastes, which include polystyrene, polystyrene packaging materials, single use plastics, from entering the waste stream, and from entering the environment.
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SECTION 4. Severability.

This Ordinance is adopted under the authority of the Charter of the City of Glendale and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provision hereof. In this regard the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.

SECTION 5. Effective Date.

This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
____________________________
Mayor
ATTEST:
______________________________
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, DR. SUZIE ABAJIAN, 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
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ORDINANCE NO. ORD-20-0009

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING SECTIONS 8.63.020,

8.63.030, 8.63.050 AND 8.63.070; ALL RELATING TO

PROHIBITING THE USE AND SALE OF SINGLE-USE

FOOD AND BEVERAGE CONTAINERS, PACKAGING AND

FOOD SERVICE WARE MADE OF EXPANDED
POLYSTYRENE (EPS) FOAM, RIGID POLYSTYRENE #6,

AND NON-RECYCLABLE AND NON-COMPOSTABLE

MATERIAL FOR PREPARED FOOD DISTRIBUTION, AND

THE DISTRIBUTION OF PLASTIC OR BIO-PLASTIC
STRAWS
The City Council of the City of Long Beach ordains as follows:

Section 1. Section 8.63.020 of the Long Beach Municipal Code is 19 amended to read as follows:
20 21

8.63.020
A.

Definitions.
"Applicant" means any individual, firm, limited liability 22 company, association, partnership, political subdivision, government 23 agency, municipality, industry, public or private corporation, or any other 24 entity whatsoever who applies for a City of Long Beach special events 25 permit or an exemption to the requirements of this Chapter. 26 B. "City facility" means any building, structure, property, park or 27 open space owned, managed or leased by the City, its agents, agencies, or 28 departments. This includes, but is not limited to, the Queen Mary, the ARW:bg A19-03097 (02-06-20)
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28 Convention Center, the Aquarium, and the Long Beach Airport.

C. "City contractor" means any person who enters into an agreement with the City to furnish products or services to or for the City.

D. "City-permitted event" means any event, activity or meeting occurring under the auspices of a City-issued permit.

E. "City-sponsored event" means any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City.

F. "Compostable" means all the material in the product or package will break down, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner.

Compostable material must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM D6868 for compostability or cellulose-based packaging capable of being decomposed through com posting or anaerobic digestion.

G. "Department" means the Department of Public Works.

H. "Director" means the Director of the Department of Public Works, or his/her designee, who is hereby designated to issue a compliance order or an administrative citation to enforce this Chapter pursuant to Chapter 9.65 of the Long Beach Municipal Code or to grant an exemption to compliance with this Chapter pursuant to Section 8.63.050 of the Long Beach Municipal Code.

I. "Disposable food service ware" or "disposables" means single-use, disposable products used for serving or transporting prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, clamshells, condiment containers, cups or drink ware, cup lids, or any other container in or on which prepared foods are placed or packaged for consumption. This does not include utensils.

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28 J. "Food Provider" means any person or place, other than a "Small Food Provider," that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption. "Food Provider" includes but is not limited to: (1) a grocery store, supermarket, restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. "Food Provider" also includes any Franchise restaurant, drive-thru, cafe, coffee-shop or the like. "Food Provider" also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services.

K. "Franchise" means a food facility in the City that operates under common ownership or control with at least fifteen (15) other food facilities with the same name that offer for sale substantially the same menu items, or operates as a franchised outlet of a parent company with at least fifteen ( 15) other franchised outlets with the same name in the state that offer for sale substantially the same menu items.

L. "Small Food Provider" means a person or place that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption, seating one hundred (1 00) or fewer persons.

M. "Person" means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.

N. "Plastic or Bio-Piastic straw" means a tube made
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28 predominantly of plastic derived from either petroleum or biologically based polymer, such as corn or plant sources, for transferring a beverage from its container to the mouth of the drinker. This includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugarcane, bamboo, etc.

0. "Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to, polystyrene foam or expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The recycle code for polystyrene is "6" or "PS," either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a recycle code.

P. "Polystyrene Beads" means expanded polystyrene foam
beads used as filler for toys and beanbags and in crafts.

Q. "Polystyrene Cooler" means any cooler or ice chest made of polystyrene foam, where such foam is not fully encased in a durable material.

R. "Polystyrene food service ware" means disposable food service ware that contains or utilizes polystyrene. This includes but is not limited to cups, cup lids, condiment cups, food trays, plates, bowls, clamshells and any other product made primarily for food service use.

S. "Prepared food" means any food or beverage that is: (1) ready to consume without any further food preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a Food Provider using any cooking, packaging or food preparation technique. Prepared food may be ARW:bg A19-03097 (02-06-20)
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28 eaten either on or off the Food Provider's premises.

T. "Recyclable" means material that can be sorted, cleansed and reconstituted using the City's available Residential Recycling Program excluding Plastic containers labeled #6 and any Polystyrene.

U. "Recycle code" means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling.

V. "Special events" means events that are open to the general public and take place within the public right-of-way or are located within a park and/or are coordinated through the City of Long Beach's special events permit process.

W. "Utensil" means a knife, fork, spoon, spark, chopstick, or the like, used for eating food.

Section 2. Section 8.63.030 of the Long Beach Municipal Code is amended to read as follows:

8.63.030 Prohibition against distribution or sale of polystyrene food service ware.

A. No Food Provider shall distribute or sell any polystyrene food service ware in conjunction with the sale of prepared food or beverages at any location within the City of Long Beach.

B. Food Providers that distribute prepared food or beverages in disposable food service ware shall: (1) distribute only disposables that are either Recyclable or Compostable, and if plastic, exhibit a recycle code other than No. 6 or PS; and/or (2) maintain documentation about the composition of any disposable food service ware that does not exhibit a recycle code. Documentation may include information from the supplier or manufacturer, bulk packaging for the disposables, and any other relevant ARW:bg A19-03097 (02-06-20)
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28 information demonstrating that the disposable material is not polystyrene and is either Recyclable or Compostable.

C. No person shall distribute or sell prepared food or beverages in any polystyrene food service ware at City facilities that have been rented, leased or are otherwise being used with permission of the City. If disposables are distributed or sold, they shall be either Recyclable or Compostable. This Subsection is limited to use of City facilities for which a person has entered into an agreement with the City to rent, lease or otherwise occupy a City facility. All facility rental agreements for any City facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of polystyrene food service ware while using City facilities. The facility rental agreement shall indicate that a violating contractor's security deposit will be forfeited if the Director determines that polystyrene food service ware or disposables that are neither Recyclable nor Compostable was used in vi.olation of the rental agreement.

D. No person shall use or distribute polystyrene food service ware at City-sponsored events, activities and City meetings open to the public. This Subsection shall apply to the function organizers, agents of the organizers, City contractors, and Food Providers.

E. The City, its departments, its City contractors, agents, and employees acting in their official capacity, shall not purchase, acquire or distribute for public use any polystyrene food service ware or disposables that are neither Recyclable nor Compostable, or Polystyrene Coolers.

F. All Food Providers shall certify compliance with this Chapter as part of the Environmental Health inspection process.

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28 product which is not wholly encapsulated or encased within a more durable material, except as exempted herein. This specifically includes, but is not limited to, cups, cup lids, condiment cups, food trays, plates, bowls, clamshells and other products primarily for food service use, as well as Polystyrene Coolers and ice chests.

H. No person, vendor, business or event promoter in the City shall sell, distribute, or otherwise provide polystyrene packing material, including, but not limited to, foam peanuts, packing peanuts, foam popcorn or packing noodles.

I. No person, vendor, business or event promoter may sell, rent, or otherwise distribute within the City meat and fish trays, produce trays or egg cartons made, in whole or in part, from polystyrene, either as separate items or as part of the sale of meat, fish, poultry, vegetables, fruit, or eggs sold to consumers.

J. Straws and utensils shall only be provided upon customer request at all food establishments, including at City facilities. All straws must not be plastic or bio-plastic straws.·
Section 3. Section 8.63.050 of the Long Beach Municipal Code is amended to read as follows:

8.63.050 Exemption from compliance with this Chapter:

A. The following are exempt from the provisions of this Chapter:

1. Food prepared or packaged outside of the City,
provided such food is not altered, packaged or repackaged within the City limits.

2. Coolers and ice chests, other than those defined as
Polystyrene Coolers in this Chapter.

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28 to City facilities, including but not limited to City parks, provided the City facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event requiring a special events permit from the City.

4. City-sponsored or City-permitted events for which
authorizations or permits were issued prior to the operative date of this ordinance; except events for which multi-year authorizations or permits were issued, which must comply within three hundred sixty-five (365) days of the operative date of this ordinance.

5. During a locally declared emergency, the City,
emergency response agencies operating within the City, users of City facilities, and Food Providers and beverage providers shall be exempt from the provisions of this Chapter.

6. The Food Provider or beverage provider provides or
distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food Providers that are obligated to purchase or have purchased polystyrene food service ware under a contract entered into within the year prior to the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The Director may exempt any person from Section 8.63.030 following the operative date of this ordinance, as follows:

1. A request for an exemption shall be filed in writing with the Director and shall include documentation of the reason for the claimed exemption and any other information necessary for the department to make its decision. The department may require the Applicant to provide additional information as necessary to make the required determinations.

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2. The Director may grant an exemption for a maximum of 8 61 of 85

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28 one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered. Undue hardship shall be construed to include but not be limited to situations where:
a. There are no reasonable alternatives to
polystyrene food service ware for reasons that are unique to the Applicant; or
b. Compliance with the requirements of this
Chapter would deprive a person of a legally protected right.

3. The Director's written decision on the exemption is
effective within ten (1 0) days of the decision. Decisions of the Director may be appealed by the person applying for the exemption utilizing the process outlined in Section 8.63.080.

Section 4. Section 8.63.070 of the Long Beach Municipal Code is amended to read as follows:

8.63.070
A.

Operative date.

No City facilities, City contractors, City-sponsored events or City-permitted events shall distribute or utilize disposable food service ware containing polystyrene on or after three (3) months following the adoption of the ordinance codified in this Chapter by the City Council. City-sponsored or City-permitted events for which authorizations or permits were issued prior to the operative date of this Ordinance are exempt as provided in Subsection 8.63.050.A.4. City-sponsored or City-permitted events which are authorized or permitted for multiple years must comply within three hundred sixty-five (365) days of the operative of this ordinance.

B. No Food Provider shall distribute or utilize disposable food service ware containing polystyrene on or after nine (9) months following 9 ARW:bg A19-03097 (02-06-20)
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28 the operative date of the ordinance codified in this Chapter by the City Council.

C. No Small Food Provider shall distribute or utilize disposable food service ware containing polystyrene on or after eighteen (18) months following the operative date of the ordinance codified in this Chapter by the City Council.

D. No person shall sell or distribute Polystyrene Beads for crafts or as filler for bean bags, or Polystyrene Coolers on or after eighteen (18) months following the adoption of the ordinance codified in this Chapter by the City Council.

E. The prohibition against retail sales contained in Section

8.63.030 (G), (H) and (I) shall be effective on or after October 1, 2020.

Section 5. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

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1 I hereby certify that the foregoing ordinance was adopted by the City 2 Council of the City of Long Beach at its meeting of ------=F_,e-"'-br"-'u"'a"r 1 y----'-'18;__ ___ , 2020, 3 by the following vote:
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Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

Approved: JIJ(pO1 ( ate)
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Zendejas, Pearce, Supernaw, Mungo,
Uranga, Austin.

None.

Prtce. Andrews, Richardson.

None
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Traffic-Related Electrical Devices Maintenance Program, Award Service Agreement

1.Resolution dispensing with competitive bidding, approving a contract award through a competitive request for proposal procurement process, and authorizing the City Manager or a designee to execute a multi-year service agreement, including the option for two one-year extensions, with Yunex Traffic LLC, to provide maintenance services for the City's traffic signals and other traffic-related electrical devices.

COUNCIL ACTION
Item Type: Action
Approved for October 31, 2023 calendar

EXECUTIVE SUMMARY
A service agreement is needed to continue maintenance of the city’s traffic signals and other traffic-related electrical devices.

Following a Request for Proposals (RFP) process, the service team of Yunex Traffic LLC is recommended to perform maintenance of traffic signals and other traffic-related electrical devices in the city. An RFP process was used instead of traditional competitive bidding process due to the undefinable nature of this maintenance and repair work, and the flexibility that is required for the vast span of equipment and devices requiring service and ongoing evolution of this technology. The proposed service agreement with Yunex Traffic LLC for a base contract period ending June 30, 2027, with the option for two one-year extensions will cost $5,499,529. 65 of 85

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COUNCIL PRIORITIES
Mobility, Traffic and Pedestrian Safety: Traffic-related electrical devices are crucial for safety and mobility in Glendale. Maintaining traffic signals is vital, as they regulate traffic, provide controlled crossings for pedestrians, reduce accidents, and improve safety for all roadway users.

Operational Efficiency: Well-maintained traffic signals and other traffic-related electrical devices ensure safe roadways and efficient operations of the city’s transportation system.

RECOMMENDATION
Approve a resolution dispensing with competitive bidding, approving a contract award process through a request for proposal procurement process, and authorizing the execution of a multi-year service agreement with the option for two one-year extensions with Yunex Traffic LLC for the Traffic-Related Electrical Devices Maintenance Program in the amount of $5,499,529.

BACKGROUND
The city currently operates 242 traffic signals, 9 signalized pedestrian crosswalks, 62 flashing beacons, an in-pavement lighted crosswalk, numerous radar speed feedback signs, and an extensive underground fiber optic communications network that links the traffic signal system for optimal coordination in a modern traffic environment.

Collectively, these devices have an estimated replacement cost surpassing $150M, and are critical assets to the city. While designed and manufactured with durability in mind, traffic signals and electrical devices must be diligently maintained, and when needed, quickly repaired, in order to maintain public safety, reduce greenhouse gases, and improve mobility at intersections for all modes of travel, with an emphasis on bicyclists, pedestrians, transit, and emergency vehicles.

Activities for a traffic signal maintenance contractor can generally be divided into three basic categories: routine preventive maintenance, extraordinary maintenance, and operational and equipment modifications. Each are described below:
•Preventative maintenance activities are comprised of routine scheduled inspections and testing to ensure all equipment is in good working condition. Any equipment or component that is found unserviceable or operating below required standards is replaced in the process. Preventive maintenance activities reduce the incidence of malfunctions, outages, and complaints, as well as extend the useful life of the equipment.
•Extraordinary maintenance activities are comprised generally of non-recurring and unscheduled work. Examples of extraordinary maintenance include responding to reports of signal controller malfunctions, intersections on 4-way flash, burned-out lamps, and equipment knockdowns and malfunctions. This category also includes trouble-shooting traffic detection, monitoring and 66 of 85

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communication systems, as well as investigating operational complaints. Marking the locations of underground traffic signal equipment when requested under Government Code Section 4216 ("dig-alert'') is also an extraordinary maintenance activity.
•Lastly, a key function of any traffic signal maintenance contractor is to assist with implementing operational and equipment changes as traffic volumes, patterns, safety needs and conditions necessitate. Such activities would include, but not be limited to, modifying, or upgrading existing traffic signal equipment, installing new flashing beacon systems, adding protected left-turn phasing for traffic signals, implementing signal timing changes, providing technical support during signal construction, and bench-testing new equipment prior to field deployments.

In the past, the City of Glendale has opted to contract private companies for its traffic signal maintenance needs. This choice was driven by the staff’s belief that outsourcing this maintenance is more cost-effective compared to maintaining a dedicated city crew, which would involve acquiring and upkeeping specialized vehicles, equipment, parts, and storage facilities.

The city’s current traffic signal maintenance agreement is with Econolite Systems, which originally expired on September 30, 2023. The City extended this contract on a month- to-month basis until January 31, 2024. Econolite Systems has provided signal maintenance services to the city for the past 5 years, having been selected through a competitive RFP process in 2018.

Due to the largely undefinable nature of this work, as well as the highly technical and complicated extent of the work including electrical trades and software and hardware maintenance, as well as emerging technologies, the procurement for a service provider for the Traffic-Related Electrical Devices Maintenance Program does not readily lend itself to a competitive bidding process whereas a competitive Request for Proposal procurement process is better suited for obtaining a qualified service provider, as it allows for an evaluation of proposals based on important criteria that cannot be considered in a rigid low bid process , such as technical expertise and flexibility. For this reason, dispensing with competitive bidding to award a service agreement is recommended.

This agreement will cover numerous devices that require maintenance and repair in traffic signals, flashing beacons, speed radar systems and related electrical systems. A traffic Signal controller cabinet for example, contains many individual sensors, wires, relays and timer devices within the cabinet that require individual troubleshooting, repair or replacement to resolve electrical issues. Furthermore, as technology improves and newer devices are installed, the maintenance contractor must be able to maintain a variety of equipment including older traffic signals as well as newer technology. Thus, 67 of 85

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the proposed service agreement is designed to provide flexibility to allow for maintenance activities of many different types of devices that vary for each location.

Maintenance of public works contracts that follow a formal competitive bidding process requires a specific scope of work, including specific labor tasks and materials. The maintenance services covered in the proposed service agreement allows for tasks that are unknown until failures or damages occur and do not have a specific timeline or list material until the problem is resolved. The RFP process allows city staff to evaluate the capacity of proposing firms to repair and maintain traffic signal equipment in Glendale and quickly respond to device outages. Due to the nature of traffic signal maintenance services, many other California cities have also opted to procure these services in 2023 from an RFP process such as Azusa, Morgan Hill and Arroyo Grande.

ANALYSIS
To ensure safe roadways and efficient operations of the city’s transportation system, staff recommends using a professional maintenance and repair services firm.

An RFP was issued on June 26, 2023, for maintenance of traffic signals and other traffic-related electrical devices. To further ensure competitive proposals, the city shared the RFP with experienced electrical contractors, posted the solicitation on the city's website, and advertised in the Crescenta Valley Weekly.

On July 27, 2023, the city received three proposals for the Traffic-Related Electrical Devices Maintenance Program under RFP# 2023-006.

An evaluation team of staff from Public Works reviewed the proposals. The proposals were all ranked based on the following criteria: qualifications and experience, quality of submittal, understanding of scope and methodology, and cost/budget control. All the proposers for each project were then interviewed.

Based on the combination of written submittals and the results of the interviews, the Yunex Traffic LLC team was determined to be the top ranked firm for the Traffic-Related Electrical Devices Maintenance Program.

Yunex Traffic LLC has recent experience on a variety of Public Works maintenance programs of similar scope and cost. They currently maintain traffic signals, streetlights, fiber optic, and other related equipment for over 138 agencies encompassing over 4,000 signalized locations of assorted sizes from full function intersections to in- pavement flashing crosswalks and rapid flashing beacons. They have also successfully delivered similar projects for the cities of Anaheim, Garden Grove, and Newport Beach.

Moreover, they recently completed the Citywide Battery Backup System (BBS) Project.

City staff also checked Yunex Traffic LLC’s references, which were all positive.

It is also worth noting that Yunex Traffic LLC earned the highest ranking due to its 68 of 85

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exceptional quality service, a proposed robust maintenance program, a dedicated project team for Glendale, versatile capabilities, and the availability of additional resources that can be directed to our city. Furthermore, the firm possesses valuable expertise and in-house capabilities in troubleshooting communication systems. They also offer a sophisticated yet user-friendly asset management and activity tracking system. This system is a comprehensive database containing details about each signalized location (design, operational information, maintenance schedules, equipment inventory, history, etc.), the status of pending extraordinary maintenance activities, and tools to help city staff generate reports for monitoring budget and performance.

The below table shows the estimated costs of the traffic signal maintenance program for FY 2023-24 through FY 2026-27 for the base multi-year contract and FY 2027-28 through FY 2028-29 for the optional one-year contract extensions. The costs are broken into three components based on Yunex Traffic LLC’s proposed fees.

1. Preventive maintenance: Costs are calculated based upon unit prices provided by Yunex Traffic LLC to maintain various device types. The respective unit prices are multiplied by the number of corresponding traffic devices that the city currently maintains. These costs can increase as additional devices are installed in the future.

2. Extraordinary maintenance: Costs are for repairing malfunctioned or damaged traffic equipment, responses to emergency knockdowns, markings for underground facilities, and miscellaneous services. These costs are estimated based on historical maintenance records and labor/equipment rates provided by Yunex Traffic LLC.

3. Installations and modifications: When requested by the city, Yunex Traffic LLC will perform traffic signal modifications and installations of new traffic-related electrical devices for small-scale projects such as, but not limited to, adding protected left-turn phasing for traffic signals and installing flashing beacons.

Contract Component
FY 23-24
(Five
Months)
FY24-25 FY25-26 FY26-27
FY27-28
(Optional
One-Year
Extension)
FY28-29
(Optional
One-Year
Extension)
Total
Preventive Maintenance $145,510 $359,701 $370,492 $381,606 $393,055 $404,846 $2,055,210 Extraordinary
Maintenance $176,080 $435,270 $448,328 $461,778 $475,631 $489,900 $2,486,987 Installation &
Modifications $67,780 $167,551 $172,578 $177,755 $183,088 $188,580 $957,332 69 of 85

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Total Estimate $389,370 $962,522 $991,398 $1,021,139 $1,051,774 $1,083,326 $5,499,529 Grant funding is not associated with this signal maintenance agreement. There are no revenue offsets associated with this agenda item. In addition, there are no additional staffing or personnel costs associated with this item.

Project Description: Traffic-Related Electrical Devices Maintenance Program
RFP Approved: N/A
Advertisement Method: Bid America, The Blue Book, Construction Bid Board, Construct Connect, Direct Connection, PlanIT
Reprographics, Dodge Data & Analytics, eBidBoard,
Glendale Independent Newspaper, City’s website
RFP Issued: June 26, 2023
RFP Due Date: July 27, 2023
Company Name (s): 1. Yunex Traffic, LLC

2. Econolite Systems, Inc.

3. Crosstown Electrical & Data, Inc.

Selection Criteria: Qualifications and experience, quality of submittal, understanding of scope and methodology, and
cost/budget control
Recommended
Consultant
Yunex Traffic LLC
New / Existing
Consultant:

Existing
Procurement Method: RFP
Contract Term: 3 years and 5 months; Option for two one-year extensions
Contract Begins: Upon signing of contract
Contract Ends: Upon the expiration date of the contract 70 of 85

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STAKEHOLDERS/OUTREACH
Not Applicable.

FISCAL IMPACT
The service agreement with Yunex Trafffic LLC for the Traffic-Related Electrical Devices Maintenance Program will cost $5,499,529 for five years and five months term. The cost for these services for five months in FY 2023-24 is $389,370 which was approved as a part of the FY 2023-24 budget. No new appropriation is being requested at this time.

Staff anticipates a 3% annual increase in costs based on the assumption of a 3% annual increase in the Consumer Price Index of Los Angeles County, as published by the US Department of Labor. Future year costs will be budgeted as part of the annual budget process. The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$389,370 GL: 43110-1010-PWD-7516-P0000 General Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The Project is categorically exempt from environmental review because of CEQA Guidelines §§ 15301.

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 percent 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
The alternatives related to the proposed Motion and Resolution are as follows:

Alternative 1: Approve the resolution dispensing with competitive bidding and authorizing a service agreement with Yunex Traffic LLC for the Traffic- Related Electrical Devices Maintenance Program for $5,499,529 for five years and 5 months.

Alternative 2: Do not approve the motion to authorize a service agreement with Yunex Traffic LLC for the Traffic-Related Electrical Devices Maintenance Program. The current traffic signal maintenance contract will expire on January 31, 2024, and the city will not be able to ensure safe roadways and efficient operations of the city’s transportation system. 71 of 85

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

ADMINISTRATIVE ACTION
Prepared by:

Pastor Casanova, T.E., Principal Traffic Engineer
Saed Roudsari, P.E., Traffic Engineer II
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Project Location Map
Exhibit 2: Campaign Disclosure Forms
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3 RESOLUTION NO. __________

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA DISPENSING WITH COMPETITIVE BIDDING; APPROVING A CONTRACT AWARD

THROUGH A COMPETITIVE REQUEST FOR PROPOSAL PROCUREMENT
PROCESS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE

A MULTI-YEAR (THREE YEARS AND FIVE MONTHS) SERVICE AGREEMENT WITH YUNEX TRAFIC LLC FOR MAINTENANCE SERVICES FOR THE CITY’S TRAFFIC

SIGNALS AND OTHER TRAFFIC-RELATED ELECTRICAL DEVICES IN THE AMOUNT OF $2,975,058, WITH AN OPTION FOR TWO ONE-YEAR EXTENSIONS

FOR A TOTAL AGREEMENT DURATION OF FIVE YEARS AND FIVE MONTHS AND TOTAL AGREEMENT AMOUNT OF $5,499,529
WHEREAS, the Public Works department is responsible for maintaining traffic signals and other electrically powered traffic devices, including preventive and responsive activities to preserve traffic signal infrastructure necessary for the safe and efficient utilization of the city’s streets; and
WHEREAS, essential to these services is the ability to provide flexible, responsive, efficient, and effective services in order to maximize mobility and safety to the public; and
WHEREAS, due to the largely undefinable nature of this work, as well as the highly technical and complicated extent of the work including electrical trades and software and hardware maintenance, as well as emerging technologies, the procurement for a service provider for the Traffic-Related Electrical Devices Maintenance Program does not readily lend itself to a competitive bidding process; and WHEREAS, a competitive Request for Proposal (RFP) process is better suited for obtaining a qualified service provider, as it allows for an evaluation of proposals based on important criteria that cannot be considered in a rigid low bid process, such as technical expertise and flexibility; and
WHEREAS, on June 26, 2023, the City of Glendale released a Request for Proposals (RFP) 2023-006 for the maintenance of traffic signals and other traffic-related electrical devices; and
WHEREAS, the RFP process was selected so that the service agreement will cover the wide-range of potential troubleshooting, maintenance and repair services that may be needed in the duration of the agreement that may currently be unknown or otherwise difficult to quantify; and
WHEREAS, the RFP was shared with experienced electrical contractors, posted on the city's website, and advertised in the Crescenta Valley Weekly; and 73 of 85

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3 WHEREAS, on July 27, 2923, the city received three proposals and staff reviewed and evaluated all proposals based on the following criteria: qualifications and experience, quality of submittal, understanding of scope and methodology, and cost/budget control. Additionally, all proposers were interviewed; and WHEREAS, based on a combination of written submittals and the results of the interviews, the Yunex Traffic LLC team was determined to be the top ranked firm for the Traffic-Related Electrical Devices Maintenance Program; and WHEREAS, Yunex Traffic LLC has recent experience on a variety of Public Works maintenance programs of similar scope and cost such as for the cities of Anaheim, Garden Grove, and Newport Beach and they currently maintain traffic signals, streetlights, fiber optic, and other related equipment for over 138 agencies encompassing over 4,000 signalized locations of assorted sizes from full function intersections to in-pavement flashing crosswalks and rapid flashing beacons; and WHEREAS, Yunex Traffic LLC proposed a robust signal maintenance program with a project team dedicated to Glendale, versatile capabilities and the ability to deploy additional resources to Glendale if needed; and
WHEREAS, Yunex Traffic LLC demonstrated they possess valuable expertise and in-house capabilities in troubleshooting communication systems and a sophisticated yet user-friendly asset management and activity tracking system; and WHEREAS, Yunex Traffic LLC recently completed the Citywide Battery Backup System (BBS) Project for Glendale and their references were all positive; and WHEREAS, bidding out the signal maintenance program may lead to increased costs such change orders and additional mobilization expense due to the nature of the program and responding emergency events, 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.

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:

Section 1. The foregoing facts are deemed to be true and correct and are a basis for dispensing with competitive bidding and the Council hereby finds that it is in the best interests of the city to dispense with competitive bidding, approve a contract award through a competitive request for proposal procurement process, and authorize the execution of an agreement with the highest scoring proposer.

Section 2.The Council hereby:
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3 (1) Dispenses with competitive bidding; and
(2) Authorizes the City Manager or a designee to execute a multi-year service agreement with Yunex Traffic LLC for the Maintenance of Traffic Signals and other Traffic-Related Electrical Devices in the amount of $2,975,058 for three years and five months and authorizes an option for two one-year agreement extensions for a total agreement duration of five years and five months and total agreement amount of $5,499,529.

Adopted this _____ day of ____________, 2023.
____________________________
Mayor, City of Glendale
ATTEST:
____________________________
City Clerk

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 held on the _____ day of _________________, 2023, the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
___________________________
City Clerk
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EXHIBIT 2
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EXHIBIT 2
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AGENDA ITEM

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL
Report: San Gabriel Mountains National Monument Expansion Support

1. Resolution Supporting San Gabriel Mountains National Monument Expansion

COUNCIL ACTION

EXECUTIVE SUMMARY
On October 24, 2023, Council requested a resolution supporting the San Gabriel Mountains National Monument Expansion effort. The San Gabriel Mountains draw around 4 million visitors annually. With over 18 million people residing within a 90-mile radius, an expansion of the existing San Gabriel Mountains National Monument, designated in 2014 by President Obama, is proposed.

This expansion, championed by Senator Alex Padilla and Representative Judy Chu, aims to protect an additional 109,000 acres, enhancing equitable access to nature, promoting public health, safeguarding drinking water sources, and addressing climate and biodiversity concerns. The initiative, supported unanimously by various entities including LA County Board of Supervisors, LA Mayor Bass, indigenous communities, and state agencies, seeks the City's endorsement to urge President Biden to preserve these critical lands for future generations.

Item Type: Action Item
Approved for10/31/2023 calendar
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2 COUNCIL PRIORITIES
This report is outside of the four priority areas adopted by the City Council.

RECOMMENDATION
Adopt the resolution of support.

BACKGROUND AND ANALYSIS
The San Gabriel Mountains are the backyard for many urban and culturally diverse communities within Los Angeles. Every year, the Angeles National Forest welcomes about 4 million visitors. Over 18 million people live within a 90-mile radius of the proposed national monument expansion.

In 2014, President Obama designated the San Gabriel Mountains National Monument that protected about 346,000 acres to ensure access to the outdoors for the region's residents, as well as to protect the wildlife and biodiversity within it. Since then, support has grown to safeguard public lands in the western Angeles National Forest; an additional 109,000 acres.

Expanding the monument will help increase equitable access to nature, improve public health, conserve a critical drinking water source for local residents, and address the climate and biodiversity crisis. In addition, this expansion of the San Gabriel Mountains National Monument will also help California meet the goal to protect 30% of lands and coastal waters by 2030.

For the last few years, Senator Alex Padilla (D-CA) and Representative Judy Chu (CA- 28) have been championing this effort and have recently urged the Biden Administration to expand the existing San Gabriel Mountains National Monument. The City is being asked to join this effort by Nature for All by adopting a resolution of support to ask President Biden to use the Antiquities Act to build on his conservation legacy and permanently protect these important lands for future generations. Nature for All’s mission is to build a diverse base of support to ensure that everyone in the Los Angeles area has equitable access to the wide range of benefits which nature provides.

Thus far, unanimous support has been received from the LA County Board of Supervisors, Los Angeles City Mayor Bass, the Gabrieleno/Tongva San Gabriel Band of Mission Indians, the Kizh Nation, the Fernandeno Tataviam Band of Mission Indians, various municipal leaders (including cities of Monterey Park and Alhambra), and State agencies, like the CA Coastal Conservancy and others.

A map of the proposed expansion area can be found on this site: https://san gabriel mountains forever.org/

FISCAL IMPACT
There is no fiscal impact associated with this report.
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3 ENVIRONMENTAL REVIEW (CEQA/NEPA)
N/A

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
1) Council may adopt the resolution of support.
2) Council may choose another alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Stephanie Mkhlian, Sr. Administrative Analyst
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Sample Letter of Support
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9 RESOLUTION NO. _________

RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA

SUPPORTING THE PERMANENT PROTECTIONS OF THE SAN GABRIEL

MOUNTAINS FOOTHILLS AND RIVERS WITH FEDERAL DESIGNATIONS

WHEREAS, it is in the interest and benefit of the people of Glendale to permanently protect and enhance our local mountains, rivers and parks with access for all; and
WHEREAS, over 18 million people live within a 90-mile radius of the San Gabriel Mountains, and permanently protecting these lands will help to increase equitable access to nature and improve public health for local residents; and WHEREAS, the San Gabriel Mountains include a rich and diverse cultural heritage of the original stewards of these sacred lands — the Fernandeño Tataviam Band of Mission Indians and Gabrieleño (also known as Kizh, Gabrielino and Tongva) Peoples; and
WHEREAS, permanent protections of the San Gabriel Mountains would help to protect the upper Los Angeles River watershed, which provides one-third of the Los Angeles County’s drinking water, and is an important water source for our region; and WHEREAS, permanent protections would benefit our community, including those historically marginalized to care for the San Gabriel Mountains and rivers; and WHEREAS, these lands are the backyard for many urban and culturally diverse communities that have limited access to green spaces in their neighborhoods; and WHEREAS, lack of access to nature has negative health implications and is linked to higher rates of obesity and diabetes; and
WHEREAS, having nearby open space and wild areas preserved for the protection of our region’s air quality, water supply and water quality will also provide for outdoor education and vast recreational opportunities; and WHEREAS, permanent protections would enhance educational and interpretive opportunities so that kids—and everyone—can learn more about the native plants and animals as well as forest stewardship; and
WHEREAS, permanent protections could facilitate planning for and funding of innovative outreach programs to schools and youth organizations to help get kids outdoors and to help students learn about green jobs and vocational career opportunities available with the Forest Service, National Park Service, and other organizations; and
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9 WHEREAS, the San Gabriel Mountains are an interconnected landscape and refuge for native plants and wildlife, and permanent protections would safeguard wildlife corridors and habitat for species such as black bears, mountain lions, coyotes, bighorn sheep, mule deer, and the Arroyo toad; and
WHEREAS, the San Gabriel Mountains Foothills and Rivers Protection Act, and Protecting Unique and Beautiful Landscapes by Investing in California (PUBLIC) Lands Act was simultaneously introduced on May 25, 2023, by Congresswoman Chu and Senator Padilla; and
WHEREAS, this legislation would expand the San Gabriel Mountains National Monument through the addition of 109,167 acres of the Angeles National Forest; and WHEREAS, the legislation would expand Wilderness area designations within the San Gabriel Mountains by 30,000 acres; and
WHEREAS, the legislation would designate 45.5 miles of Wild and Scenic Rivers in the San Gabriel Mountains; and
WHEREAS, given the cultural, historical and scientific value of the expansion area, Senator Alex Padilla and Congresswoman Chu have requested President Joe Biden to use the Antiquities Act to expand the existing San Gabriel Mountains National Monument.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA THAT:

1. The City of Glendale hereby supports the permanent protections of the San Gabriel Mountains Foothills and Rivers with federal designations and/or the use of Presidential authority under the Antiquities Act, that enhance health, air quality, water supply and water quality, recreational opportunities, and the quality of life for the residents of Glendale.

Adopted this day of , 2023.

Mayor
ATTEST:

City Clerk
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9 STATE OF CALIFORNIA ) SS )

COUNTY OF LOS ANGELES )
I, Suzie Abajian, Ph.D., City Clerk of the City of the Glendale City Council, certify that the foregoing Resolution No. was adopted by the Council of the City of Glendale, California on the day of , 2023, and that same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_______________________
City Clerk
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EXHIBIT 1 – SAMPLE LETTER
LOGO Here
Please email this letter to [email protected] when complete.

DATE
The Honorable Joe Biden
President of the United States
The White House
1600 Pennsylvania Avenue, N.W.

Washington, DC 20500
Dear Mr. President,
On behalf of the City of Glendale, I write to respectfully urge your favorable consideration to advance a decades-long vision to protect the San Gabriel Mountains and use the Antiquities Act to add 109,000 acres to the existing San Gabriel Mountains National Monument. This would permanently protect a significant portion of the western Angeles National Forest in the Los Angeles, California metropolitan area.

President Barack Obama used the Antiquities Act in 2014 to designate approximately 346,177 acres of the San Gabriel Mountains as a national monument. This was a critical step towards permanently protecting the mountains. Since then, community support has continued to grow for safeguarding public lands in the western Angeles Forest that were not included in the original monument designation. These lands are the gateway to the forest and welcome millions of visitors each year. They should be included in the national monument.

Add Description of your Organization and why this aligns with your mission, vision, etc.

The San Gabriel Mountains are the backyard for many urban and culturally diverse communities within Los Angeles. Every year, the Angeles National Forest welcomes about 4 million visitors. Over 18 million people live within a 90 mile radius of the proposed national monument expansion. Protecting these public lands will help increase equitable access to nature, improve public health, conserve a critical drinking water source for local residents, and address the climate and biodiversity crisis.

Representative Judy Chu and Senator Alex Padilla are championing this effort and have urged your administration to expand the existing San Gabriel Mountains National Monument. I add my voice to theirs and ask you to use the Antiquities Act to permanently protect these important public lands.

Sincerely,
Mayor Dan Brotman and Members of the Glendale City Council 85 of 85

Glendale City CouncilOctober 31, 2023

Glendale City Council
October 31, 2023