Agenda packet, first session — Glendale City Council, October 8, 2024

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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OCTOBER 8, 2024

REVISED
- 4i MOVED TO 8a

ROLL CALL

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

Conference with Legal Counsel. Anticipated Litigation - Initiation of litigation

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pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One potential case
b.

Conference with Legal Counsel – Existing Litigation: Najarian v. City of Glendale, L.A.S.C. Case No. 24STCP02101; Claim of Najarian, No. 25-0009 c.

Conference with Real Property Negotiators: City-designated negotiator: Bradley Calvert. Negotiating Party: Erik Khojoyan. Property: 1401 N. Verdugo Road.

Instructions to the negotiator(s) will concern the price and terms of payment for the lease of City-owned property
d.

Conference with Real Property Negotiators: City-designated negotiator: Bradley Calvert. Negotiating Party: California Department of Transportation. Property: 1619 Cosmic Way, 1612 & 1620 Flower Street. Instructions to the negotiator(s) will concern the price and terms of payment for the acquisition of property e.

Public Employee Performance Evaluation – City Manager
f.

Conference with Legal Counsel – Existing Litigation: Claim of Bristol West Insurance Co. (Caldwell), Claim No. 24-0444
g.

Conference with Legal Counsel – Existing Litigation: Western Audio Visual, Inc. v.

City of Glendale, L.A.S.C. Case No. 22GDCV00295

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

Flag Salute: Mayor Elen Asatryan
b.

Invocation: Dr. Suzie Abajian, City Clerk
c.

Report of the City Clerk, re: Posting of Agenda. The Agenda for the October 8, 2024 Regular Meeting of the Glendale City Council was Posted on October 4, 2024, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, October 15, 2024 b.

Proclamation Designating October 6-12, 2024, as Public Power Week c.

Proclamation designating the month of October 2024 as Filipino-American History Month
d.

Proclamation Designating the month of October 2024, as Domestic Violence Awareness Month
e.

Proclamation Designating October 9, 2024 as Hangeul (Hangul) Day

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, Regular City Council, and Joint City Council and Housing Authority Meetings of October 1, 2024 b.

Public Works, re:

On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services

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1. Resolution adopting the Specification for the On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services, Specifications No. 3999; and directing the City Clerk to Advertise for Bids
c.

Public Works, re:

Award of a Professional Services Agreement (PSA) with LA Compost for Development of a Food Waste Community Composting Program

1. Motion authorizing the City Manager, or a designee, to execute a PSA with LA Compost for the development of a Food Waste Community Composting Program in the amount of $230,250 for three years
d.

Public Works, re:

Motion Awarding Contract for the View Crest Road Slope and Road Repair Project

1. Motion to award a construction contract to Clarke Contracting Corporation in the amount of $2,220,586, approving a 15 percent contract contingency in the amount of $333,088, and authorizing the City Manager or a designee to execute the contract

2. Resolution of appropriation to appropriate $1,850,000 for the View Crest Road Slope and Road Repair Project
e.

Public Works, re: Award of Construction Contract for On-Call Sewer and Strom Drain Repair Services

1. Motion to award a construction contract to W. A. Rasic Construction Company, Inc. for three-years for a “not-to-exceed” amount of $1,200,000, with an option to extend the contract for an additional two-years in the amount of $800,000 and authorizing the City Manager, or a designee, to execute the contract

2. Resolution of appropriation to appropriate funds in the amount of $950,000 for On-Call Sewer and Storm Drain Repair Services
f.

Human Resources, re:

International Association of Fire Fighters (IAFF) Medical Expense Reimbursement Plan

1. Resolution approving employee and employer contributions to the IAFF Medical Expense Reimbursement Plan
g.

Public Works, re: Contract Award for 140 N. Isabel Building and Civic Center Parking Garage Stairways Painting Project, per Specification No. 3966

1. Motion authorizing the City Manager or his designee to execute a contract with Astro Painting Co., Inc., for the 140 N. Isabel Building and Civic Center Parking Garage Stairways Painting Project in the amount of $61,000, plus a 10% contingency of $6,100
h.

Community Services and Parks, re:

Federal Workforce Innovation and Opportunity
Act funds from the State of California, Employment Development Department for the Glendale Youth Alliance and the City of Burbank

1. Motion Accepting Federal Workforce Innovation and Opportunity Act (WIOA) funds from the State of California, Employment Development Department in the amount of $768,853 from July 1, 2024, to June 30, 2025, to enable the Verdugo Workforce Development Board to distribute those funds to the Glendale Youth Alliance (GYA) and the City of Burbank; Approving the award of WIOA grant funds to the GYA in the amount of $623,353 from July 1, 2024, to June 30, 2025, and the City of Burbank in the amount of $145,500 from July 1, 2024, to June 30, 2025, as approved and recommended by the Verdugo Workforce Development Board; and Authorizing the City Manager, or a designee, to execute all agreements, certifications, and documents necessary to accept and implement the funding

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5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes; 5-Speaker Limit) Per Mayor Policy, This Item Also Permits Speakers Wishing to Speak Under General Oral Communications, Subject to the Three Minute Time Limit. Discussion is Limited to Matters Not on the Agenda.

7. ADOPTION OF ORDINANCES
a.

Glendale Water and Power, re: Ordinance amending Section 13.44.425 of the Glendale Municipal Code, 1995, pertaining to the current Public Benefits Charge of

3.6% to the rate mandated by State law (Brotman, 10/01/24)

8. ACTION ITEMS
a.

Management Services, re:

Consideration for Adoption of Nonprofit Subsidy Policy

1. Motion Adopting a Nonprofit Subsidy Policy for User Fees

2. Resolution Deleting Certain Fees and Modifying Certain Existing Fees in Accordance to the Provisions Set by the Nonprofit Subsidy Policy, and Amending the Comprehensive Citywide Fee Schedule for the Fiscal Year 2024-25

9. HEARINGS

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a.

Councilmember Brotman’s Request to Discuss updating development standards to address illumination levels on private property
b.

Councilmember Brotman’s Request to Consider different approaches for drive- through regulations, including updated development standards c.

Councilmember Kassakhian’s Request to Discuss setting aside funding for non- profit, arts and culture themed organizations
d.

Councilmember Kassakhian’s Request to Discuss a Resolution calling the U.S. State Department to press the government of Azerbaijan to release all hostages that Azerbaijan is holding in its jails illegally, against international law

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 M I N U T E S

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
OCTOBER 1, 2024
ROLL CALL – All Present

1. CLOSED SESSION – 3:22 p.m.
a. Conference with Legal Counsel. Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Two potential cases
b. Conference with Legal Counsel – Existing Litigation: Najarian v. City of Glendale, L.A.S.C. Case No. 24STCP02101; Claim of Najarian, No. 25-0009 c. Conference with Real Property Negotiators: City-designated negotiators: Roubik Golanian, John Takhtalian, Onnig Bulanikian, Michael J. Garcia, Gillian van Muyden, Michele Flynn, Bradley Calvert and Mark Berry. Property Location: 440 and 444 W. Cypress St., 1275, 1291-1295, and 1295A Los Angeles St., and 448 Fernando Ct. Negotiating Parties: CPD Los Angeles LLC. Instructions to the negotiator(s) will concern the price and terms of payment for the acquisition of property
d. Conference with Real Property Negotiators: City-designated negotiator: Bradley Calvert. Negotiating Party: Erik Khojoyan. Property: 1401 N. Verdugo Road.

Instructions to the negotiator(s) will concern the price and terms of payment for the lease of City-owned property
City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to closed session at 3:24 p.m.

2. REGULAR BUSINESS AGENDA – 6:04 PM
Roll Call – Absent: Asatryan
a. Flag Salute: Mayor Pro Tem Kassakhian
b. Invocation: Dr. Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the October 1, 2024 Regular Meeting of the Glendale City Council was Posted on September 26, 2024, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, October 8, 2024 Asst. City Manager John Takhtalian provided the preview. b. Proclamation Designating the Month of October 2024, as Menopause Awareness Month
Jesse White, Planned Parenthood
Public Comment:

Mike Mohill
4A
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2 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.
a. City Clerk, re: Minutes of the Special City Council and Joint City Council and Housing Authority Meetings of September 17, 2024
Moved: Brotman Seconded: Gharpetian
Vote as Follows
b. Finance, re: Escheatment - Unclaimed Checks & Deposits

1. Motion to escheat unclaimed checks and deposits held by various funds of the City pursuant to Government Code Sections 50050-50057
Moved: Brotman Seconded: Gharpetian
Vote as Follows
c. Public Works, re: Award of Construction Contract for the Downtown Glendale Signal and Mobility Improvements Project

1. Motion awarding a construction contract to Elecnor Belco Electric, Inc. in the amount of $8,262,128, approving a 15 percent contract contingency in the amount of $1,239,319, and authorizing the City Manager or a designee to execute the contract
Moved: Brotman Seconded: Gharpetian
Vote as Follows

2. Resolution 24-161 of appropriation to appropriate funds in the amount of $9,864,553 for the Downtown Glendale Signal and Mobility Improvements Project
Moved: Brotman Seconded: Gharpetian
Vote as Follows
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
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3 d. City Attorney, re: Request for Proposals for Official Police Tow Services

1. Resolution Adopting the Police Department’s Request for Proposals for Towing and Storage Services and Authorizing the City Clerk to Advertise for Proposals Motion to direct staff that prior to advertising the Official Police Tow Service Request for Proposal, Police Department staff look into alternatives to the three tow districts, including a rotation of assignments among selected tow providers and to report back to Council for further discussion
Moved: Najarian Seconded: Gharpetian
Vote as Follows

5. CITY COUNCIL/STAFF COMMENTS
Councilmember Gharpetian attended the Armenian Independence Day celebration at the City Hall Parcher Plaza and Verdugo Park, and the Glendale Latino Association’s back to school mixer in celebration of Latino Heritage Month. Gharpetian and the California Armenian Legislative Caucus Foundation toured Pilibos and Chamlian Armenian schools and commended these schools for what they are doing for the community.

Councilmember Najarian announced that this week is Transit Week and encouraged everyone to take transit. He also announced that tomorrow is Clean Air Day, and some public transportation will be free of charge.

Councilmember Brotman asked to agendize for discussion changes in development standards on drive-throughs and overall illumination level for lights. He asked staff to look into pilot programs for SB 969: Alcoholic beverages: entertainment zones: consumption on Artsakh Paseo, and SB-59 battery electric vehicles: bidirectional capability for the city’s fleet vehicles.

Mayor Pro Tem Kassakhian attended several events held in the city including the Armenian Independence Day events and was happy to see these events resume. He stated several events took place within the past few weeks including the Women’s Equality Day celebration and the Pacific Standard Time Art Exhibit at the Brand Library. Kassakhian wished a very Happy Birthday to our 39th US President Jimmy Carter, who turned 100 years old. He sent his thoughts and prayers to the people who are suffering because of the hurricane and extreme weather patterns in the southeastern part of the US and the people of Lebanon and Israel who are suffering because of the war. Kassakhian asked staff to agendize a discussion on setting aside funding to give to non-profit, arts and culture themed organizations. He asked staff to agendize for discussion a resolution in calling our US State Department to press the government of Azerbaijan, to release all hostages that it is holding in its jails illegally, against international law.

Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
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4 6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes; 5-Speaker Limit) Per Mayor Policy, This Item Also Permits Speakers Wishing to Speak Under General Oral Communications, Subject to the Three Minute Time Limit. Discussion is Limited to Matters Not on the Agenda.

Becky Gimple
Herbert Molano
Sheryl

7. ADOPTION OF ORDINANCES

8. ACTION ITEMS
a. Glendale Water and Power, re: Revisions to the Public Benefits Charge (PBC) and Reallocation of 2018-2024 PBC Funds to Authorized Renewable Energy, Energy Efficiency, Demand Response and Energy Efficiency Customer Incentives Presenting:

Manny Robleo, Interim General Manager of GWP
Staff Comments:

Adrine Isayan, Asst. General Manager of GWP
Mike Garcia, City Attorney
Dorine Martirossian, Principal Asst. City Attorney

1. Introduction of Ordinance amending Section13.44.425 of the Glendale Municipal Code, 1995, pertaining to the current Public Benefits Charge of 3.6% to the rate mandated by State law
Ordinance Introduced by: Brotman

2. Resolution 24-163 adopting 2.85% as the Public Benefits Charge, pursuant to Glendale Municipal Code, 1995, Section 13.44.425, effective November 7, 2024 Moved: Brotman Seconded: Najarian
Vote as Follows

3. Motion declaring the allocation and use of funds collected from the 0.75% increase in Public Benefits Charge inadvertently collected from July 1, 2018, through November 6, 2024, for all authorized renewable energy, energy efficiency, demand response, and energy efficiency customer incentives
Moved: Brotman Seconded: Najarian
Vote as Follows
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
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5 4. Resolution 24-164 of Appropriation to appropriate $3,394,937 from the 2018-24

0.75% Public Benefits Charge, plus all additional unspent PBC revenues collected therefrom through November 6,2024, to the “Home Energy and Water Savings Rebate Program” to fund energy efficiency enhancements
Moved: Brotman Seconded: Najarian
Vote as Follows

5. Resolution 24-165 of Appropriation to appropriate $3,394,937, and all additional unspent revenues from the 2018-24 0.75% Public Benefits Charge collected through November 6, 2024, to fund energy efficiency enhancements to the “Home Energy and Water Savings Rebate Program”
Moved: Brotman Seconded: Najarian
Vote as Follows
b. Public Works, re: Authorize Cooperative Agreement for Foothill Boulevard Traffic Signal Synchronization Program (TSSP)
Staff Comment:

Pastor Casanova, Principal Traffic Engineer

1. Motion authorizing the City Manager or his designee to execute a Cooperative Agreement between the City of Glendale and the County of Los Angeles for the Foothill Boulevard TSSP
Moved: Brotman Seconded: Gharpetian
Vote as Follows

2. Resolution 24-166 of appropriation to appropriate $499,800 in Measure R Local Return Funds for the Foothill Boulevard TSSP
Moved: Brotman Seconded: Gharpetian
Vote as Follows
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
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6 c. City Manager, re: Appointments to Fill Vacancies on Various Agencies Staff Comments:

Roubik Golanian, City Manager
John Takhtalian, Asst. City Manager

1. Motion designating a voting delegate (Asatryan) and alternate representative(s) (Kassakhian) for the 2024 League of California Cities Conference - Moved: Najarian Seconded: Gharpetian
Vote as Follows

2. Motion appointing an individual to serve as an alternate (Kassakhian) on the Arroyo Verdugo Communities JPA
Moved: Najarian Seconded: Gharpetian
Vote as Follows

3. Motion appointing an individual to serve as an alternate (Asatryan) on the Burbank- Glendale- Pasadena Regional Housing Trust
Moved: Najarian Seconded: Gharpetian
Vote as Follows

4. Motion appointing two individuals to serve as a primary (Gharpetian) and alternate (councilmember then serving as Mayor) on California Contract Cities Association (CCCA)
Moved: Najarian Seconded: Gharpetian
Vote as Follows
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
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7 5. Motion appointing two individuals to serve as a primary (councilmember then serving as Mayor) and alternate (Chair of the Housing Authority) on Independent Cities Association (ICA)
Moved: Najarian Seconded: Gharpetian
Vote as Follows

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.

Shane Lee
Fernando Roldan
Ray Shelton
Motion to reconsider for discussion item 8c2
Moved: Brotman Seconded: Najarian
Vote as Follows

14. NEW BUSINESS

15. ADJOURNMENT – 7:58 p.m.

Moved: Najarian Seconded: Gharpetian
Mayor of the City of Glendale
City Clerk of the City of Glendale
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
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1 M I N U T E S
JOINT MEETING: GLENDALE CITY COUNCIL AND GLENDALE HOUSING AUTHORITY

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
OCTOBER 1, 2024
The Joint City Council and Housing Authority Meeting of the Glendale City Council convened in the Glendale City Hall, Council Chambers, in said City, at 3:11 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:

September 26, 2024
Date
A JOINT PUBLIC MEETING of the City Council and Housing Authority is hereby called to meet at 3:00 PM on Tuesday, October 1, 2024, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;

1. Community Services and Parks, re: FY2024-2025, 2023-2024, 2022-2023 Annual Action Plan Substantial Amendment for Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Act (HOME) to reprogram $724,949.63 in returned and undesignated fund balance to City’s Pacific Splash Pad Project, Homenetmen Glendale Ararat Roofing Project, and YMCA of Glendale All-Inclusive Locker Room Project
a.Council Motion to (1) approve reprogramming returned and undesignated CDBG funds totaling $724,949.63 to City of Glendale Pacific Splash Pad, Homenetmen Glendale Ararat Roofing, and YMCA of Glendale All-Inclusive Locker Room Projects; (2) authorize the City Manager or a designee to execute all agreements, amendments, certifications, and documents necessary to carry out the reprogramming of funds; (3) authorize submission to the U.S. Department of Housing and Urban Development (HUD) of a substantial amendment to the FY 2024-2025, FY 2023-2024, and FY 2022-2023 CDBG, ESG, and HOME Annual Action Plans regarding the reprogramming of funds; and (4) authorize the City Manager, or a designee, to redirect excess, cancelled, or unused program funds under $50,000 among projects with CDBG Advisory Committee approval b.Housing Authority Motion to authorize submission to HUD of a substantial amendment to the FY 2024-2025, FY 2023-2024, and FY 2022-2023 CDBG, ESG, and HOME Annual Action Plans regarding the reprogramming of returned and undesignated CDBG funds totaling $724,949.63 to City of Glendale Pacific Splash Pad, Homenetmen Glendale Ararat Roofing, and YMCA of Glendale All-Inclusive Locker Room Projects c.Council Resolution of Appropriation to appropriate returned and undesignated CDBG funds totaling $724,949.63
4A
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2 Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:

Upon Robert Adjinian at 5:00 p.m. September 26, 2024 Glendale, CA Upon Dan Brotman at 5:00 p.m. September 26, 2024 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. September 26, 2024 Glendale, CA Upon Vartan Gharpetian at 5:00 p.m. September 26, 2024 Glendale, CA Upon Ara Najarian at 5:00 p.m. September 26, 2024 Glendale, CA Upon Laura Parazian at 5:00 p.m. September 26, 2024 Glendale, CA Upon Elen Asatryan at 5:00 p.m. September 26, 2024 Glendale, CA Mayor Pro-Tem Kassakhian called the meeting to order at 3:11 p.m.

ROLL CALL
- All Present
- Report of the City Clerk of the City Council and Housing Authority, re:

Posting of Agenda. The Agenda for the Tuesday, October 1, 2024 joint public meeting of the City Council and Housing Authority was posted on September 26, 2024, on the Bulletin Board outside City Hall.

Mayor Asatryan passed the gavel to Mayor Pro-Tem Kassakhian.

Maggie Kavarian, Community Services Manager
a.Council Motion to (1) approve reprogramming returned and undesignated CDBG funds totaling $724,949.63 to City of Glendale Pacific Splash Pad, Homenetmen Glendale Ararat Roofing, and YMCA of Glendale All-Inclusive Locker Room Projects; (2) authorize the City Manager or a designee to execute all agreements, amendments, certifications, and documents necessary to carry out the reprogramming of funds; (3) authorize submission to the U.S. Department of Housing and Urban Development (HUD) of a substantial amendment to the FY 2024-2025, FY 2023-2024, and FY 2022-2023 CDBG, ESG, and HOME Annual Action Plans regarding the reprogramming of funds; and (4) authorize the City Manager, or a designee, to redirect excess, cancelled, or unused program funds under $50,000 among projects with CDBG Advisory Committee approval Moved: Brotman Seconded: Gharpetian
Vote as Follows
a. Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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3 b.Housing Authority Motion to authorize submission to HUD of a substantial amendment to the FY 2024-2025, FY 2023-2024, and FY 2022-2023 CDBG, ESG, and HOME Annual Action Plans regarding the reprogramming of returned and undesignated CDBG funds totaling $724,949.63 to City of Glendale Pacific Splash Pad, Homenetmen Glendale Ararat Roofing, and YMCA of Glendale All-Inclusive Locker Room Projects Moved: Brotman Seconded: Asatryan
Vote as Follows
b.
c.Council Resolution 24-160 of Appropriation to appropriate returned and undesignated CDBG funds totaling $724,949.63
Moved: Brotman Seconded: Gharpetian
Vote as Follows
c.

ADJOURNMENT – 3:21 p.m.
- Housing Authority
Moved: Brotman Seconded: Parazian
- Council
Moved: Asatryan Seconded: Gharpetian
Ayes:

Noes:

Absent:

Abstain:

Adjinian, Asatryan, Brotman, Gharpetian, Najarian, Parazian, Kassakhian None
None
None
Mayor of the City of Glendale
Chair of the Glendale Housing Authority
City Clerk of the City of Glendale
Clerk of the Glendale Housing Authority
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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1 M I N U T E S
SPECIAL MEETING: GLENDALE CITY COUNCIL

RICK REYES COMMUNITY ROOM AT THE GLENDALE POLICE STATION 131 N. Isabel St., Glendale, CA 91206
OCTOBER 1, 2024
The Special Public Meeting of the Glendale City Council convened in the Police Community Room, in said City, at 11:00 a.m., on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:

September 26, 2024
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 11:00 AM on Tuesday, October 1, 2024, in the Rick Reyes Police Community Room, 131 N. Isabel St., Glendale, CA 91206 to consider the following item(s) of business, to wit;

1. GOOD GOVERNANCE WORKSHOP
a. Common myths about government
b. Government roles and rules simplified
c. Decision making what data matters
d. Steps to building consensus on decisions
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:

Upon Dan Brotman at 5:00 p.m. September 26, 2024 Glendale, CA Upon Vartan Gharpetian at 5:00 p.m. September 26, 2024 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. September 26, 2024 Glendale, CA Upon Ara Najarian at 5:00 p.m. September 26, 2024 Glendale, CA Upon Elen Asatryan at 5:00 p.m. September 26, 2024 Glendale, CA Mayor Asatryan called the meeting to order at 11:00 a.m.

ROLL CALL
- All Present
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, October 1, 2024, Special Public Meeting of the City Council was posted on September 26, 2024, on the Bulletin Board Outside City Hall.

The City of Glendale, California, held a City Council Governance Workshop on October 1, 2024, from 11:00 AM to 3:00 PM, at the Police Community Room.

The Council workshop was planned and facilitated by Kevin Lyons, with logistical support provided by City staff.

Kevin Lyons gave a presentation, facilitated a discussion and fielded questions from City Council on Good Governance including:
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1 1. GOOD GOVERNANCE WORKSHOP
a. Common myths about government
b. Government roles and rules simplified
c. Decision making what data matters
d. Steps to building consensus on decisions
Council recessed at 12:26 p.m. and reconvened at 1:07 p.m.

Public Comments:

Herbert Molano
Allan Durham
ADJOURNMENT – 2:26 p.m.

Moved: Kassakhian Seconded: Brotman
Mayor of the City of Glendale
City Clerk of the City of Glendale
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24-86476

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services 1) Resolution adopting the Specification for the On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services, Specifications No. 3999; and directing the City Clerk to Advertise for Bids.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for October 8, 2024 calendar

EXECUTIVE SUMMARY
The City of Glendale Public Works Department (PWD) and Information Technology Department (IT) use outside contractor resources to keep our fiber optic infrastructure functioning and up to date via an as-needed testing, design, installation, and maintenance services contract. Staff is seeking to hire a qualified contractor through a competitive bidding process and execute a five-year on-call contract for a not-to-exceed contract amount of $2,500,000. The intent of this item is for the City Council to adopt the project specification and authorize the City Clerk to advertise for bids.

RECOMMENDATION
Approve the Resolution to adopt the Specification for the On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services, Specification No, 3999; and direct the City Clerk to advertise for bids.

ANALYSIS
The city has approximately 243 signalized intersections of which approximately 200 are monitored by the Glendale Traffic Management Center (GTMC). The city relies on the GTMC to monitor and adjust signal timing during holidays and times of need on congested corridors as necessary for the improved operation of the city’s roadway corridors. The communication between the GTMC and field devices are a combination of stranded copper interconnect cables and single mode fiber optic cables in underground conduits. The fiber communication system is based on a Gigabit Ethernet structure and also includes a network-based computer system that controls the Central Traffic Signal and Closed Circuit Television (CCTV) systems. 21 of 129

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The link between the GTMC and signalized intersections and CCTV systems are through field devices that pass communication through a combination of mainly single mode fiber optic cables and a few remaining stranded copper interconnect cables in underground conduits. As a matter of practice, stranded copper interconnect cables are upgraded to single mode fiber optic cables via capital improvement projects that overlap in the same area.

In addition to supporting the critical traffic infrastructure outlined, the proposed contract will also encompass the fiber optic network needs of the ITD, which supports essential services like WiFi access points, cameras, and sensors. By expanding the scope to include IT infrastructure, the City can leverage economies of scale and ensure comprehensive maintenance and repair capabilities for its entire fiber optic network, promoting efficiency and minimizing disruptions to vital city services.

Although the city does have some minimal resources to maintain and perform minor repairs to damaged fiber optic infrastructures, we are not staffed or equipped to handle emergency or critical repairs in a timely manner which is essential maintain constant communication throughout our traffic signal network. For safety and mobility, emergency and critical fiber optic cable repairs must be handled in a timely manner.

This essential maintenance contract allows for issues with the city’s fiber optic system to be promptly addressed.

This project will provide an opportunity to qualified contractors to participate in a competitive bidding procedure for an on-call contract for a not to-exceed amount of $2,500,000 for a period of five years. Once in place, the contract will serve to keep our fiber optic infrastructure functioning and up to date through as-needed testing, design, installation, and maintenance services.

The City Council awarded a similar three-year contract in June 2021 that is set to expire in December 2024. The proposed new contract is anticipated to begin in January 2025 and will last up to 5 years or up to the not-to-exceed amount.

A copy of the project specification is available for review in the City Engineer’s Office and the city website.

STAKEHOLDERS/OUTREACH
Outreach and notification updates on this project will continue to occur through a dedicated website for the project that is hosted through the City of Glendale domain. The website familiarizes the public to the project and to the project team, explains the scope of work and project locations, and provides the public with staff contact information for questions, discussion, and/or input.

FISCAL IMPACT
There is no fiscal impact associated with this report. The current Engineer’s estimate for this project is $2,500,000, a portion of which was not included as part of the FY 2024-25 22 of 129

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budget. Therefore, staff will be requesting for new appropriations or shifting of existing appropriations from other projects at the time of the contract award.

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

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the Resolution adopting the Specification for the On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services.

Doing so, however, will impair the city’s ability to promptly address issues with the city’s fiber optic infrastructure.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Interim Director of Public Works
Prepared by:

Sarkis Oganesyan, P.E, Deputy Director of Public Works/City Engineer Jason Miller, Assistant Chief Information Officer - Infrastructure Approved by:

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

EXHIBITS/ATTACHMENTS
None
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RESOLUTION NO. __________

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA

ADOPTING THE PLANS AND SPECIFICATION FOR THE

ON-CALL FIBER OPTIC TESTING, DESIGN, INSTALLATION, AND MAINTENANCE SERVICES, SPECIFICATION NO. 3999, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1.The Specification on file in the City Clerk’s office for the On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services, including the various documents incorporated therein, are hereby approved, adopted, designated and shall hereafter be known as Specification No. 3999.

SECTION 2.The City Clerk is hereby directed to advertise for bids for the work, equipment and materials described in these Plans and Specification adopted by this Resolution.

Adopted this _____ day of ____________, 2024.
____________________________
Mayor, City of Glendale
ATTEST:
__________________________
City Clerk
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2 STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

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 _________________, 2024, the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
___________________________
City Clerk
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24-86561

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Award of a Professional Services Agreement (PSA) with LA Compost for Development of a Food Waste Community Composting Program

1. Motion authorizing the City Manager, or a designee, to execute a PSA with LA Compost for the development of a Food Waste Community Composting Program in the amount of $230,250 for three years.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for October 8, 2024 calendar

EXECUTIVE SUMMARY
A PSA for the development of a Food Waste Community Composting Program is required to support a partnership with LA Compost to provide residents and businesses with a community-scale composting program for diverting food waste and organic materials from landfills for local soil enhancement and neighborhood/community development.

This partnership with LA Compost aligns seamlessly with the mandates of Senate Bill 1383 by providing a local solution to diverting food waste from residential generators and transforming it into a valuable soil amendment for our community. The fee for the PSA is $230,250 for three years.

RECOMMENDATION
Approve a motion authorizing the execution of a PSA with LA Compost for development of a Food Waste Community Composting Program in the amount of $230,250 for a term of three years.

ANALYSIS
Stringent state legislation requires California cities to substantially reduce organic waste and meet targeted diversion goals. Diverting food waste from landfills is a major component in meeting state requirements while also providing environmental benefits. A proposed PSA with LA Compost will implement a community-scale composting program. 26 of 129

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This program will provide a new convenient and accessible option for residents and businesses to recycle food waste and organic materials. LA Compost will develop food scrap drop off and compost hubs at “to be determined” (TBD) locations such as farmers’ markets, multi-unit housing buildings, city parks, and centralized community compost hubs. They will also pilot a community composting program at one multifamily housing building location and provide free educational and resource events to Glendale residents and businesses. The objective descriptions of the program are as follows:

One Food Scrap Drop-off at a Farmers’ Market
Glendale residents will be able to bring their household food scraps to a strategically located farmers' market, where LA Compost staff, along with volunteers, collect, weigh, and transport this material to a nearby park compost hub for processing.

One Park Compost Hub
The creation of a park compost hub capable of processing up to one ton of organic material, such as food scraps, mulch, stable bedding, sawdust, etc., per week is included in the project scope. The park compost hub will have the capacity to host volunteers and facilitate community-based workshops and events. Finished compost will be available for Community Services and Parks operations and for monthly distribution events to Glendale residents.

Two Community Compost Hubs
Potential locations for installing community composting hubs at existing green spaces include community gardens, libraries, churches, and pocket parks. Residents and community members will be able to drop off household food scraps at each of these locations and collect the finished compost. This compost will also be used to regenerate the soils of city green spaces, and community school gardens.

Education and Outreach Events Across the City
Compost LA will be expected to attend an event series providing outreach services at various city events (Earth Day, Cesar Chavez Day, Cruise Night, America Recycles, and the City's Annual Fall Festival). An outreach presence will also occur at programs such as summer camps, school gatherings, etc., to inform additional Glendale residents about the program. LA Compost will ensure that all educational material aligns with the sustainability goals of the City of Glendale and will promote the various composting and food recovery initiatives available to Glendale residents.

Composting Workshops, Backyard Compost Bins and Food Scrap Collection Pails LA Compost will host and facilitate backyard composting workshops as directed by staff for Glendale residents. Compost bins and food scrap organics pails will be distributed to Glendale residents at these workshops. Virtual workshops will also be coordinated and made available to residents.

One Multifamily Housing Unit Pilot Composting Program
A pilot composting program for one multifamily housing unit in the city, where organics pickup is currently not provided, is included in the project scope. This program represents 27 of 129

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a potential solution for supporting multifamily housing composting and waste diversion at the same level as is currently offered to single-family housing. This pilot program will allow food scraps to be preprocessed, or dehydrated onsite, and delivered to a park compost hub for final processing and returned thereafter to the multifamily unit and surrounding residents.

Start-Up & Operations
LA Compost will be responsible for the development and ongoing maintenance of onsite composting, household food scrap drop-off locations, and community educational programming. Additionally, LA Compost will coordinate general site preparations with collaboration and input from Glendale staff and the community.

Consultant Selection
As the sole organization offering this specific portfolio of composting outreach services within the region, LA Compost provides a unique solution that addresses a specific need within our community. The LA Compost program exclusively provides local cradle to grave compost outreach services where household food craps are received at Glendale collection hubs, dehydrated, decomposed and then used in local gardens and parks.

Unlike other composting programs where material is processed at remote composting facilities, under the LA Compost outreach program, the entire lifecycle process occurs locally and with community participation.

LA Compost has already established successful community composting programs in Los Angeles and Pasadena. Expanding this program into Glendale will add to this growing regional network. Staff reviewed the contracts from Los Angeles and Pasadena and performed site visits of facilities within these cities. Staff determined the LA Compost model to be an optimal community composting program for Glendale.

Additional key factors described below support LA Compost as the most suitable provider for our composting needs:

1. Proven Track Record: involvement with the City of Los Angeles demonstrates their capacity to handle large-scale composting projects and their alignment with mandated municipal sustainability goals. The scope and general conditions of the Glendale PSA is in line with LA Compost’s agreement with the City of Los Angeles, including performance metrics. Additionally, our proposed partnership builds on a momentum established within the region.

2. Grassroots Connection: partnering with a grassroots organization deeply rooted in Los Angeles ensures a strong understanding of local dynamics and a commitment to community-driven solutions.

3. Experience and Partnerships: LA Compost's history of working with the Sustainability Office, coupled with their extensive programs and partnerships 28 of 129

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throughout Los Angeles County, highlights their expertise and ability to collaborate effectively with various stakeholders. Development of decentralized community compost hubs is a model created by this outreach firm.

4. Non-Profit Status: As a non-profit organization, LA Compost is driven to expand sustainable initiatives and contributing to the well-being of the local community.

In partnering with LA Compost, we can significantly advance our city’s efforts to reduce greenhouse gas emissions, conserve landfill space, and increase exposure to local sustainability efforts.

STAKEHOLDERS/OUTREACH
Target audiences include single-family and multifamily residents, businesses, property managers, landlords, and students.

Strategic Focus Areas:
•Education and Awareness: Provide clear and consistent information about the benefits of composting, how to compost, and the city's composting program. •Community Engagement: Opportunities for community input and feedback.

Workshops, demonstrations, and neighborhood events to build relationships and address concerns. LA Compost will provide the following ongoing resources to the community: annual educational workshops, quarterly compost distribution days, small-scale, semi-permanent, multilingual informational signage, weekly staffed community volunteer days for residents and other participants to support compost pile turning and finished compost sifting activities.
•Compliance and Advocacy: Clearly communicate program requirements and expectations while providing support and resources to ensure compliance.

Advocate for composting as a sustainable practice and encourage community members to become ambassadors for the program.

Outreach Channels:
•Digital: Utilize social media, email campaigns, and the city's website to share information, answer questions, and promote composting.
•Printed Materials: Distribute informational flyers, brochures, and educational materials through various channels, including libraries, community centers, and local businesses.
•In-Person Outreach: Conduct door-to-door outreach, host community events and informational workshops to engage residents and businesses directly. 29 of 129

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Additionally, staff will monitor the efficiency of outreach efforts and overall project performance through the collection and analysis of key metrics, data, and performance indicators.

FISCAL IMPACT
The proposed three-year PSA with LA Compost for development of a Food Waste Community Composting Program will cost $230,250, in which the first year cost of $52,260 was approved as part of the FY 2024-25 budget. No new appropriation is being requested at this time. The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$52,260 43110-5300-PWD-7523-P0000 Refuse Disposal Fund
The funding for the remaining two years will be requested as a part of the annual budget process.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered does not constitute a “project” within the meaning of the CEQA pursuant to CEQA Guidelines Section 15378(a) as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company are attached in Exhibit 1, in accordance with the City Campaign Finance Ordinance No. 5744.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the PSA with LA Compost for development of a Food Waste Community Composting Program. Composting and waste diversion activities in Glendale will not be improved as planned.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Interim Director of Public Works
Prepared by:

Hourik Hayrapetian, Sr. Administrative Analyst
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Approved by:

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

EXHIBITS/ATTACHMENTS

1. Campaign Disclosure form/letter
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MOTION
Moved by Council Member _____________________________________, seconded by Council Member ______________________________________, that the Council of the City of Glendale hereby:

1. Authorizes the City Manager, or his designee, to execute a professional services agreement – subject to approval by the City Attorney - with LA Compost for development of a Food Waste Community Composting Program, for three years, as described in the report to the Glendale City Council dated October 8, 2024, in an amount not to exceed $230,250.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
________________________
City Clerk
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Campaign Disclosure Form
Organization Name: LA Compost
EIN: 46-1134852
Contact Person: Michael Martinez
Title: Executive Director
Address: 4700 Griffin Ave, Los Angeles, CA 90031
Email Address: [email protected]
Disclosure of Interests
In accordance with the City of Glendale’s regulations, this form is to disclose the names of any individuals or entities who have a 10% or more interest in an entity being considered for a contract with LA Compost.

LA Compost is a non-profit organization; therefore, no individual or entity has a 10% or more interest in LA Compost being considered for a contract. Additionally, we have not made or received any campaign contributions in relation to this matter.

3. Board Members' Names and Contact Information
Charles Southward,[email protected]
Michelle Barton, [email protected]
Robbie Martin, [email protected]
Shannon Wright, [email protected]
Sarah Delevan, [email protected]
Certification
I, Michael Martinez, certify that the information provided in this Campaign Disclosure Form is true and correct to the best of my knowledge.

Signature:

Date: 8/29/2024
Exhibit 1
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24-86482

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Motion Awarding Contract for the View Crest Road Slope and Road Repair Project
1) Motion to award a construction contract to Clarke Contracting Corporation in the amount of $2,220,586, approving a 15 percent contract contingency in the amount of $333,088, and authorizing the City Manager or a designee to execute the contract.
2) Resolution of appropriation to appropriate $1,850,000 for the View Crest Road Slope and Road Repair Project.

COUNCIL ACTION
Item Type: Consent Item
Approved for October 8, 2024 calendar

EXECUTIVE SUMMARY
The View Crest Road Slope and Road Repair Project will stabilize the roadway and hillside, add new guard rails, new street pavement, new striping and pavement markings, and new trees and other vegetation in the project area. On August 28, 2024, four bids were received for the View Crest Road Slope and Road Repair Project, and after a thorough review, staff found Clarke Contracting Corporation’s bid to be a responsive bid from a responsible bidder.

The intent of this item is for the City Council to award a construction contract to Clarke Contracting Corporation in the amount of $2,220,586 with a 15 percent contingency of $333,088, totaling $2,553,674. Additionally, a resolution of appropriation is needed to transfer funds from existing projects in the State Gas Tax Funds.

RECOMMENDATION
Approve the motion authorizing a construction contract with Clarke Contracting Corporation for the View Crest Road Slope and Road Repair Project in the amount of $2,220,586 plus a 15 percent contract contingency of $333,088 and approve the resolution of appropriation from the State Gas Tax Fund in the amount of $1,850,000 to adequately fund the project.
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ANALYSIS
Due to past heavy rain events and the very steep downhill slope retaining a portion of the existing roadway along View Crest Road, a considerable section of View Crest Road has eroded. Public Works hired a consultant to study the stability of the slope and roadway and design plans to implement improvements to support the existing slope, reconstruct the roadway, install protective guard rails, install trees and other landscaping, as well as other appurtenant work, along the hillside slope and roadway to prevent further erosion and sloughing, and to stabilize the area.

The project is located on View Crest Road between Glen Aire Drive and the Northerly Terminus. Land use along the project consists of single-family homes.

Project Scope of Work
The project scope of work includes the following:
•Slope repair on the northerly side of View Crest Road with the installation of 386 linear feet of pile wall system (steel H-pile with precast concrete lagging); •Removal of the existing pavement and base and re-grading the roadway; •Installation of asphalt concrete pavement over crushed miscellaneous base; •Installation of 849 linear feet of concrete curb and gutter along the southerly side of View Crest Road;
•Installation of 851 linear feet of concrete curb along the northerly side of View Crest Road;
•Removal of existing damaged guardrails and installation of 743 linear feet of new Midwest Guard Rail (MGS) system with steel posts;
•Adjustment of existing manholes, utility valves, and water meters to finished grade;
•Installation of new traffic signing, striping, and pavement markings, and •Removal and planting of various trees, shrubs, and ground cover along the slope to improve erosion control.

Pavement Reconstruction
The project will reconstruct the entire project corridor. Complete reconstruction typically consists of the removal of the existing Asphalt Concrete (AC) pavement and additional base, and construction of new 4-inch AC pavement over 6-inch Crushed Miscellaneous Base (CMB). This method reconstructs the roadway section entirely, improves the structural integrity, and begins a new service life for the street.

Tree Plantings
A total of five new trees will be planted within the city’s right of way on the northerly slope along View Crest Road. Additionally, shrubs, ground cover, and jute netting will be installed on the slope to improve erosion control.

On April 30, 2024, the City Council adopted the project plans and specifications and authorized the city clerk to advertise the project for bids. The project was advertised in 35 of 129

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the Glendale Independent, the city’s website, as well as various online platforms.

On August 28, 2024, the city received bids from contractors as follows:

1. Clarke Contracting Corporation $2,220,586

2. Rehak General Engineering $2,539,388

3. Jilk Heavy Construction, Inc. $2,912,472

4. Bosco Constructors, Inc. $4,925,641.28 Upon review of the bid documents, staff finds the bid of Clarke Contracting Corporation of $2,220,586 to be the lowest responsive bid from a responsible bidder. The bid of Clarke Contracting Corporation in the amount of $2,220,586 is approximately 23% below the Engineer’s Estimate of $2,900,000.

In addition, staff recommends a reserve for contingencies in the amount of $333,088 or 15 percent of the bid amount. The contingency is based on previous experience with similar projects and is routine for projects of this scale and complexity. This will also allow staff to account for any incidental work, unforeseen field conditions that could be encountered during construction, underground utilities issues that could arise because of the nature of the project, and any resulting field modifications that may be necessary.

Furthermore, staff has budgeted approximately 10 percent of the construction amount, or $222,059 for construction management and engineering support services such as project management, project engineering, construction inspection, quality assurance, quality control, and materials testing.

View Crest Road Slope and Road Repair Project
Construction Bid $ 2,220,586
15% Contract Contingency $ 333,088
10% Construction Management & Engineering Support $ 222,059 Total Construction Cost $ 2,775,733
The State of California Contractor’s State License Board website confirms that the license of Clarke Contracting Corporation is current, active, and in good standing.

Additionally, staff contacted the references provided by Clarke Contracting Corporation and found they had satisfactorily completed their projects.

The construction of this project is anticipated to begin in December 2024 and is scheduled for completion by August 2025.

STAKEHOLDERS/OUTREACH
As a result of this project the public will gain more livable communities and improved safety for all users.

During the development of the project plans and specifications, the staff have been in direct contact with the residents directly impacted by this project. Approximately one- month before the commencement of construction, staff will prepare a notification 36 of 129

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postcard containing essential project details including a link to the project website. The postcard will be distributed to the residences that will be affected by the construction.

Additionally, the contractor will be responsible for distributing two distinct door hangers to the affected addresses. One set of door hangers will be provided two weeks prior to the start of any construction activity within the project area, while the second set will be distributed three days before construction begins.

Furthermore, outreach on this project will continue to occur through a dedicated website for the project that is hosted through the City of Glendale domain. The website familiarizes the public to the project and to the project team, explains the scope of work and project location, and provides the public with staff contact information for questions, discussion, and/or input.

FISCAL IMPACT
The construction of the View Crest Road Slope and Road Repair Project will cost $2,775,733, of which $ 925,733 was included as a part of the FY2024-25 approved budget. Therefore, staff is requesting for an additional appropriation of $1,850,000 from the State Gas Tax Fund. The appropriation requests are outlined below:

Existing Appropriation
Amount Account String Funding Source
$925,733 GL: 52100-4020-PWD-0020-P0000
PL: PWD00278AN
Gas Tax Fund
Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $1,850,000 GL: 24219-4020-PWD-
0000
GL: 52100-4020-
PWD-0020-P0000
PL: PWD00278AN
Gas Tax Fund

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

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the motion authorizing a construction contract and resolution of appropriation for the View Crest Road Slope and Road Repair Project. Doing so, however, will not improve the condition of the slope or the roadway along View Crest Road.
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Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Interim Director of Public Works
Prepared by:

Viktoriya Pakhanyan, P.E., Senior Civil Engineer
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Project Location Map
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MOTION
Moved by Council Member , seconded.
by Council Member , that the Council of the City of
Glendale hereby:

1. Authorizes the City Manager, or a designee, to execute a construction contract – subject to approval by the City Attorney – with Clarke Contracting Corporation, for the View Crest Road Slope and Road Repair Project, Specification No. 3890, for the amount of $2,220,586.

2. Authorizes a 15 percent reserve for contingency, equal to $333,088.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
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DWIGHT DRCUMBERLAND RD

WOODHOLLY DEERMONT RDCIELITO DRRAMS HORN STARVALE RDRIMCREST DRCANYONWOOD DRRIMCREST DRCANYONWOOD OAK LNASPENWONDERVIEW DRCARDIGAN AVMAGINN DRNESMUTH RDVALENTINE DRROHR ST

N BRAND BLVDVIOLA AV

DOROTHY DR

VALLEY VIEW RD

COLUMBUS AVMERRIMAN PLPARKWOOD LNN COLUMBUS AV

N COLUMBUS AV

HILLCREST AV

E STOCKER ST

PLEASANT VIEW TERSUNSET RDCUMBERLAND RDHILLCREST AVROBIN GLEN DRCALEB ST

CONCORD STKENILWORTH AVSTOCKER STCHERRY ST RIDGEWAY DRPACIFIC AV

MEADOWS DRAUDRAINE DR

ARDMODE AVHILLCREST AVMONTGOMERY AVMONTE VISTA AVSPENCER STDOROTHY DRCLEMENT DRCOLUMBUS AVPARKWOOD DRKENNETH RDMERRIMAN PLCUMBERLAND RDLAWSON PLCEDAR HILL RDCUMBERLAND TERLARCO WYDARRELL DRHAZBETH LNVALLEY VIEW RDSPENCER STMOUNTAIN STN CENTRAL AV

ARBOR DRKEMPTON RDBROCKMONT DRPARK RIDGE DRGLENVIEW CREST RD

LOUISE TERGLENMONT DRN MARYLAND AVN LOUISE STRANDOLPH STLORAINE STW STOCKER STLROSE AVAFAEL AV

NOLAN AVGANGI LNMAGINN PL
TER CT

W STOCKER ST

VIRGINA AV

PACIFIC AV
KEMPTON RDAIRE DRNOT TO SCALEEXHIBIT 1: PROJECT LOCATION MAPVIEW CREST ROAD SLOPE AND ROAD REPAIR PROJECTSPECIFICATION NO. 3890

LEGENDPROJECT LOCATION
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Award of Construction Contract for On-Call Sewer and Strom Drain Repair Services
1) Motion to award a construction contract to W. A. Rasic Construction Company, Inc. for three-years for a “not-to-exceed” amount of $1,200,000, with an option to extend the contract for an additional two-years in the amount of $800,000 and authorizing the City Manager, or a designee, to execute the contract. 2) Resolution of appropriation to appropriate funds in the amount of $950,000 for On- Call Sewer and Storm Drain Repair Services.

COUNCIL ACTION
Item Type: Consent Item
Approved for October 8, 2024 calendar

EXECUTIVE SUMMARY
The City of Glendale Public Works Department (PWD) uses outside contractor resources to perform medium to large scale repairs on city-owned sewer and storm drain infrastructures. Staff conducted a competitive bidding process and selected lowest responsive and responsible bidder to execute a construction contract.

The intent of this item is for the City Council to award an on-call construction contract for three-years for a not-to-exceed amount of $1,200,000 with an option to extend the contract for an additional two-years in the amount of $800,000.

Additionally, a resolution of appropriation from the Sewer Fund is needed to fully fund this project.

RECOMMENDATION
Approve the motion authorizing a construction contract with W. A. Rasic Construction Company, Inc. for three-years in the amount of $1,200,00 with an option to extend the contract for an additional two-years in the amount of $800,000 and approve the resolution of appropriation in the amount of $950,000 for On-Call Sewer and Strom Drain Repair Services.
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ANALYSIS
The City of Glendale owns and maintains approximately 350 miles of sanitary sewer mains and 26 miles of storm drain lines. The majority of the sanitary sewer mains were constructed in the early 1900s, when the city was first incorporated. These sewer mains are now over 100 years old.

Most of the storm drain lines, especially reinforced concrete pipes, have been transferred to the Los Angeles County Department of Public Works for ownership and maintenance. However, there are some remaining reinforced concrete pipes still owned and maintained by the city. Also, the city owns and maintains corrugated metal pipe (CMP) storm drain lines constructed in the early to mid-20th century, which are not transferable to the county.

Although the city has adequate resources to maintain, inspect and perform minor repairs to damaged sewer and storm drain infrastructure, we are not staffed and equipped to handle medium to large scale repairs. Often times, medium to large scale repairs to damaged sewer or drain infrastructure are urgently needed. The mobilization of resources in a timely manner to perform these repairs are critical to preserve public health and safety.

The City Council awarded a similar contract in June 2021, which allowed the PWD to retain a similar on-call contract. This contract is due to expire this month.

On July 9, 2024, the City Council adopted the project specifications and authorized the city clerk to advertise the project for bids. The project was advertised in the Glendale Independent, the city’s website, as well as various online platforms.

On September 4, 2024, the city received eight bids from contractors as follows:

1. W. A. Rasic Construction Company Inc. +2 %

2. Grbcon, Inc. +4.44 %

3. Tomovich & Associates +5 %

4. Mike Prlich and Sons, Inc +15 %

5. Ramona, Inc. +15 %

6. Toro Enterprises +15 %

7. Bali Construction, Inc +18 %

8. Gentry General Engineering +23 %
Upon review of the bid documents, staff finds the bid of W. A. Rasic Construction Company, Inc. with a cost plus 2% markup to be the lowest responsive bid from a responsible bidder. It is important to note, since this procurement is for as needed on- call services and will utilize prevailing wage hourly rates, the bid was completed on a markup basis only. This method distinguishes between the proposing contractors on 43 of 129

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their proposed markup since the prevailing wage rates are per the state approved minimum rates. The contractor with the least markup is considered the lowest bidder.

In addition, staff recommends an option to extend this contract for an additional two- year period in the amount of $800,000.

The State of California Contractor’s State License Board website confirms that the license of W.A. Rasic Construction Company, Inc., to be current, active, and in good standing. Additionally, W.A. Rasic Construction Company, Inc. successfully completed two previous On-Call Sewer and Storm Drain Repair Services contracts with the City.

This project is based on an on-call as needed basis for a duration of three years from the date of the execution of the contract with an option to extend for an additional two- year period.

STAKEHOLDERS/OUTREACH
Outreach for the On-Call Sewer and Storm Drain Repairs Service Project will be tailored to meet the needs of each specific task and impacted community. Outreach efforts will be implemented on an as-needed basis. Depending on the project needs and resources availability, variety of tools and methods can be utilized to keep the public informed and engaged:

A dedicated project website can be maintained to provide project updates, detailed project information, and contact information. The website will also feature an introduction to the project team, maps of the affected areas, and FAQs, offering a convenient point of contact for residents seeking more information or to submit feedback.

Door Hangers and Postcards can be distributed to homes and businesses directly impacted by the project. These materials will inform residents of upcoming activities, potential disruptions, and project milestones.

Personalized outreach through one-on-one meetings with impacted residents and businesses can be conducted in the areas directly affected by the project. This will allow project staff to address specific concerns, explain the scope of work in detail, and discuss mitigation measures for potential inconveniences such as road closures, water service interruptions, or noise disturbances.

If needed, to reach a broader audience and provide updates, the project can utilize various social media platforms such as Facebook, Instagram, and their location-based ads. These posts will include reminders about key dates, traffic advisories, project progress, and links to more detailed resources on the project website.

Furthermore, depending on the project needs and the feedback from the community, other outreach methods such as public open houses, community meetings, or informational booths may be used during the project. These public outreach tools can 44 of 129

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enable the project team to effectively engage with the community and share project impacts and updates.

FISCAL IMPACT
The On-Call Sewer and Storm Drain Repair Services contract will cost $1,200,000, for the first three-year-term, of which $250,000 was included as a part of the FY2024-25 approved budget. Therefore, staff is requesting for additional appropriation from the Sewer Fund in the amount of $950,000. The existing appropriation and appropriation request are outlined below:

Existing Appropriation
Amount Account String Funding Source
$250,000 GL: 52100-5250-PWD-0020-P0000
PL: PWD00381AN
Sewer Fund
Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $950,000 GL: 27900-5250-PWD-
0000
GL: 52100-5250-
PWD-0020-P0000
PL: PWD00381AN
Sewer Fund

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

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the motion authorizing a construction contract and resolution of appropriation for the On-Call Sewer and Storm Drain Repair Services. Doing so, however, will prevent the city from completing necessary sewer and storm drain repairs quickly, and the city will need to pursue alternative methods for hiring contractors or recruiting resources to carry out these repairs.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Interim Director of Public Works
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Prepared by:

Tatevik Barakazyan, P.E., Civil Engineer I
Approved by:

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

EXHIBITS/ATTACHMENTS
None.
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MOTION
Moved by Council Member , seconded.
by Council Member , that the
Council of the City of Glendale hereby Authorizes the City Manager, or a designee, to execute a construction contract – subject to approval by the City Attorney – with W. A.

Rasic Construction Company, Inc., for the On-Call Sewer and Storm Drain Repair Services, Specification No. 3987, in the amount of $1,200,000 for a three-year period, with an option to extend the contract for an additional two years for an amount of $800,000.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: International Association of Fire Fighters (IAFF) Medical Expense Reimbursement Plan.

1. Resolution approving employee and employer contributions to the IAFF Medical Expense Reimbursement Plan.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for October 8, 2024 calendar

EXECUTIVE SUMMARY
The Glendale Firefighters’ Association/Local 776 (GFFA) represents sworn fire personnel, including Firefighter Recruits, Firefighters, Fire Engineers, Fire Captains, and related Paramedic roles. On February 6, 2024, the City Council approved a Memorandum of Understanding (MOU) with the GFFA effective from July 1, 2024, through June 30, 2027. As part of this agreement, the City allowed GFFA members to participate in the International Association of Fire Fighters’ (IAFF) Medical Expense Reimbursement Plan (MERP) through both employee and employer contributions, with the City contributing $75 per month. Afterward, negotiations began to outline a process for future MERP fringe benefits.

On September 24, 2024, the parties reached a final agreement on the IAFF MERP terms, which were incorporated into the GFFA MOU. The IAFF MERP terms are attached for reference.

RECOMMENDATION
That the City Council approve the attached Resolution pertaining to the IAFF MERP terms, which amend and incorporate the previously approved GFFA MOU.

ANALYSIS
The City of Glendale firefighter employees represented by the IAFF Local 776, will participate in the IAFF MERP, which provides reimbursement for medical expenses for retired firefighters who meet the Plan’s eligibility requirements. This participation is facilitated through both employee and employer contributions outlined in the MOU between the City and GFFA.
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The City has the authority to implement mandatory payroll deductions as part of its compensation package to facilitate contributions to the Plan, ensuring compliance with the collective bargaining agreement. The monthly $75 employer contribution shall be deposited pre-tax with the Washington State Council of Fire Fighters Benefit Trust. These contributions and any payouts related to unused leave at retirement will align with the terms set forth in the collective bargaining agreement (CBA) and will adjust accordingly as CBA provisions change.

FISCAL IMPACT
There is no fiscal impact to the adoption of the IAFF MERP in the current fiscal year. The City’s contribution amount remains unchanged and is included as a part of the FY 2024- 25 budget. The subsequent years’ costs shall be appropriated as part of the regular budget process.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is exempt from the CEQA/NEPA.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Not approve Resolution as submitted.

Alternative 2: The City Council may consider other alternatives not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Paula Adams, Chief Human Resources Officer
Michele Flynn, Interim Director of Finance
Prepared by:

Paula Adams, Chief Human Resources Officer
Approved by:

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

EXHIBITS/ATTACHMENTS

1. IAFF Medical Expense Reimbursement Plan Terms.

2. TRUST AGREEMENT GOVERNING THE WASHINGTON STATE COUNCIL OF FIRE

FIGHTERS EMPLOYEE BENEFIT TRUST
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RESOLUTION NO.._________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDALE TO APPROVE EMPLOYEE AND EMPLOYER

CONTRIBUTIONS TO THE IAFF MEDICAL EXPENSE

REIMBURSEMENT PLAN
WHEREAS firefighter employees of the City of Glendale (the “City”), who are in the bargaining unit represented by IAFF Local 776, participate in the IAFF Medical Expense Reimbursement Plan (the “Plan”), which provides reimbursement for medical expenses for retired fire fighters who meet the eligibility rules of the Plan; and
WHEREAS IAFF Local 776 employees participate in the Plan through employee and employer contributions under the City of Glendale and Glendale Firefighters’ Association Memorandum of Understanding (the “CBA”); and WHEREAS the governing body of the City of Glendale has the authority to require mandatory deductions from employee payroll as part of the employees’ compensation package, for contributions to such Plan to correspond to the CBA of the Local, as stated herein:

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDALE, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That all of the above recitals are true and correct; SECTION 2. The City shall implement a $150-350 per Employee per month based on years of City service mandatory payroll deduction and $75 per Employee per month mandatory employer contribution to be deposited pre-tax with the Washington State Council of Fire Fighters Benefit Trust (the “Trust”).

This amount shall be adjusted whenever, and in the same amount, the contribution amount in the CBA between the City and IAFF Local 776 is adjusted.

SECTION 4. That upon retirement the City shall transfer to the Trust pre- tax 100% of the sick leave and vacation leave payout that the Employee is entitled to based upon the Employee’s rate of pay immediately preceding retirement. This percentage shall match the percentage in the CBA between the City and IAFF Local 776 and shall be adjusted whenever, and in the same amount, the leave transfer in the CBA is adjusted.

SECTION 5. Except as otherwise stated in Sections 3 and 4 hereof, all aspects of the Plan contributions for Employees, including the timing, manner, and reporting of the contributions will be determined according to the terms of IAFF Local 776 CBA with the City, as amended from time to time.

SECTION 6. That this Resolution shall take effect upon its adoption by this City Council.
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City Council Resolution
Contributions to IAFF Medical Expense Reimbursement Plan For Local 776 Firefighters

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

That the foregoing facts, as well as all facts set forth in the Report to Council dated October 8, 2024, which is incorporated herein by this reference, are deemed to be true and correct and a basis for which provides reimbursement for medical expenses for retired fire fighters who meet the eligibility rules of the Plan.

Adopted this ______ day of ________ ,2024
________________________________
Mayor
ATTEST:
_____________________________
City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )
I, DR. SUZIE ABAJIAN, 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 8TH day of October 2024, and that same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
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ATTACHMENT - IAFF Medical Expense Reimbursement Plan Terms I. MEDICAL INSURANCE - UNIT EMPLOYEES WHO RETIRE FROM THE CITY OF GLENDALE OR TERMINATE EMPLOYMENT AFTER TWENTY (20) YEARS OR MORE OF SERVICE IN A FIRE SWORN SAFETY POSITION.

A. Retiree Health Savings Plan (RHSP)

1.Purpose
a. The Retiree Health Savings Plan (RHSP) enables unit employees who retire from the City of Glendale or terminate employment after twenty (20) years or more of service in a Fire sworn safety position to have the opportunity to convert unused accumulated sick leave hours to pre-tax monies to be used for the retirees’ medical and/or dental insurance costs during their retirement. b. Retiring unit employees may also participate in the PERS Sick Leave Credit program for unused sick leave, as set forth in Govt. Code 20965. Said retiring employees who choose the option of converting unused sick leave to service credit may not receive double credit for the same allotment of unused sick leave hours at retirement.

For Example:

If a unit employee has 2,000 hours upon retirement, he or she may choose any one of these three options:

1. Convert 2,000 hours to the RHSP program;

2. Convert 2,000 hours to the PERS Sick Leave Credit program; or

3. A combination of the above two options with the
understanding that hours may only be used once.

2. Limitations
a. Unit employees who terminate employment after twenty (20) years or more of service in a Fire sworn safety position:

1. Shall be eligible to participate in the RHSP plan benefits or Retiree Medical Trust subject to procedures that comply with IRS regulations as set forth in Section V-A (3) below. 53 of 129

b. Unit employees who retire from the City of Glendale in a Fire sworn safety position:

1. Shall be eligible to participate in the RHSP plan benefits or Retiree Medical Trust subject to procedures that comply with IRS regulations as set forth in Section V-A (3) below; or

2. Participate in the PERS Sick Leave Credit program for unused sick leave as set forth in Govt. Code 20965; or

3. A combination of the above two options with the
understanding that hours may only be used once.
c. Unit employees who retire from the City of Glendale, or terminate employment after twenty (20) years or more of service, in a Fire sworn safety position must have their unused accumulated vacation leave paid at the current hourly base rate of pay to the employee’s Retiree Medical Trust account (or RHSP if specifically elected by the employee) upon retirement or separation subject to procedures that comply with IRS regulations.
d. During employment, unit employees must transfer unused accumulated compensatory time over 72 hours at the current regular rate of pay to the employee’s RHSP account, subject to procedures that comply with IRS regulations. See Article Three, Section X(D)(1) for Pay Out Upon Termination.
e. The employee is responsible for paying any post retirement RHSP service fees and holds the City harmless for any taxes incurred from their utilization of the RHSP.

3. Sick Leave Hourly Conversion Rate
a. Unit employees who retire from the City of Glendale, or terminate employment after twenty (20) years or more of service, in a Fire sworn safety position shall have each eligible hour of accrued unused sick leave converted at the rate of thirty dollars ($30.00) per hour, which will be paid to the employee’s individual Retiree Medical Trust (or Retiree Health Savings Plan (RHSP) if specifically elected by the employee) effective upon the employee’s official date of retirement or separation.
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B. RHSP City Contributions
The City shall contribute seventy-five dollars ($75.00) per month to each unit employee’s RHSP account.

Upon implementation of the Retiree Medical Trust set forth in Section C, below, the City shall instead contribute seventy-five dollars ($75.00) per month to each unit employee’s Retiree Medical Trust account.

C. Retiree Medical Trust

1. City Acknowledgment. The City acknowledges that, pursuant to a majority vote of the Association membership, the Association has entered into an agreement with the IAFF Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter, the “Trust”). The Trust, which qualifies as a “voluntary employees’ beneficiary association” within the meaning of Internal Revenue Code Section 501(c)(9). The Trust will provide for the reimbursement of post-retirement medical expenses incurred by City retirees who were covered by this Agreement.

2. Association Acknowledgment. The Association acknowledges that:
a. The City is not a party to the Trust.
b. The City is not subject to the terms of the Trust or any employee welfare benefit plan or other arrangement funded by the Trust, and has no responsibility or authority whatsoever for providing or overseeing any benefits offered under any such plan or
arrangement.
c. The preceding City acknowledgements will continue to apply on and after the City’s adoption of this agreement.
d. The City’s sole obligation under this Article V, Section C of the agreement is to make contributions to the Trust in accordance with the terms specified below. No person will have any vested right to continue receiving such contributions after the expiration of this agreement.

3. Defined Class of Employees Receiving Contributions. Employees 55 of 129

receiving contributions to the Trust consist of all employees of the City represented by the Association (“Defined Class”).

4. Employee Contribution Amount. The City and the Association agree that the City shall withhold a mandatory contribution tiered in the following structure based on paid full-time sworn employment in the fire service:
0-10 years $150/month over twenty-six pay periods per year 11-20 years $250/month over twenty-six pay periods per year 21+ years $350/month over twenty-six pay periods per year Employee contributions shall be on a pre-tax basis from the pay of every employee of the Defined Class and the City shall transmit such contributions to the Trust pursuant to the requirements of section 7 below. No Employee shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash. Unit employees shall be responsible for notifying Fire Administration of their eligibility to receive a particular contribution based on their years of service.

5. Employer Contribution Amount. For every employee in the Defined Class, the City shall contribute seventy-five dollars ($75.00) per month to the Trust on a pre-tax basis. No Employee will be permitted to opt-out of the mandatory employer contribution or receive any portion of the contributions in cash or other form.

6. Contribution of Employee Leave. The City and the Association agree that the City will make the following mandatory transfers, on a pre-tax basis, to the Trust (or RHSP if specifically elected by the employee; See, Section A, above) on behalf of every employee of the Defined Class:
a. Mandatory Accrued Vacation Leave Contribution at Separation.

The City shall, upon the Employee’s retirement or separation from the City with at least twenty (20) years of service, irrevocably contribute to the employee’s Trust (or RHSP) account on a pre-tax basis, an amount equal in value to 100% of the contribution for unused vacation leave as set forth in Article Five, Section II(F) of this MOU, and subject to all of the requirements and limitations of Article Five, Section II(F), i.e., at least one year of service with the City prior to termination.
b. Mandatory Accrued Sick Leave Contribution at Separation. The City shall, upon the employee’s retirement or separation from the City with at least twenty (20) years of service, irrevocably 56 of 129

contribute to the employee’s Trust (or RHSP) account on a pre-tax basis, an amount equal in value to 100% of the contribution for unused sick leave as set forth in Article Four, Section V(A) of this MOU, and subject to all of the requirements and limitations of Article Four, Section V(A).
c. If the employee is eligible to contribute to the employee’s Trust, the employee shall not have the option to receive a cash payout for the value of the accrued vacation or sick leave in lieu of making contributions to the Trust.

7. Remittance of Contributions. The City shall remit all contributions to the Trust in one aggregate payment, either per pay period or per calendar month at the City’s discretion. The contributions will be transmitted, via EFT payment, directly to the custodian of the Trust within 30 days after the last day of the calendar month that the contributions relate to.

The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will follow the Trust Office’s guidelines for reporting and depositing the required contributions set forth herein.

8. Reporting to the Trust Office. The City shall electronically submit to the Trust Office a report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds.

The City shall also provide an initial report of identifying information (i.e., name, address, date of hire, DOB, SSN, etc.) for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.

9. Modification of Employee Contribution. The City and the Association agree that the Association has the right, subject to approval of its 57 of 129

members according to the Association’s internal rules, to prospectively modify the amount of the mandatory employee monthly contribution in any increment of $25.00, no more than one time during the course of this Agreement, so long as the modification is mandatory for all employees of the Defined Class.

10. Limitations. The City is not a party to the Trust and shall not incur or be liable for any fees associated with the Trust. The City will only administer and report contributions toward a qualifying employee benefit plan under the Internal Revenue Code. The City may cease payroll deductions toward the Trust if the City incurs a fee, anticipates incurring a fee, or believes the payroll deductions will expose the City to legal claims or liabilities; provided however, that the City shall provide advance notice to the Association of its intent to cease contributions and allow the Association a reasonable opportunity to discuss or absorb any costs to the City. Responsibility for the maintenance and investment of the Trust funds rests solely with the Trust’s Board of Trustees.
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TRUST AGREEMENT

GOVERNING THE

WASHINGTON STATE COUNCIL OF FIRE FIGHTERS

EMPLOYEE BENEFIT TRUST
Restated Effective July 1, 2018
(Incl. Am. Nos. 1-6)
(7/28/18 Ed.)
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Trust Agreement Governing the Washington State
Council of Firefighters Employee Benefit Trust

WASHINGTON STATE COUNCIL OF FIRE FIGHTERS

EMPLOYEE BENEFIT TRUST

TABLE OF CONTENTS
Page
PREAMBLE................................................................................................................................................1 ARTICLE I DECLARATION OF TRUST..............................................................................................1

1. 2.

3. 4.

Name...................................................................................................................................1 Purpose................................................................................................................................1 Duration of the Trust Fund .................................................................................................2 Term of Trust Agreement ...................................................................................................2 ARTICLE II DEFINITIONS.....................................................................................................................2 ARTICLE III THE TRUSTEES ...............................................................................................................3

1. 2.

3. 4.

5. 6.

7. 8.

The Board of Trustees.........................................................................................................3 Statutory Capacities of Trustees .........................................................................................3 Agents for Service of Process.............................................................................................4 Number and Term of Trustees............................................................................................4 Membership Requirement...................................................................................................4 Appointment of Successor Trustees....................................................................................4 Individuals Disqualified from Serving as Trustees.............................................................5 Acceptance of Appointment by Trustees............................................................................5 Term of Appointment .........................................................................................................5 Termination of Appointment by Appointing Entity ...........................................................5 Termination of Appointment for Failure to Attend Meetings.............................................5 Termination of Appointment for Conviction of a Crime....................................................5 Termination of Appointment for Mental Incapacity...........................................................5 Resignation of Appointment...............................................................................................6 Vacancies............................................................................................................................6 Return of Books and Records .............................................................................................6

9. 10.

11. 12.

13. 14.

15. 16.

ARTICLE IV TRUST FUND ADMINISTRATION ...............................................................................6

1. 2.

3. 4.

5. 6.

7. 8.

Manner of Voting................................................................................................................6 Constitution of a Quorum ...................................................................................................6 Motions...............................................................................................................................6 Prohibition of Proxies .........................................................................................................6 Regular Meetings................................................................................................................7 Special Meetings.................................................................................................................7 Action without a Formal Meeting.......................................................................................7 Arbitration of Deadlocked Issues........................................................................................7 Election of Chairman and Secretary ...................................................................................8 Duties of Chairman and Secretary......................................................................................8 Authorized Signatures.........................................................................................................8 Compensation and Expenses...............................................................................................9 Benefits to Trustees Not Prohibited....................................................................................9

9. 10.

11. 12.

13. - i -
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Trust Agreement Governing the Washington State
Council of Firefighters Employee Benefit Trust
ARTICLE V PARTICIPATION...............................................................................................................9

1. 2.

3. 4.

Bargaining Units Entitled to Participate .............................................................................9 Other Bargaining Units.......................................................................................................9 Non-Bargaining Unit Employees of Participating Employers..........................................10 Unauthorized Participation ...............................................................................................10 ARTICLE VI TRUSTEE RESPONSIBILITIES...................................................................................10

1. General Duty – Receipt of Contributions and Creation and Administration of Benefit Plans.....................................................................................................................10 Compliance with the Internal Revenue Code ...................................................................10 Basis of Payments to and from Trust Fund.......................................................................11 Application of Trust Fund Assets .....................................................................................11 Fiduciary Standards ..........................................................................................................11 Deposits ............................................................................................................................11 Investments.......................................................................................................................11 Specifically Permitted Investments...................................................................................12 Title to Investments and Other Assets ..............................................................................12 Fidelity Bond ....................................................................................................................12 Records .............................................................................................................................13 Annual Audit.....................................................................................................................13 Plan Description................................................................................................................13 Annual Report...................................................................................................................13 Documents to be Examined or Furnished.........................................................................13 Procedure for Review of Denied Benefit Claims..............................................................14 Privacy Rule......................................................................................................................14 Whistleblower Policy........................................................................................................14

2. 3.

4. 5.

6. 7.

8. 9.

10. 11.

12. 13.

14. 15.

16. 17.

18. ARTICLE VII ALLOCATION OR DELEGATION OF TRUSTEE RESPONSIBILITIES............14

1. 2.

3. 4.

Allocation of Responsibilities to Committees ..................................................................14 Delegation of Investment Responsibilities .......................................................................15 Delegation of Other Responsibilities................................................................................15 Review of Performance ....................................................................................................16 ARTICLE VIII TRUSTEE POWERS....................................................................................................16

1. 2.

3. 4.

5. 6.

7. 8.

General Powers.................................................................................................................16 Specific Powers Discretionary..........................................................................................16 Benefit Plans Currently Being Provided...........................................................................16 Additional Benefit Plans...................................................................................................17 Design of the Benefit Plans...............................................................................................17 Means of Providing Benefits ............................................................................................17 Facility of Payment...........................................................................................................17 Self-Payments by Employees ...........................................................................................17 Administrative Agent........................................................................................................18 Banking Services ..............................................................................................................18 Other Professional and Non-Professional Help ................................................................18 Obtaining of Necessary Premises, Equipment and Supplies ............................................18 Insurance...........................................................................................................................18 Borrowing Money.............................................................................................................19

9. 10.

11. 12.

13. 14.
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15. 16.

17. 18.

19. 20.

21. 22.

23. 24.

25. 26.

27. 28.

29. Reserve Funds...................................................................................................................19 Payment of Taxes..............................................................................................................19 Refunds of Contributions Erroneously Paid .....................................................................19 Prosecution of Legal Actions or Claims ...........................................................................19 Defense of Legal Actions or Claims.................................................................................20 Compromise of Legal Actions or Claims .........................................................................20 Penalties for False or Withheld Information.....................................................................20 Correction of Errors..........................................................................................................20 Subscription Agreements..................................................................................................20 Participation in Certain Non-Profit Organizations............................................................21 Participation in Non-Profit Educational Organizations ....................................................21 Reciprocity........................................................................................................................21 Coordinated Administration..............................................................................................21 Mergers.............................................................................................................................22 Interpretation and Application of Documents...................................................................22 ARTICLE IX CONTRIBUTIONS AND COLLECTIONS..................................................................22

1. 2.

3. 4.

5. 6.

Contribution Reporting Forms..........................................................................................22 Contribution Due Date......................................................................................................22 Delinquent Contributions..................................................................................................22 Audit of Employer Books and Records ............................................................................23 Protection of Employees in Cases of Employer Delinquency ..........................................23 Coordination with Provisions in Collective Bargaining Agreements...............................23 ARTICLE X CLAIMS AND APPEAL PROCEDURES ......................................................................23

1. 2.

3. Procedures to be Followed................................................................................................23 Hearings before Board of Trustees ...................................................................................24 Exhaustion of Administrative Remedies ..........................................................................24 ARTICLE XI LIMITATIONS ................................................................................................................24

1. 2.

3. 4.

5. 6.

7. 8.

9. Liabilities and Debts of Trust Fund ..................................................................................24 Liabilities and Debts of Participating Parties....................................................................24 Personal Liabilities of Trustees.........................................................................................25 Judgments against Trust Fund ..........................................................................................25 Participating Parties’ Rights .............................................................................................25 Cessation of Participation .................................................................................................25 Protection of Trust Fund, Contributions, and Benefits.....................................................25 Reliance upon Written Documents...................................................................................26 Agents of Trust Fund........................................................................................................26 ARTICLE XII MISCELLANEOUS .......................................................................................................26

1. 2.

3. 4.

5. 6.

Trust Fund Offices............................................................................................................26 Applicable Laws and Regulations ....................................................................................26 Service in More than One Fiduciary Capacity..................................................................27 Notices ..............................................................................................................................27 Severability.......................................................................................................................27 Titles and Words...............................................................................................................27 - iii -
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ARTICLE XIII AMENDMENTS AND TERMINATION ...................................................................27

1. 2.

3. Amendments.....................................................................................................................27 Termination.......................................................................................................................28 Allocation upon Termination............................................................................................28 EXECUTION ............................................................................................................................................28 - iv -
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TRUST AGREEMENT

GOVERNING THE

WASHINGTON STATE COUNCIL OF FIRE FIGHTERS

EMPLOYEE BENEFIT TRUST

PREAMBLE
WHEREAS the Washington State Council of Fire Fighters (“WSCFF”) wishes to create an employee welfare benefit trust fund to hold contributions for a post-retirement medical trust fund for retirees from bargaining units represented by WSCFF locals; and WHEREAS the Washington State Council of Fire Fighters seeks to grant administration of the trust fund to a Board of Trustees as set forth in this Trust Agreement; and WHEREAS, the Board of Trustees of the Washington State Council of Fire Fighters adopted such Trust Agreement, effective July 1, 1999. And since that time have adopted six Amendments thereto;
NOW, THEREFORE, the signatory parties do hereby adopt the “Restated Trust Agreement”, including Amendment Nos. 1 through 6, and to update the address of the Trust Office and the name of the benefit plan, as set forth in the following pages, effective July 1, 2018.

ARTICLE I

DECLARATION OF TRUST

1. Name
The signatory parties hereby declare the establishment of a Trust Fund, named the Washington State Council of Fire Fighters
Employee Benefit Trust
The Trustees may hold property, enter into contracts, and in all matters act in behalf of the Trust Fund in such name.

2. Purpose
The purpose of the Trust Fund is to provide an entity to which contributions from participating employers, participating labor organizations, and participating employees can be paid, and through which the Trustees can create and administer one or more employee welfare - 1 -
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benefit plans for the participating employees on whose behalf the contributions have been paid, and their beneficiaries.

3. Duration of the Trust Fund
The Trust Fund shall continue in existence on an indefinite basis, contemporaneously with the terms of this Trust Agreement.

4. Term of Trust Agreement
This Trust Agreement shall be effective as of July 1, 1999, and shall continue indefinitely until such time as it may be terminated in accordance with the provisions of Article XIII hereof.

ARTICLE II

DEFINITIONS
The following definitions shall govern this Trust Agreement:

1. “Beneficiary” – any participating employee, spouse (or domestic partner per applicable law) or child (as defined in Internal Revenue Code Section 152 (f)(1)) of a participating employee or surviving spouse, surviving domestic partner or surviving child of a participating employee, who is entitled to benefits, as defined in a benefit plan.

2. “Benefit Plan” or “Employee Welfare Benefit Plan” – any lawful employee welfare benefit plan created and administered by the Trustees.

3. “Collective bargaining agreement” – a written agreement between a participating employer and a participating labor organization and any supplement, amendment, continuation, or renewal thereof, by the terms of which the employer or its employees are obligated to make contributions for the types of benefit plans administered by the Trustees.

4. “Contributions” – the payments required of a participating employer, or of participating employees, pursuant to the terms of a collective bargaining agreement, or special agreement, for the purpose of providing employee welfare benefits to the employees covered by said agreements and their beneficiaries, including the self-payments made by participating employees pursuant to any self-payment rules adopted by the Trustees.

5. “Participating Employee” – any individual employed by a participating employer who is covered by a collective bargaining agreement, or special agreement, and for whom contributions are made to the Trust Fund, and any individual who may have been so employed but is subsequently laid off, terminated, or retired.

6. “Participating employer” – any public or private employer that is party to a collective bargaining agreement and that satisfies the requirements of Article V hereof. - 2 -
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7. “Participating labor organization” – the labor organizations named in Article V hereof and any other lawful labor organizations (also known as Locals) that represent employees in collective bargaining with employers and that satisfy the requirements of Article V hereof.

8. “Related trust fund” – an employee benefit trust fund, other than this Trust Fund, to which participating employers make contributions as required by a collective bargaining agreement with participating labor organizations.

9. “Signatory parties” – the parties who have created this Trust Agreement and whose signatures appear on the last page hereof (or their successors).

10. “Subscription agreement” – a written agreement by which a labor organization or participating employer acknowledges its obligation to make contributions to the Trust Fund and subscribes to the terms and provisions of this Trust Agreement.

11. “Trust” or “Trust Fund” – the entity created by this Trust Agreement, and all property and money held by such entity, including all contract rights and records. The “Trust Office” is located at Vimly Benefit Solutions, Inc., 12121 Harbour Reach Drive, #105; P.O. Box 6, Mukilteo, WA 98275.

12. “Trustees” or “Board of Trustees” – the Trustees of the Trust Fund and their successors

13. “Welfare benefits” or “employee welfare benefits” – the benefits provided in an employee welfare benefit plan.

14. “WSCFF” –the Washington State Council of Fire Fighters.

ARTICLE III

THE TRUSTEES

1. The Board of Trustees
The Trust Fund and the employee welfare benefit plans shall be administered by a Board of Trustees.

2. Statutory Capacities of Trustees
For purposes of complying with the various provisions of the Employee Retirement Income Security Act of 1974, the Trustees shall be considered as “named fiduciaries,” “fiduciaries,” and the “plan administrator,” as those terms are used in the Act. - 3 -
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3. Agents for Service of Process
Each Trustee shall be considered as an agent of the Trust Fund for the purpose of accepting service of legal process; provided that the Trustees may designate their administrative agent, or another person, as agent of the Trust Fund for this purpose.

4. Number and Term of Trustees.
a) Nine trustees. There shall be nine Trustees, five of whom shall be elected by delegates of participating Locals in the Trust benefit plan(s) for a three year term, and four of whom shall be appointed by the Executive Board of the WSCFF for a one year term. The first term of the newly elected Trustee shall terminate on June 30, 2015, and the first term of the newly appointed Trustee shall terminate on June 30, 2013. The term of a new Trustee shall commence on July 1 following the WSCFF convention at which he was appointed or elected. Elections and appointments shall be according to rules of the WSCFF for its election of its Executive Board and its appointments, or to other special Trust election and appointment rules that the WSCFF adopts. b) Reserved Seats.
(i) Trustee from outside State of Washington. One of the four appointed Trustees positions shall be reserved for a member of a Local based outside the state of Washington, if such a person is available.
(ii) Retiree trustee. No more than one of the elected or appointed Trustee positions shall be available for a retiree, provided however that a Trustee who becomes a retiree while serving as a Trustee may finish his or her term, even if there is already a retiree on the Board.
(iii) Local 27. Effective July 1, 2012, and for the single term ending on June 30, 2015, one of the five elected Trustees positions shall be reserved for a member of the Seattle Fire Fighters Union, IAFF Local 27, on the condition that Local 27 is a participating Local during that three year term.
.

4. Membership Requirement
Effective June 30, 2004, each person elected or appointed as Trustee shall be an active member of a participating labor organization (or a retiree who was an active member until retirement) and a participating employee in one of the Trust’s benefit plans. There shall be no more than one Trustee from any participating labor organization.

5. Appointment of Successor Trustees
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In the event of the termination of appointment, resignation, or death of a Trustee, a successor Trustee shall be selected as follows: If the terminating Trustee was elected, the remaining Trustees shall select a Trustee for the balance of the term. If the terminating Trustee was appointed, the Executive Board of the WSCFF shall appoint a new Trustee.

6. Individuals Disqualified from Serving as Trustees
No individual who has been convicted of any of the crimes listed in Section 411(a) of the Employee Retirement Income Security Act of 1974 shall serve as a Trustee during the period of disqualification specified in the statute.

7. Acceptance of Appointment by Trustees
Each Trustee shall sign a document accepting his position as Trustee and agreeing to abide by the terms and provisions of this Trust Agreement. Acceptance will also be deemed to occur by attendance at two Trustee meetings.

8. Term of Appointment
Each Trustee shall serve until termination of appointment, resignation, or death.

Termination of Appointment by Appointing Entity9.

The appointment of a Trustee may be terminated at any time by the entity which originally made the appointment, according to such entity’s internal rules, procedures, or practices.

The termination of a Trustee’s appointment shall be effective upon the termination date specified in a written notice of termination, addressed to the Chairman and Secretary of the Trustees, prepared by the appointing entity.

10. Termination of Appointment for Failure to Attend Meetings The appointment of a Trustee shall be automatically terminated if such Trustee fails to attend three (3) consecutive meetings of the Trustees, without being excused from attendance by specific action of the remaining Trustees noted in the minutes.

11. Termination of Appointment for Conviction of a Crime The appointment of a Trustee shall be automatically terminated if such Trustee is convicted of any of the crimes listed in Section 411(a) of the Employee Retirement Income Security Act of 1974.

12. Termination of Appointment for Mental Incapacity
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The appointment of a Trustee shall be automatically terminated if such Trustee is declared mentally incompetent by court decree.

13. Resignation of Appointment
A Trustee may resign his appointment at any time subject to applicable law. Such resignation shall be effective upon the resignation date specified in a written notice of resignation addressed to the Chairman and Secretary of the Trustees.

14. Vacancies
No vacancy in the position of Trustee shall impair the power of the remaining Trustees to administer the affairs of the Trust Fund so long as a quorum exists as specified in Article IV, Section 2, hereof.

15. Return of Books and Records
In the event of the termination of appointment, resignation, or death of a Trustee, the Trustee (or his legal guardian, heirs, or personal representative) shall, upon the request of the Chairman or the Secretary of the Trustees, forthwith turn over to the Chairman or Secretary any and all records, books, documents, monies, and other property in the possession of the Trustee, or under his control, that belong to the Trust Fund or that were received by him in his capacity as Trustee.

ARTICLE IV

TRUST FUND ADMINISTRATION

1. Manner of Voting
Any action to be taken by the Trustees shall be determined by majority vote of the total number of Trustees in attendance at the meeting, with abstentions deemed not to be votes.

2. Constitution of a Quorum
To constitute a valid regular or special meeting of the Trustees, a quorum must be present. A quorum exists if there are present at a meeting a majority of the number of Trustee positions pursuant to Article III, Section 4, hereof, even if all positions are not filled.

3. Motions
Any Trustee, including the Chairman or Secretary, may offer or second any motion or resolution presented for the Trustees’ consideration.

4. Prohibition of Proxies
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To encourage full attendance at meetings of the Trustees and due consideration of the matters being voted upon, there shall be no proxies. A Trustee must be present in order to cast a vote.

5. Regular Meetings
The Trustees shall hold regular periodic meetings consistent with the needs of Trust Fund business, provided that there shall be at least two (2) regular meetings held during each calendar year. The Trustees shall determine the time and place of all such meetings.

6. Special Meetings
Either the Chairman or the Secretary or any two (2) Trustees may call a special meeting of the Trustees by giving written notice to all the other Trustees of the time and place of such meeting at least ten (10) days before the date set for the meeting, provided that ten (10) days’ advance notice shall not be necessary if all Trustees are agreeable to an earlier meeting.

7. Action without a Formal Meeting
The Trustees may take action without a formal meeting by means of (a) a conference telephone call, arranged by the Secretary or the administrative agent, in which all Trustees participate; (b) the presentation of a written motion or resolution sent to all Trustees by the Secretary or the administrative agent and the subsequent obtaining of Trustee votes on the motion or resolution in telephone calls placed to each Trustee by the Secretary or the administrative agent; or (c) the presentation of a written motion or resolution sent to all Trustees by the Secretary or the administrative agent and the subsequent obtaining of Trustee votes on the motion or resolution in letters sent by each Trustee to the Secretary or the administrative agent.

Any such action shall be reported in the minutes of the next formal meeting.

8. Arbitration of Deadlocked Issues
In the event the Trustees should deadlock on any matter submitted for their concurrence, the dispute may be referred by either group of Trustees to an impartial arbitrator in accordance with the labor arbitration rules of the American Arbitration Association. A deadlock shall be deemed to occur when there is a tie vote on any motion before the Trustees.

The Trustees shall attempt to agree on the joint submission of a statement of the issue in dispute. However, if the Trustees cannot jointly agree upon such a statement, each group of Trustees shall submit to the arbitrator, in writing, its version of the issue in dispute. As part of his award, the arbitrator shall state his determination as to the exact issue.

The expenses of any such arbitration, including any court proceedings relating thereto, the fee of the arbitrator, and the reasonable attorney and witness fees of the parties shall be chargeable to the Trust Fund.
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The decision and award of the arbitrator shall be final and binding upon the Trustees and upon all parties whose interests are affected thereby.

The procedure specified in this Section shall be the sole and exclusive procedure for the resolution of deadlocked issues.

9. Election of Chairman and Secretary
The Trustees shall elect one of the appointed Trustees as Chairman and one of the entire Board of Trustees as Secretary.

The Chairman and the Secretary shall each hold office indefinitely, provided that, when a particular Chairman and Secretary have held office for two (2) years or at any time thereafter, any Trustee may obtain, on request, a new election of officers.

A Chairman or Secretary may resign his office at any time. Such resignation shall be effective upon the resignation date specified in a written notice of resignation addressed to the remaining Trustees. In case of the resignation, death, or termination of appointment of either the Chairman or the Secretary, there shall be a new election of both offices.

10. Duties of Chairman and Secretary
The Chairman shall chair the meetings of the Trustees, shall appoint all committees, and shall carry out such other duties as the Trustees may assign to him.

The Secretary, in the absence of the Chairman, shall act in the place of the Chairman and perform the Chairman’s duties. The Secretary shall also advise the Trustees as to all correspondence and financial reports pertaining to the Trust Fund and shall keep minutes or records of all meetings, proceedings, and actions of the Trustees, provided that these particular responsibilities may be delegated to the administrative agent or to the other of the professional or non-professional help retained by the Trustees.

11. Authorized Signatures
The Chairman and the Secretary or any two authorized Trustees shall sign all negotiable instruments, certificates, contracts, government reports, and other legal documents on behalf of the Trust Fund, provided that the authority for signing negotiable instruments may be delegated to the administrative agent, corporate trustee (if any), depository bank, or custodian bank. All persons doing business with the Trust Fund may rely on such signatures.

If the Trust Fund issues benefit checks to participating employees or their beneficiaries, the signatures of the Chairman and Secretary may be affixed thereto by a facsimile signature device, under safeguards determined by the Trustees.
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12. Compensation and Expenses
No Trustee shall receive any compensation from the Trust Fund for services as a Trustee except as may be allowed under the Employee Retirement Income Security Act of 1974, and as may be authorized by the Trustees.

Each Trustee shall be reimbursed out of the Trust Fund for all expenses properly and actually incurred by him in the administration of the Trust Fund.

The Trustees shall establish the conditions for the payment of compensation (if any) and for the reimbursement of expenses.

13. Benefits to Trustees Not Prohibited
Nothing in this Trust Agreement shall prohibit a Trustee from receiving any benefits under the terms of a benefit plan, if he is otherwise eligible for the same as a participating employee or as a beneficiary of a participating employee.

ARTICLE V

PARTICIPATION

1. Bargaining Units Entitled to Participate
The following labor organizations (or their successors), and the employees in the bargaining units represented by such labor organizations, shall be allowed to participate in the Trust Fund:

Fire Fighter Locals that are members of the
International Association of Fire Fighters

2. Other Bargaining Units
The Trustees shall have the authority to permit labor organizations (other than those specified above), and the employees in a bargaining unit covered by a collective bargaining agreement, to participate in the Trust Fund.

The participation of such bargaining units shall be entirely discretionary with the Trustees and shall be subject to whatever terms and conditions they may impose.

The Trustees have the authority to decline or terminate the participation of a particular bargaining unit if (a) the labor organization and the employer fail to provide the Trustees with a copy of their collective bargaining agreement; (b) the language of the contribution provisions in the collective bargaining agreement does not meet the requirements established by the Trustees (if any); (c) the labor organization fails to submit a subscription agreement binding it to this Trust Agreement, if required; (d) the negotiated contribution rate is lesser, or greater, than the - 9 -
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contribution rate supporting a particular benefit plan then being administered by the Trustees, provided that the Trustees, in their discretion, may accept the different contribution rate and establish different eligibility rules or benefit formulas for the employees affected; or (e) there exist other facts and circumstances that, in the Trustees’ discretion, justify a declination or termination of participation.

3. Non-Bargaining Unit Employees of Participating Employers The Trustees shall have the authority to enter into subscription agreements directly with participating employers, who are contributing for their bargaining unit employees, by the terms of which such an employer agrees to make contributions to the Trust Fund so that the non- bargaining unit employees of the employer can be covered by the benefit plans provided through the Trust Fund.

The acceptance of such subscription agreements shall be entirely discretionary with the Trustees and shall be subject to applicable law and whatever terms and conditions they may impose.

4. Unauthorized Participation
The only individuals who shall be entitled to participate in and receive benefits from the Trust Fund shall be those employees who are within the bargaining units described in Sections 1 and 2 or who are within the group described in Section 3 above. It is expected that participating employers will submit contributions only on behalf of such employees. The receipt by the Trust Fund of contributions which may be submitted on behalf of individuals who are not eligible to participate shall not estop the Trustees from declining or terminating the participation of such individuals nor shall it constitute a waiver of any of the provisions of this Article or of the benefit plans.

ARTICLE VI

TRUSTEE RESPONSIBILITIES

1. General Duty – Receipt of Contributions and Creation and Administration of Benefit Plans
It shall be the general duty of the Trustees to receive the contributions from participating employers and the contributions from participating employees (if any) and any other income or assets that they may receive and, with such, to create and administer one or more employee welfare benefit plans for the participating employees and their beneficiaries.

Additionally, the Trustees shall have the specific duties set forth in this Trust Agreement and such other duties as are imposed upon them by the Employee Retirement Income Security Act of 1974 and other applicable laws.

2. Compliance with the Internal Revenue Code
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The Trustees shall administer the Trust Fund and the benefit plans so that, to the extent allowed in the Internal Revenue Code, employer contributions are tax deductible, the Trust Fund is tax exempt, and the value of the employee welfare benefits is excludable from the recipients’ taxable income.

3. Basis of Payments to and from Trust Fund
The basis on which contributions of participating employers and contributions of participating employees (if any) are made shall be as specified in the underlying collective bargaining agreement or subscription agreement. The basis on which benefits are paid out of the Trust Fund shall be as specified in the employee welfare benefits plans.

4. Application of Trust Fund Assets
As required by Section 403(c)(1) of the Employee Retirement Income Security Act of 1974, the assets of the Trust Fund shall never inure to the benefit of any participating employer and shall be held for the exclusive purposes of providing benefits to participating employees and their beneficiaries and defraying reasonable expenses of administering the plan.

5. Fiduciary Standards
As required by Section 404(a)(1)(A) and (B) of the Employee Retirement Income Security Act of 1974, the Trustees shall discharge their duties and administer the Trust Fund assets solely in the interest of the participating employees and their beneficiaries and for the exclusive purpose of (a) providing benefits to participating employees and their beneficiaries and (b) defraying reasonable expenses of benefit plan administration.

In carrying out the duties, the Trustees shall act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims.

6. Deposits
The contributions or any other monies which the Trustees may receive shall be deposited in one or more banks or similar financial institutions supervised by the United States or a state, pending the allocation of such monies for the payment of current benefits and expenses or for investment. Such monies may be commingled, on a temporary basis, with monies belonging to other related trust funds.

7. Investments
The Trustees shall invest all contributions or other monies not required for the payment of current benefits and expenses. The Trustees may invest and reinvest in bank accounts, - 11 -
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savings and loan accounts, securities, mortgages, deeds of trust, notes, commercial paper, real estate, insurance contracts, and in such other property, real, personal, or mixed, as they deem prudent provided that, in making of investments, the Trustees shall diversify such investments as required by Section 404(a)(1)(C) of the Employee Retirement Income Security Act of 1974 so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. Further, no investment shall be made which would constitute a “prohibited transaction” within the meaning of Section 406 of such Act, provided that the Trustees shall have the authority to apply to the Secretary of Labor for a conditional or unconditional exemption from any of the “prohibited transaction” rules, as they may deem necessary in the administration of the Trust Fund and the benefit plans.

8. Specifically Permitted Investments
In the event the Trustees designate one or more banks or similar financial institutions supervised by the United States or a state to serve as custodian of the trust assets, or as a corporate trustee, or in another fiduciary capacity, the monies belonging to the Trust Fund may be invested in the accounts of such bank or institution, provided that such accounts bear a reasonable interest rate.

Further, the monies of the Trust Fund may be invested in (a) a common or collective trust fund or pooled investment fund, maintained by a bank or trust company supervised by the United States or a state or (b) in a pooled investment fund of an insurance company, even though such bank, trust company, or insurance company is a party-in-interest as that terms is designated in Section 3(14) of the Employee Retirement Income Security Act of 1974, provided that the bank, trust company, or insurance company receives not more than reasonable compensation for managing such an investment.

9. Title to Investments and Other Assets
Title to all investments or other assets of the Trust Fund shall be maintained in the name of the Trust Fund, provided that, for convenience in transferring stocks, bonds, or other negotiable securities, title to such securities may be held in the name of the Trust Fund’s custodian bank or of its nominee.

Except as may be authorized by regulation of the Secretary of Labor, the indicia of ownership of all investments and other assets of the Trust Fund shall not be maintained outside the jurisdiction of the district courts of the United States.

10. Fidelity Bond
The Trustees shall procure a fidelity bond in the amount required by Section 412(a) of the Employee Retirement Income Security Act of 1974 covering each Trustee or other person who receives, handles, disburses, or otherwise exercises custody or control of any of the funds or other property of the Trust Fund. The cost of such bond shall be chargeable to the Trust Fund, provided that, if such bond covers persons other than the Trustees or the employees (if any), and - 12 -
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if there is an additional premium for the coverage for such other persons, the additional premium shall be chargeable to such other persons.

11. Records
The Trustees shall maintain records of their administration of the Trust Fund, including records of all receipts and disbursements, all investments purchased or sold, the texts of all benefit plans, all employee eligibility listings, all minutes of Trustee meetings, and all correspondence. No such record shall be destroyed except upon the specific action of the Trustees, and destruction shall not be directed until a period of eight (8) years has elapsed from the date the record was created.

12. Annual Audit
The Trustees shall engage, on behalf of the participating employees and their beneficiaries, an independent qualified public accountant and shall authorize such accountant to conduct an annual financial examination of the Trust Fund, as required by Section 103(a)(3)(A) of the Employee Retirement Income Security Act of 1974. The cost of such examination shall be chargeable to the Trust Fund.

A statement of the results of each such examination shall be submitted to the Trustees for their review and, further, shall be made part of the Trust Fund’s annual report.

13. Plan Description
The Trustees shall a plan description, a summary plan description, and any modifications or changes in the information contained in such description, as required by Section 102 of the Employee Retirement Income Security Act of 1974.

The Trustees shall also furnish to participating employees and to each beneficiary receiving benefits, copies of the summary plan description and copies of any modifications or changes in the information in such description, as required by Section 104(b)(1) of such Act.

14. Annual Report
The Trustees shall prepare and file with the Department of Labor an annual report, as required by Section 103 of the Employee Retirement Income Security Act of 1974. The Trustees shall also furnish to participating employees and to each beneficiary receiving benefits portions of the annual reports as required by Section 104(b)(3) of such Act.

15. Documents to be Examined or Furnished
The Trustees shall make copies of (a) this Trust Agreement; (b) the plan description; (c) the latest annual report; (d) the applicable collective bargaining agreement; and (e) any other contracts or instruments under which a benefit plan is established or operated available for - 13 -
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examination by participating employees or their beneficiaries in the Trust Office, as required by Section 104(b)(2) of the Employee Retirement Income Security Act of 1974.

The Trustees shall, upon written request by a participating employee or his beneficiary, furnish to the participating employee or beneficiary a copy of (a) this Trust Agreement; (b) the plan description; (c) the latest updated summary plan description; (d) the latest annual report; (e) any terminal report; (f) the applicable collective bargaining agreement; and (g) any other contracts or instruments under which a benefit plan is established or operated, as required by Section 104(b)(4) of such Act. Such copies shall be furnished within thirty (30) days of the request. The Trustees may impose a reasonable charge for such copies as may be allowed by regulation of the Secretary of Labor.

16. Procedure for Review of Denied Benefit Claims
The Trustees shall establish administrative procedures whereby participating employees or their beneficiaries whose claims for benefits are denied are notified, in writing, of the reasons for such denial and which afford such a participating employee or beneficiary a reasonable opportunity for a full and fair review, as required by Section 503 of the Employee Retirement Income Security Act of 1974. Such procedures shall include the hearing and appeal provisions set forth in Article X hereof.

17. Privacy Rule
The Trustees shall provide certification to the Trust Fund that they agree to not use or disclose Protected Health Information (“PHI”) other than as permitted or required by the Plan document(s) or as required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its corresponding regulations titled the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule). The Trustees shall have the authority to implement policies and procedures and take any other action that may be required in order to comply withy HIPAA and the Privacy Rule. Any omissions or oversights in the use and/or disclosure of PHI will be resolved in accordance with the applicable law and its regulation(s).

18. Whistleblower Policy
The Trustees shall discharge their duties and administer the Trust Fund in such a manner as to comply with Section 510 of the Employee Retirement Income Security Act of 1974, ‘Interference with Rights Protected under Act’.

ARTICLE VII

ALLOCATION OR DELEGATION OF TRUSTEE RESPONSIBILITIES

1. Allocation of Responsibilities to Committees
The Trustees may allocate to one or more committees of Trustees all or part of the following responsibilities, with full Power to act: (a) the responsibility for managing the Trust - 14 -
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Fund investments (if not otherwise delegated to a qualified investment manager); (b) the responsibility for reviewing and determining benefit claims of participating employees and their beneficiaries; (c) the responsibility for conducting hearings and issuing determinations as provided for in Article X, Section 2 hereof; (d) the responsibility for resolving questions or problems that may be encountered in connection with payroll auditing activities; (e) the responsibility for resolving questions or problems that may be encountered in connection with payroll auditing activities; (f) the responsibility for resolving questions or problems that may be encountered in connection with the collection of delinquent employer accounts; (g) the responsibility for resolving questions or problems that may be encountered in connection with the day-to-day work of the administrative agent; (h) the responsibility for reviewing the performance of the qualified investment manager (if any), and of the other professional persons retained by the Trustees.

In the event the Trustees elect to allocate any of the stated responsibilities, they shall do so by the adoption of a motion or resolution calling for the appointment of a committee of Trustees and specifying the particular responsibility that is being allocated. With respect to the responsibility that is allocated, the committee shall have all the powers of the full Board of Trustees. Any action to be taken by the committee shall be determined according to the voting formula contained in Article IV, Section 1 hereof. If the committee members deadlock on any matter submitted for their concurrence, such matter shall be referred to the full Board of Trustees for review and action.

Nothing contained herein shall in any way limit the authority of the Trustees to create additional committees for the purpose of assisting with or expediting the affairs of the Trust Fund, provided that any such committee shall be empowered only to make recommendations with respect to the matters referred to it.

2. Delegation of Investment Responsibilities
The Trustees may delegate all or part of their responsibilities for the management of the Trust Fund investments to one or more qualified investment managers, as that term is defined in Section 3(38) of the Employee Retirement Income Security Act of 1974, i.e., (a) an investment adviser registered as such under the Investment Advisers Act of 1940; (b) a bank as defined in that Act; or (c) an insurance company qualified to manage, acquire, or dispose of employee benefit plan assets under the laws of more than one state.

In the event the Trustees elect to delegate investment responsibility they shall do so by the adoption of a motion or resolution making the delegation to a designated investment manager. The delegation shall be effective when the investment manager accepts the delegation and acknowledges in writing his status as a fiduciary with respect to the Trust Fund.

3. Delegation of Other Responsibilities
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The Trustees may delegate all or part of their responsibilities with respect to the administration of the Trust Fund or the benefit plans (except investment responsibilities) to their administrative agent or to any other person whom they may designate for such purpose.

In the event the Trustees elect to delegate a particular responsibility they shall do so by the adoption of a motion or resolution making the delegation to a designated person. The delegation shall be effective when the designated person accepts the delegation. If the delegation involves a responsibility other than one which is ministerial in nature, the designated person shall also acknowledge in writing his status as a fiduciary with respect to the Trust Fund.

4. Review of Performance
In the event the Trustees elect to allocate or delegate Trustee responsibilities they shall periodically review the performance of the persons to whom such responsibilities have been allocated or delegated.

ARTICLE VIII

TRUSTEE POWERS

1. General Powers
Except as may be expressly limited by the terms of this Trust Agreement, Trustees shall have full and exclusive authority to control and administer the Trust Fund and the employee welfare benefit plans which they create.

The authority of the Trustees not only encompasses the specific powers recited in the various paragraphs of this Trust Agreement but also includes the general power to do all things and take all actions, including the expenditure of Trust Fund monies, which they may deem necessary to carry out the purpose of this Trust Agreement. The Trustees may implement their powers through the adoption of appropriate motions, resolutions, or administrative rules and regulations.

2. Specific Powers Discretionary
The recitation of specific powers in this Trust Agreement shall not be interpreted as compelling the exercise of any such power. The exercise of specific powers is discretionary with the Trustees.

3. Benefit Plans Currently Being Provided
The employee welfare benefit plan (or plans) presently being administered through this Trust Fund is (are) described as follows:

Medical Expense Reimbursement Plan (ef. July 1, 2018).
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The Trustees shall have the authority to amend such benefit plan (or plans), or any plans hereafter adopted, including amendments that expand, restrict, or terminate all or part of the rules relating to eligibility for benefits, or to the amount and nature of such benefits, as they may determine. Amendments may be made on a prospective or retroactive basis.

4. Additional Benefit Plans
The Trustees shall have the authority to create and administer additional employee welfare benefit plans as may be lawful under Section 3(1) of the Employee Retirement Income Security Act of 1974, provided that such plans are supported by employer or employee contributions.

5. Design of the Benefit Plans
The Trustees shall have the authority to determine the details of the benefit plans, including the determination of the rules under which participating employees shall be eligible for benefits and the nature and amount of such benefits. The Trustees shall also have the authority to determine whether benefits shall be extended to beneficiaries of participating employees and, if so, to determine which class or classes of beneficiaries shall be eligible for benefits, the eligibility rules which will apply to such class or classes of beneficiaries, and the nature and amount of such benefits. If there are different contribution rates, the Trustees may establish different eligibility rules, or benefit formulas, for the participating employees and their beneficiaries who are affected thereby.

6. Means of Providing Benefits
The Trustees shall have the authority to provide the benefits, in whole or in part, directly from the Trust Fund or to contract with an insurance carrier, service organization, health maintenance organization, or other entity, to underwrite or provide such benefits.

7. Facility of Payment
The Trustees shall have the authority to adopt rules by the terms which benefit payments owing to minors or incompetents may be paid instead to a person or institution providing care or other services to such minor or incompetent, even though a legal guardianship does not exist.

Benefit payments made under any such rules shall fully discharge the Trust Fund’s obligation to the minor or incompetent.

8. Self-Payments by Employees and Beneficiaries
The Trustees shall have the authority to include provisions in the benefit plan(s) by the terms of which participating employees and/or beneficiaries, may be permitted to make contributions on their own behalf, only as allowed by federal law. - 17 -
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9. Administrative Agent
The Trustees shall have the authority to retain, at the expense of the Trust Fund, one or more administrative agents to assist the Trustees in the day-to-day administration of the Trust Fund and the benefit plans. Such assistance may include the receipt and recording of contributions, the processing of delinquent accounts, the preparation of employee eligibility listings, the processing of benefit applications, the payment of benefits, the maintenance of financial records, and the handling of routine communications.

The administrative agent may be a contract administrator or a salaried administrator. In the event the Trustees employ a salaried administrator they shall also have the authority to employ such additional administrative staff personnel as may be necessary.

The Trustees shall periodically review the performance of the administrative agent.

10. Banking Services
The Trustees shall have the authority to retain, at the expense of the Trust Fund, one or more banks or similar financial institutions supervised by the United States or a state, to perform depository or custodial services, or to serve as corporate trustee or co-trustee, on behalf of the Trust Fund.

The Trustees shall periodically review the performance of the banks which they have retained to perform banking services.

11. Other Professional and Non-Professional Help
The Trustees shall have the authority to retain, at the expense of the Trust Fund, one or more accountants, actuaries, attorneys, employee benefit plan consultants, investment managers, payroll auditors, and other professional or non-professional help, as they may deem necessary in the administration of the Trust Fund and the benefit plans. Unless limited by the Employee Retirement Income Security Act of 1974, the retention of any such professional or non- professional help may be on a contract or salaried basis.

The Trustees shall periodically review the performance of their professional and non- professional help.

12. Obtaining of Necessary Premises, Equipment and Supplies The Trustees shall have the authority to purchase or lease suitable premises and equipment and to purchase materials and supplies, at the expense of the Trust Fund, as they may deem necessary in the administration of the Trust Fund and the benefit plans.

13. Insurance
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The Trustees shall have the authority to purchase policies of insurance (liability, property damage, casualty, and errors and omissions) to protect the Trust Fund and to protect themselves and their employees (if any) with respect to their activities on behalf of the Trust Fund as they may deem necessary. The cost of such insurance policies shall be chargeable to the Trust Fund, provided that, if such insurance policies cover persons other than the Trustees or their employees (if any), and if there is an additional premium for coverage for such other persons, the additional premium shall be chargeable to such other persons.

Any policy of errors and omissions insurance which covers the Trustees individually shall contain a recourse clause as required by Section 410(b)(1) of the Employee Retirement Income Security Act of 1974, provided that nothing herein shall prevent a Trustee (or an employer, employer association, or labor organization acting on his behalf) from purchasing for the Trustee a waiver of the recourse clause or a separate policy insuring against such recourse.

14. Borrowing Money
The Trustees shall have the authority to borrow money for the Trust Fund, with or without security, as they may deem necessary in the administration of the Trust Fund and the benefit plans.

15. Reserve Funds
The Trustees shall have the authority to maintain reasonable reserve funds for future contingencies as they may deem necessary in the administration of the Trust Fund and the benefit plans.

16. Payment of Taxes
The Trustees shall have the authority to pay, at the expense of the Trust Fund, all real and personal taxes, and other taxes and assessments of any kind that may be lawfully levied or assessed against the Trust Fund.

17. Refunds of Contributions Erroneously Paid
The Trustees shall have the authority to adopt rules by the terms of which refunds of contributions may be made to a participating employer or employee where the employer or employee has paid such contributions in error, provided that employer refunds shall be made only as permitted by Section 403(c) of the Employee Retirement Income Security Act of 1974.

18. Prosecution of Legal Actions or Claims
The Trustees shall have the authority to originate and maintain any legal actions or claims involving potential legal actions, at the expense of the Trust Fund, as they may deem necessary in the administration of the Trust Fund and the benefit plans. All such actions and claims shall be prosecuted in the name of the Trust Fund or in the name of an assignee. - 19 -
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19. Defense of Legal Actions or Claims
The Trustees shall have the authority to defend all legal actions, claims involving potential legal actions, and investigatory proceedings initiated against the Trust Fund or against one or more of the Trustees, former Trustees, administrative agents, or against one or more of the employees of the Trust Fund (if any) that relate to the administration of the Trust Fund or the benefit plans. Except as stated below, the defense of such actions, claims, and proceedings shall be at the expense of the Trust Fund.

If the final court decree establishes personal liability on the part of specified Trustees, administrative agents, or employees (if any) for breach of their fiduciary responsibilities, as permitted by Section 409(a) of the Employee Retirement Income Security Act of 1974, and orders that the specified persons are to bear the expenses of their own defense, their attorney fees shall not be chargeable to the Trust Fund. If attorney fees and costs have already been charged to the Trust Fund, the specified persons shall be obligated to repay the Trust Fund for the pro- rate share of such fees and costs.

20. Compromise of Legal Actions or Claims
The Trustees shall have the authority to compromise, settle, or release all legal actions or claims involving potential legal actions, in favor of or against the Trust Fund, on such terms and conditions as they may determine.

21. Penalties for False or Withheld Information
The Trustees shall have the authority to adopt rules and regulations by the terms of which reasonable penalties or forfeitures may be imposed upon participating employees or beneficiaries who (a) falsify any information requested of them in the administration of the Trust Fund and the benefit plans; or (b) fail to provide requested information within a reasonable time.

22. Correction of Errors
It is recognized and acknowledged by all parties that the Trustees will provide eligibility credits or benefits to participating employees and their beneficiaries based on Trust Fund records. It is also recognized and acknowledged that such records could be incorrect due to (a) incomplete records; (b) employees or beneficiaries submitting incorrect or false benefit applications; (c) recording or computation errors by the administrative agent; (d) computer errors; or (e) other similar circumstances. The Trustees shall have the authority to correct the Trust Fund records whenever errors are discovered and to terminate participation, adjust eligibility credits or benefits, or seek the recovery of benefit overpayments, as they may determine.

23. Subscription Agreements
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The Trustees shall have the authority to create and distribute subscription agreements, at the expense of the Trust Fund, by the terms of which a participating employer or labor organization acknowledges its obligation to make contributions to the Trust Fund and subscribes to the terms and provisions of this Trust Agreement.

24. Participation in Certain Non-Profit Organizations
The Trustees shall have the authority to participate in non-profit foundations, corporations, councils, committees, or other organizations that have as their purpose (a) the alleviation of physical or mental disease, or of other conditions or hazards that require the care or service being paid for through the benefit plans administered by the Trustees; or (b) the improvement in the availability of, and quality of, medical care, or of other care or service being paid for through the benefit plans, or the reduction in the costs of such care or services. If the Trustees act to participate in any such non-profit organization, the membership or participation fees of the organization shall be chargeable to the Trust Fund.

Further, to the extent that such is not prohibited by the Employee Retirement Income Security Act of 1974, the Trustees may make loans, grants, or donations to any such nonprofit organization, in reasonable amounts, out of the uncommitted reserves of the Trust Fund.

25. Participation in Non-Profit Educational Organizations The Trustees shall have the authority to participate in non-profit foundations, corporations, committees, or other organizations which sponsor educational programs or provide educational materials pertaining to the administration of trust funds of this nature and of employee benefit plans. If the Trustees act to participate in any such non-profit organization, the membership or participation fees of the organization shall be chargeable to the Trust Fund.

The Trustees shall also have the authority to purchase educational materials and to provide for the attendance of the Trustees, or of such of their employees (if any), as they may designate, at educational conferences and meetings. The costs of such materials and attendance shall be chargeable to the Trust Fund.

26. Reciprocity
The Trustees shall have the authority to enter into reciprocal agreements with other employee benefit trust funds providing similar benefits to those provided through the Trust Fund, for the exchange of eligibility credits or monies or for the payment of pro-rata benefits, in order to protect employees who may terminate their participation in the Trust Fund and begin participation in a reciprocal trust fund and vice versa.

27. Coordinated Administration
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The Trustees shall have the authority to coordinate the administration of the Trust Fund and of the benefit plans with the administration of related employee benefit trust funds and benefit plans, to such extent as they may determine.

28. Mergers
It is recognized that at some time or times in the future, the Trustees may deem it in the best interest of the Trust Fund and of the participating employers, employer associations, labor organizations, and employees to accept the merger of another employee welfare benefit trust fund into the Trust Fund or to merge the Trust Fund into another employee welfare benefit trust fund.

In the event that another employee welfare benefit trust fund is to be merged into the Trust Fund, the Trustees shall have the authority to negotiate the terms of the merger, enter into an appropriate merger agreement, and carry out the steps necessary to consummate the merger.

In the event that the Trust Fund is to be merged into another employee welfare benefit trust fund, the Trustees shall have the authority to negotiate the terms of the merger, enter into an appropriate merger agreement, and pursuant thereto, to terminate the Trust Fund subject to Article XIII Section 2 hereof, and to transfer the remaining monies, assets, and liabilities to the other trust fund.

29. Interpretation and Application of Documents
The Trustees shall have the authority to interpret and apply the provisions of this Trust Agreement, or of the benefit plans, or of their own motions, resolutions, and administrative rules and regulations, or of any contracts, instruments, or writings that they may have adopted or entered into.

ARTICLE IX

CONTRIBUTIONS AND COLLECTIONS

1. Contribution Reporting Forms
The Trustees may create and make available, at their discretion, contribution reporting forms.

2. Contribution Due Date
The Trustees shall have the authority to fix a due date for all contributions.

Delinquent Contributions3.

A participating employer shall be considered to be delinquent in the payment of contributions if it (a) fails to submit a contribution reporting form, and the contributions detailed therein, by the close of business on the due date; or (b) fails to submit contributions on behalf of - 22 -
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all the employees for whom contributions are required by the underlying collective bargaining agreement or Special Agreement; or (c) fails to compute properly the contributions according to the required contribution formula specified in the underlying collective bargaining agreement or Special Agreement.

The Trustees shall undertake reasonable efforts, at the expense of the Trust Fund, to collect known delinquent contributions and related claims.

4. Audit of Employer Books and Records
The Trustees shall have the authority, at the expense of the Trust Fund, to audit the payroll books and records of a Participating Employer, either directly or through a qualified public accountant, as they may deem necessary in the administration of the Trust Fund. Such payroll audit may be undertaken pursuant to a routine payroll audit program or on an individual basis.

5. Protection of Employees in Cases of Employer Delinquency To protect participating employees and beneficiaries in situations where participating employees may be denied eligibility credits or benefits because their employer is delinquent in the payment of contributions, the Trustees shall have the authority to extend eligibility credits to such employees or to direct the payment of benefits to them, or to their beneficiaries, in whole or in part, as they may determine.

6. Coordination with Provisions in Collective Bargaining Agreements In the event the underlying collective bargaining agreement contains provisions relating to delinquencies that specify additional remedies or obligate the delinquent employer to greater amounts of liquidated damages, interest, or attorney fees than those set forth herein, the Trustees, at their option, may pursue the additional remedies or impose the greater charges.

The Trustees shall not be obligated, however, to pursue the collection of delinquent accounts through the grievance-arbitration procedures (if any) provided for in the underlying collective bargaining agreement.

ARTICLE X

CLAIMS AND APPEAL PROCEDURES

1. Procedures to be Followed
The Trustees and the participating employees and their beneficiaries shall follow these claims and appeal procedures.

The procedures specified in this Article and in the employee benefit plan(s) administered through this Trust Fund, together with any written hearing procedures adopted by the Trustees, shall be the exclusive procedures available to a participating employee or beneficiary who is dissatisfied with an - 23 -
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eligibility determination or benefit award, or who is otherwise adversely affected by any action of the Trust Office.

2. Hearings before Board of Trustees
Any participating employee or beneficiary of a participating employee who applies for benefits and is ruled ineligible by the Trust Office (or by a committee of Trustees, an administrative agent, insurance carrier, or other organization acting for the Trustees) or who believes he did not receive the full amount of benefits to which he is entitled, or who is otherwise adversely affected by any action of the Trust Office, shall have the right to request the Trustees to conduct a hearing in the matter, provided that he makes such a request, in writing, within one hundred eighty-one (181) days after being apprised of, or learning of, the action. The Trustees shall then conduct a hearing at which the participating employee or beneficiary shall be entitled to present his position and any evidence in support thereof. The participating employee or beneficiary may be represented at any such hearing by an attorney or by any other representative of his choosing. Thereafter, the Trustees shall issue a written decision affirming, modifying, or setting aside the former decision no later than five (5) days after the benefit determination related to the hearing is made.

3. Exhaustion of Administrative Remedies
Any Beneficiary who has exhausted these Claims and Appeal Procedures may bring an action in federal court pursuant to ERISA Section 502(a).

ARTICLE XI

LIMITATIONS

1. Liabilities and Debts of Trust Fund
No signatory party or Trustee and no participating employer, employer association, labor organization, employee, or beneficiary shall be responsible for the liabilities or debts of the Trust Fund.

2. Liabilities and Debts of Participating Parties
No participating employer, employer association, or labor organization shall become responsible by reason of their participation in the Trust Fund for the liabilities or debts of any other participating employer, employer association, or labor organization.

Except for any obligation to make contributions to the Trust pursuant to a Special Agreement or Subscription Agreement, a Participating Employer shall have no obligation to provide benefits to which its employees may be entitled under a collective bargaining agreement to the extent that those benefits are provided under a plan funded through the Trust. A Participating Employer shall not be a fiduciary of the Trust or any employee benefit plan funded through the Trust, and shall have no responsibility or liability for Trust investments or the income tax treatment of Trust earnings or benefits provided under such plan. - 24 -
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3. Personal Liabilities of Trustees
No Trustee shall incur any personal liability in connection with the administration of the Trust Fund or the benefit plans, except for such liability that may be established in accordance with Section 409(a) of the Employee Retirement Income Security Act of 1974.

Except as may be required by applicable provisions of such Act, no Trustee shall be held personally liable for any breach of fiduciary responsibilities in connection with the administration of the Trust Fund or the benefit plans where it is established (a) that the responsibilities at issue were lawfully allocated or delegated ___ other Trustees or fiduciaries; or (b) that, in carrying out the responsibilities at issue, the Trustee reasonably relied upon the advice given by the administrative agent or by one or more of the advisers retained by the Trustees.

No Trustee shall be personally liable for a breach of fiduciary responsibilities if such breach was committed before he became a Trustee or after he ceased to be a Trustee.

4. Judgments against Trust Fund
Any money judgment against the Trust Fund shall be enforceable only against the Trust Fund entity and shall not be enforceable against any Trustee or other person, unless liability against the Trustee or other person, in his individual capacity, is established in accordance with Section 409(a) of the Employee Retirement Income Security Act of 1974.

5. Participating Parties’ Rights
Except as specifically provided for in this Trust Agreement or in the benefit plans, no participating employer, employer association, labor organization, or employee, nor any beneficiary of a participating employee shall have any right, title, or interest in or to the Trust Fund, or in or to the contributions, or in or to the benefits provided.

No participating employee shall be entitled to receive any part of the contributions in lieu of the benefits provided through a benefit plan, nor shall a participating employee who does not qualify for benefits, or his employer, have any claim to the contributions which may have been paid on his behalf.

6. Cessation of Participation
In the event a participating employer, employer association, or labor organization, or groups thereof should cease participation in the Trust Fund, there shall be no division or allocation of any of the monies or assets of the Trust Fund, except as may be required by law.

7. Protection of Trust Fund, Contributions, and Benefits - 25 -
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No part of the Trust Fund (including the contributions) or the benefits payable under the benefit plans shall be subject in any manner, by a participating employee or beneficiary, to anticipation, alienation, sale, transfer, assignment, encumbrance, or charge, and any such attempt shall be null and void, provided that the Trustees may recognize assignments of benefits from a participating employee or beneficiary to a doctor, hospital, or other person or institution that has treated or cared for, or provided services or goods to, the participating employee or beneficiary.

Further, no part of the Trust Fund (including the contributions) or the benefits payable under the benefit plans shall be liable for the debts of a participating employee or beneficiary, nor be subject in any manner to garnishment, attachment, lien, charge, or any other legal process brought by any person against a participating employee or beneficiary, and any such attempt shall be null and void.

8. Reliance upon Written Documents
The Trustees may act upon any written letter, report, certificate, instrument, or other document submitted to them by any participating employer, labor organization, employee, or beneficiary, or by any other person, where such document appears to be genuine and to be signed by the proper person or persons, and the Trustees shall be under no duty to make any investigation or inquiry as to any statement contained in any such document.

9. Agents of Trust Fund
The Trust Fund is an entity separate and apart from the participating employers, employer associations, and labor organizations. Accordingly, unless authorized in a motion or resolution of the Board of Trustees, no participating employer, employer association, or labor organization, nor any individual employed thereby, shall have any authority to act or function for or on behalf of the Trust Fund or as an agent thereof.

Likewise, unless authorized in a motion or resolution of the Board of Trustees no individual Trustee shall have any authority to act or function for or on behalf of the Trust Fund or as an agent thereof.

ARTICLE XII

MISCELLANEOUS

1. Trust Fund Offices
The Trust Fund shall maintain a principal office and sub-offices, where necessary, in such locations as the Trustees may determine.

2. Applicable Laws and Regulations
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This Trust Agreement shall be interpreted, and the Trust Fund shall be administered, in accordance with the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the regulations pertinent thereto, and other applicable statutes and regulations, as such statutes and regulations presently exist or as they may hereafter be amended.

References herein to particular sections of the above-mentioned statutes shall include any regulations pertinent to such sections and any subsequent amendments to such sections or regulations.

3. Service in More than One Fiduciary Capacity
Any Trustee or other person who is a fiduciary may serve the Trust Fund in more than one fiduciary capacity.

4. Notices
Any written notice permitted or required by this Trust Agreement shall be personally delivered to the person for whom it is intended or sent to such person at his residence or business address by first class mail or prepaid telegram.

5. Severability
If any provision of this Trust Agreement, or of the benefit plans, is held to be illegal or invalid for any reason, such illegality or invalidity shall not affect the remaining portions of the Trust Agreement or of the benefit plans.

6. Titles and Words
The titles of the various articles and sections of this Trust Agreement are inserted solely for convenience of reference and are not a part of, nor shall they be used to construe, any term or provision hereof. Whenever any words are used herein in the masculine gender, they shall be construed as though they were used in the feminine gender, and words in singular form shall be construed as though they were used in the plural form, in all cases where they would so apply.

ARTICLE XIII

AMENDMENTS AND TERMINATION

1. Amendments
This Trust Agreement may be amended by action of the WSCFF’s Executive Board, on its own accord, after fifteen (15) days’ advance written notice to the Trustees or upon recommendation of the Board of Trustees. If the WSCFF is decertified or otherwise ceases to exist without having made provisions for any remaining funds in the Trust, the remaining members of the Board of Trustees shall have the power to amend. - 27 -
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AMENDMENT NO. 7
to the

TRUST AGREEMENT GOVERNING THE

WASHINGTON STATE COUNCIL OF FIRE FIGHTERS

EMPLOYEE BENEFIT TRUST
The Executive Board of the Washington State Council of Fire Fighters does hereby amend the “Trust Agreement Governing the Washington State Council of Fire Fighters Employee Benefit Trust, restated effective April 14, 2004,” as follows:

1. IAFF Trustee Position. Under Article III, “The Trustees,” Section 4 is deleted and revised to read as follows:
“4. Number and Term of Trustees.
a) Ten Trustees. There shall be ten Trustees, five of whom shall be elected by delegates of participating Locals in the Trust benefit plan(s) for a three-year term, and five of whom shall be appointed by the Executive Board of the WSCFF for a one-year term. The term of a new Trustee shall commence on July 1 following the WSCFF convention at which he/she was appointed or elected. Elections and appointments shall be according to rules of the WSCFF for its election of its Executive Board and its appointments, or to other special Trust election and appointment rules that the WSCFF adopts.
b) Reserved Seats.
(i) Trustee from Outside State of Washington. One of the five appointed Trustee positions shall be reserved for a member of a Local based outside the state of Washington, if such a person is available. (ii) Retiree Trustee. No more than one of the elected or appointed Trustee positions shall be available for a retiree, provided however that a Trustee who becomes a retiree while serving as a Trustee may finish his or her term, even if there is already a retiree on the Board.
(iii) IAFF Executive Board Trustee. One of the five appointed Trustee positions shall be reserved for a member of the International Association of Fire Fighters (the “IAFF”) Executive Board, provided that the IAFF Executive Board member is not currently sitting on the governing board of the IAFF Financial Corporation. The IAFF Executive Board shall recommend members of its Board for this Trustee position, and the WSCFF Executive Board shall review the qualifications of the recommended persons and select a qualified person to appoint to the Board of Trustees. If the IAFF Trustee gets selected for a position on the IAFF Financial Corporation governing board during his or her Trustee term, that person shall be disqualified, his or her term as a Trustee shall be automatically terminated, and the process in this Section shall be used to appoint a new person as IAFF Trustee.”
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Page 2 ends

2. Trustee Membership Requirement. Under Article III, “The Trustees,” the second Section 4 is deleted, renumbered as Section 5, and revised to read as follows. All subsequent Sections of Article III are renumbered and references adjusted accordingly:
“5. Membership Requirement
Each person elected or appointed as a Trustee, except the IAFF Executive Board Trustee, shall be an active member of a Participating Labor Organization (or a retiree who was an active member until retirement) and a Participating Employee in one of the Trust’s benefit plans. There shall be no more than one Trustee from any Participating Labor Organization.”

3. Majority for Voting and Quorum. Under Article IV, Sections 1 and 2 are revised by adding the following parenthetical after the word “majority”: “(more than 50%)”.

4. Name Change of Medical Expense Reimbursement Plan. Under Article VIII, “Benefit Plans Currently Being Provided,” Section 3 is revised to change the name of the Plan currently administered through the Trust from “Medical Expense Reimbursement Plan” to “IAFF Medical Expense Reimbursement Plan (or ‘IAFF MERP’),” and to adjust any references thereto accordingly.

This Amendment shall be effective upon approval by the Washington State Council of Fire Fighters Executive Board, as indicated by authorized signatures below, pursuant to the procedures set forth in Article XIII, Section 1, of the Trust Agreement.

For the EXECUTIVE BOARD,

WASHINGTON STATE COUNCIL

OF FIRE FIGHTERS
Acknowledged for:

BOARD OF TRUSTEES,

WASHINGTON STATE COUNCIL

OF FIRE FIGHTERS EMPLOYEE

BENEFIT TRUST
_ ____
D __
12/31/2021 Craig A SoucyDate: ________________ ______________________________ Print Name
12/30/2021Date: ________________
_ ____
G
12/30/2021Date: ________________ Jeffrey P Wainwright
______________________________
Print Name
01/12/2022Date: ________________
{14072/A0667213.1}
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AMENDMENT NO. 8
to the

TRUST AGREEMENT GOVERNING THE

WASHINGTON STATE COUNCIL OF FIRE FIGHTERS

1. Trustee Positions. Under Article III, Section 4 is deleted and revised to read as follows:
“4. Number and Term of Trustees.
a) Thirteen Trustees. There shall be thirteen Trustees. Five of the Trustees shall be active members of participating Locals located in the state of Washington and shall be elected at the WSCFF convention by delegates of participating Locals in the Trust benefit plan(s) for a three-year term. Five of the Trustees shall be appointed by the Executive Board of the WSCFF (the “WSCFF Executive Board”) for a one-year term and shall have the qualifications indicated below in subsection (b). Three of the Trustees shall be designated by position on the WSCFF Executive Board or IAFF 7 th District, as described in subsection (c) below, for a term that coincides with their term on the WSCFF Executive Board or IAFF 7th District.

The term of a new Trustee shall commence on July 1 following the WSCFF convention at which he/she was appointed or elected. Elections and appointments shall be according to rules of the WSCFF for its election of its Executive Board and its appointments, or to other special Trust election and appointment rules that the WSCFF adopts.
b) Five Appointed Trustee Seats.
(i) Four Trustees from Outside State of Washington. The WSCFF Executive Board shall appoint a Western Regional Trustee, an Eastern Regional Trustee, and two At Large Regional Trustees, as described below. In the event that the Trustee’s Local terminates participation in the Trust, the WSCFF Executive Board shall appoint a new Trustee to finish the term.
(1) Eastern Regional Trustee. The Eastern Regional Trustee shall be a member (or retiree who was a member until retirement) of an IAFF Local that is currently participating in the Trust and located in one of the following Eastern states: Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, {14072/A0722324.1}
Dr. 9/1/22
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Amendment No. 8 to the
Trust Agreement Governing the WSCFF Employee Benefit Trust

Page 2 ends

Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia.
(2) Western Regional Trustee. The Western Regional
Trustee shall be a member (or retiree who was a member until retirement) of an IAFF Local that is currently participating in the Trust and located in one of the following Western states: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Wisconsin or Wyoming.
(3) Two At Large Regional Trustees. One At Large
Regional Trustee shall be a member (or retiree who was a member until retirement) of an IAFF Local that is currently participating in the Trust and located in one of the following Northwest states:

Oregon, Alaska, Idaho or Montana. The second At Large Regional Trustee shall be a member (or retiree who was a member until retirement) of an IAFF Local that is within the United States but not in Washington state.
(ii) IAFF Executive Board Trustee. The WSCFF Executive
Board shall appoint a member of the International Association of Fire Fighters (the “IAFF”) Executive Board as a Trustee. The individual appointed to this Trustee position cannot be currently sitting on the governing board of the IAFF Financial Corporation. The IAFF Executive Board shall recommend members of its Board for this Trustee position, and the WSCFF Executive Board shall review the qualifications of the recommended persons and select a qualified person to appoint to the Board of Trustees. If the IAFF Trustee gets selected for a position on the IAFF Financial Corporation governing board during his or her Trustee term, that person shall be disqualified, his or her term as a Trustee shall be automatically terminated, and the process in this Section shall be used to appoint a new person as IAFF Trustee.
c) Three Trustee Seats Designated for WSCFF Executive Board and IAFF 7th District Positions. The President and Secretary/Treasurer of the WSCFF Executive Board shall serve as Trustees, based upon their position on the WSCFF Executive Board. The IAFF 7 th District Vice President shall also serve as a Trustee, based on his or her position with the IAFF 7 th District. If there is a vacancy in one of these designated positions, then the WSCFF Executive Board shall appoint another member of the WSCFF Executive Board to serve as Trustee until the designated position is filled.”
{14072/A0722324.1}
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Amendment No. 8 to the
Trust Agreement Governing the WSCFF Employee Benefit Trust

Page 3 ends

2. Trustee Membership Requirement. Under Article III, Section 5 is deleted and revised to read as follows:
“5. Membership Requirement
Each person elected or appointed as a Trustee, except the IAFF Executive Board Trustee and the IAFF 7 th District VP Trustee, shall be an active member of a Participating Labor Organization (or a retiree who was an active member until retirement) and a Participating Employee in one of the Trust’s benefit plans.

There shall be no more than one Trustee from any Participating Labor Organization. A majority of the Trustee positions must be held by active employees, except that a Trustee who retires while serving as a Trustee may finish his or her term, even if there is a majority of retirees on the Board for the completion of that term.”

3. follows:

Quorum. Under Article IV, Section 2 is deleted and revised to read as “2. Constitution of a Quorum
To constitute a valid regular or special meeting of the Trustees, a quorum must be present. A quorum exists if there are present at a meeting a majority (more than 50%) of the number of filled Trustee positions pursuant to Article III, Section 4, hereof.”

4. Other Bargaining Unit Participation. Under Article V, Section 2 is deleted and revised to read as follows, and the third paragraph of Section 2 is moved to a new Section 5 in Article V, titled “Termination of Participation”:
“2. Other Bargaining Units
The Trustees shall have the authority to permit labor organizations, other than those identified in Section 1 above, to participate in the Trust Fund through negotiation of a collective bargaining agreement, as long as the employees in those bargaining units are Fire Department or Fire District employees and the IAFF Local in that Fire Department or Fire District is participating in the Trust Fund. The Trustees shall have complete discretion over participation of such bargaining units and their participation shall be subject to whatever terms and conditions the Trustees decide to impose. The total number of participating employees represented by such bargaining units shall not exceed 10% of the total number of participating employees in the Trust as a whole.”

5. Non-Bargaining Unit Employee Participation. Under Article V, Section 3 is deleted and revised to read as follows:
{14072/A0722324.1}
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24-86478

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Contract Award for 140 N. Isabel Building and Civic Center Parking Garage Stairways Painting Project, per Specification No. 3966.

COUNCIL ACTION
Item Type: Action Item
Approved for October 8, 2024 calendar

EXECUTIVE SUMMARY
Following a competitive bidding process, Astro Painting Co., Inc., was evaluated to be the lowest bidder for the 140 N. Isabel Building and Civic Center Parking Garage Stairways Painting Project. The scope of the work includes the exterior painting of the building and the three steel stairways at the parking garage. These structures are showing significant signs of deterioration and immediate maintenance is prudent. The cost of the proposed painting contract is $61,000.

RECOMMENDATION
Approve a motion authorizing a contract with Astro Painting Co., Inc., for the 140 N. Isabel Building and Civic Center Parking Garage Stairways Painting Project, in the amount of $61,000, plus a 10% contingency $6,100.

ANALYSIS
The 140 N. Isabel St. building was constructed in 1960 and served as the Glendale Police Station and jail for over 40 years. The exterior of this facility has not been painted in over 20-years and is showing significant signs of deterioration. Much of the maintenance at this facility has been deferred due to uncertainty over its future use. However, this painting project is now essential to maintain the aesthetic appearance of the building and to preserve it for any future use.

The Civic Center Parking Garage, located at 650 E. Wilson Ave., provides parking for all 98 of 129

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Civic Center employees and the public. The parking structure was originally built in 1982 and there are three steel stairways that access the four levels of parking. The stairways have not been painted in over 20-years and are showing significant signs of wear. This project will enhance aesthetics and protect the steel stairs and handrails from rust and structural damage. All work will be completed to match existing colors and will be coordinated to not affect the facility's use.

On November 14, 2023, City Council adopted plans and specifications and directed the City Clerk to advertise for bids.

On May 14, 2024, the city hosted a mandatory job walk and sixteen contractors attended.

On May 22, 2024, the city received nine bids as follows:

1. Astro Painting $61,000

2. Prime Painting $97,000

3. JNH Construction $98,730

4. 3M Construction $111,700

5. Omega Construction $134,800

6. Color New Co. $211,000

7. Pacific Contractors $265,000

8. VLA Construction $283,750

9. Perfection Painting $368,000
After an extensive review, Public Works staff found that Astro Painting Co., Inc., has submitted a responsive bid and they are a responsible bidder. Astro Painting Co., Inc., has a valid State of California Contractors Licenses that is active and in good standing.

The 140 N. Isabel Building and Civic Center Parking Garage Stairways Painting Project will take approximately two months to complete.

STAKEHOLDERS/OUTREACH
The Public Works Department will coordinate to minimize disruption to operations and the public.

FISCAL IMPACT
The 140 N. Isabel Building and Civic Center Parking Garage Stairways Painting Project will cost $67,100, which was approved as a part of the FY 2024-25 budget. The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$42,625 GL: 43110-6070-PWD-0020-P0000
PL: PWD01046AN
Building
Maintenance Fund
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$24,475 GL: 52100-2210-PWD-0020-P0000
PL: PWD000092N Parking Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) as a Class 1., Section 15301.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not award the contact which would delay the maintenance required to preserve the exterior integrity of the building and the stairways of the parking garage.

Alternative 2: Consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Interim Director of Public Works
Prepared by:

Kevin C. Todd, Assistant Director of Public Works
Approved by:

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

EXHIBITS/ATTACHMENTS
None
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4b
MOTION
Moved by Council Member ,
seconded by Council Member , that the Council of
the City of Glendale finds that, Astro Painting Co., Inc., has provided the lowest responsive bid, and they are a responsible bidder, for the 140 N. Isabel Building and Civic Center Parking Garage Stairways Painting Project, as described in Specifications No. 3966, and that the bid of Astro Painting Co., Inc. for the amount of $61,000 is hereby accepted and approved, as recommended by the Director of Public Works, and that all other bids be, and are, hereby rejected. The Council authorizes the City Manager or his designee to execute a contract, subject to approval as to form by the City Attorney, with Astro Painting Co., Inc., in the amount of $61,000. The Council further approves a reserve for contingencies in the amount of $6,100.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
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4h
24-86692

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Federal Workforce Innovation and Opportunity Act funds from the State of California, Employment Development Department for the Glendale Youth Alliance and the City of Burbank

1. Motion:
a) Accepting Federal Workforce Innovation and Opportunity Act (WIOA) funds from the State of California, Employment Development Department in the amount of $768,853 from July 1, 2024, to June 30, 2025, to enable the Verdugo Workforce Development Board to distribute those funds to the Glendale Youth Alliance (GYA) and the City of Burbank;
b) Approving the award of WIOA grant funds to the GYA in the amount of $623,353 from July 1, 2024, to June 30, 2025, and the City of Burbank in the amount of $145,500 from July 1, 2024, to June 30, 2025, as approved and recommended by the Verdugo Workforce Development Board; and
c) Authorizing the City Manager, or a designee, to execute all agreements, certifications, and documents necessary to accept and implement the funding.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for October 8, 2024 calendar

EXECUTIVE SUMMARY
The State of California, Employment Development Department awarded the Verdugo Workforce Development Board (VWDB) funding of $768,853 from July 1, 2024, to June 30, 2025, to provide WIOA employment services to adults and youth in the Verdugo region. The VWDB receives WIOA funds on an annual basis.

From July 1, 2024, to June 30, 2025, the VWDB will award WIOA Youth grant funds to Glendale Youth Alliance (GYA) in the amount of $623,353 to recruit, enroll, and provide 102 of 129

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work experience for twenty-three (23) In-School and fifty-seven (57) Out-of-School Youth, as defined by the WIOA federal regulations.

From July 1, 2024, to June 30, 2025, the VWDB will award WIOA grant funds to the City of Burbank in the amount of $145,500 to operate the City of Burbank’s Job Connect from the Burbank Central Library as the affiliate site to the Verdugo Jobs Center (VJC), and provide general WIOA employment services to the public.

RECOMMENDATION
That the City Council approve a Motion to:
(1) Accept WIOA funds from the State of California, Employment Development Department in the amount of $768,853 from July 1, 2024, to June 30, 2025, to enable the VWDB to distribute those funds to the GYA and the City of Burbank; (2) Approve the award of WIOA grant funds to GYA in the amount of $623,353 from July 1, 2024, to June 30, 2025, and the City of Burbank in the amount of $145,500 from July 1, 2024, and June 30, 2025, as approved and recommended by the VWDB; and
(3) Authorize the City Manager, or their designee, to execute all agreements, certifications, and documents necessary to accept and implement the funding.

ANALYSIS
The VWDB receives federal WIOA grant funds to provide employment services to the public. These services include job preparation training, job exploration, workplace readiness skills training, work-based learning experiences, on-the-job training and skills training to name a few. The overall goal is to enhance regional economies by having a robust skilled workforce.

The VWDB is the planning and policy body for the Verdugo Consortium. The Verdugo Consortium is a Joint Powers Agreement (JPA) comprised of the Cities of Glendale, Burbank, and La Cañada Flintridge. The purpose of VWDB is to provide employment and training programs within the three cities and to allocate and award all WIOA funds and general grant funds toward its goals. Through the JPA, the City of Glendale has responsibility for the administration of all Consortium activities, including acting as the recipient of WIOA funds and all other general grant funds received by the VWDB. As the administrative entity for the Verdugo Consortium, the City Council on behalf of the City of Glendale approves all contracts and funding awards recommendations by the VWDB, which includes WIOA funds.
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The WIOA funds from the State of California, Employment Development Department total $768,853 from July 1, 2024, to June 30, 2025, to provide general WIOA services and WIOA Youth-In-School and Out-of-School services for youth ages 14 to 24, with up to 200 hours of paid work experience in placements that match the students’ interests and aptitudes.

The GYA has been operating year-round youth employment programs and summer employment programs since 1994. The GYA has been operating WIOA youth employment programs since 2000, and has a proven track record of successfully serving youth. For the 2024-25 program year, the VWDB has recommended awarding GYA with $623,353 in workforce funds to provide services to youth with multiple barriers in the Verdugo region. GYA will administer the work experience component of the program and deliver case management services. GYA’s established business relationships with local employers will enable successful connection between these employers and students.

The City of Burbank is a partner in the Verdugo Consortium. Although the Verdugo Jobs Center is the only comprehensive one-stop center in the Verdugo Consortium, in order to provide services more conveniently to the job seekers and employers in Burbank, the City of Burbank operates an affiliate site of the Verdugo Jobs Center from its Burbank main library location. The VWDB has recommended awarding the City of Burbank $145,500 for the 2024-25 program year. These funds will be used to provide core workforce services to at least eighty (80) new clients per month, and Rapid Response assistance to local businesses that are experiencing major layoffs. The Burbank Affiliate site has been in operation since 2000, and has a proven track record of successfully serving Burbank job seekers and employers.

STAKEHOLDERS/OUTREACH
WIOA funds are targeted for the most vulnerable populations. The VWDB will partner with GYA and the City of Burbank to promote WIOA services to the Verdugo region. With established partnerships with organizations in the region, the VWDB will work collaboratively to promote WIOA services to those with limited access to services and with multiple barriers, so they are connected to WIOA programs.

FISCAL IMPACT
The contracts for the current year will cost $768,853. The grant award from the State of California, Employment Development Department is $768,853 from July 1, 2024, to June 30, 2025, which was appropriated as a part of the FY 2024-25 budget. No new appropriation is being requested at this time.

The City Council approved funding is outlined below:
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Existing Appropriation
Amount Account String Funding Source
$ 623,353 GL: Various-2060-CSP-0020-P0000
PL: CSP01219AG
Workforce Fund – Federal
Grants
$ 48,500 GL: Various-2060-CSP-0020-P0000
PL: CSP01293AG
Workforce Fund – Federal
Grants
$ 48,500 GL: Various-2060-CSP-0020-P0000
PL: CSP01217AG
Workforce Fund – Federal
Grants
$ 48,500 GL: Various-2060-CSP-0020-P0000
PL: CSP01218AG
Workforce Fund – Federal
Grants

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines section 15378(b)(4) as it creates a government funding mechanism or constitutes other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; thus, it is not subject to CEQA pursuant to CEQA Guidelines section 15060(c)(3).

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not authorize to award the contracts as recommended herein. This would prevent services being provided under the WIOA grant.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Onnig Bulanikian, Director of Community Services & Parks Prepared by:

Judith Velasco, Workforce Development Administrator
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Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Minutes of the meeting of the Verdugo Workforce Development Board, April 10, 2024
Exhibit 1: Minutes of the meeting of the Verdugo Workforce Development Board, June 26, 2024
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MOTION
Moved by Council Member , seconded by
Council Member , that, with respect to the
October 8, 2024, report of the director of Community Services & Parks, the City Council of the City of Glendale hereby:
(1) Accepts Federal Workforce Innovation and Opportunity Act (WIOA) funds from the State of California, Employment Development Department in the amount of $768,853 from July 1, 2024, to June 30, 2025, to enable the Verdugo Workforce Development Board to distribute those funds to the Glendale Youth Alliance and the City of Burbank;
(2) Approves the award of WIOA grant funds to the Glendale Youth Alliance in the amount of $623,353 from July 1, 2024, to June 30, 2025, and the City of Burbank in the amount of $145,500 from July 1, 2024, to June 30, 2025, as approved and recommended by the Verdugo Workforce Development Board; and
(3) Authorizes the City Manager, or a designee, to execute all agreements, certifications, and documents necessary to accept and implement the funding.

Vote as Follows:

Ayes:

Noes:

Absent:

Abstain:
107 of 129

VERDUGO WORKFORCE DEVELOPMENT BOARD

FULL BOARD MEETING MINUTES
4/10/2024
9:00 a.m. to 10:00 a.m.

VWDB Full Board Minutes 4/10/2024 Page 1 of 2
MEMBERS PRESENT: Ara Aslanian, Luiza Balyan, Jose Barba, Sonya Kay Blake, Onnig Bulanikian, Alexis Carter, Marisol
Espinoza, Nick Hacopian, Steve Kaplan, Iskra Martinez,
Stephanie O’Keefe, Michael Ritterbrown, Veronica
Romero, Teresa Sánchez, Terry Walker
MEMBERS ABSENT: Greg Astorian, Vicki Brannock, Lee Casady, Debbie Kukta, Mary Hamzoian, Pamela Marcello, Soua Vang

COMMUNITY &

OTHER AGENCY
REPRESENTATIVES:

Eliza Dzhaneryan, Karine Grigoryan, Olga Perez
STAFF PRESENT: Diana Montecino, MaryAnn Pranke, Judith Velasco, Melissa Younesian
CALL TO ORDER: 9:05 am by Chair Ara Aslanian
I. Introductions
A. Chair Ara Aslanian welcomed the board.

II. Minutes of February 14, 2024
A. Minutes presented and reviewed. MOTION: Terry Walker 2 nd: Alexis Carter Action: APPROVED
III. Action Items
A.Approval to accept additional $150,000 from City of Glendale’s Measure S funds and approval of contract amendment to add funding of $27,000 to the LIFERAP agreement with Glendale Youth Alliance for a total contract amount not to exceed $435,393 and extend the contract period from June 30, 2024 to June 30, 2025 B.Approval to enter into contract with Friendship Foundation for the period of March 1, 2024 through June 30, 2025 in an amount not to exceed $139,832 to provide career training and work experience to individuals with disabilities C.Approval of Student Training and Employment Program contract amendments with Glendale Youth Alliance and Glendale Community College’s Professional Development Center to extend the end dates from June 30, 2024 to June 30, 2025; increase funding to Glendale Youth Alliance in an amount of $195,500 for a total contract amount of $402,441 for continued administration of work experience services; and increase funding to the Professional Development Center in an amount of $13,600 for a total contract amount of $27,200
D.Approval of the Verdugo Workforce Development Board’s Preliminary Budget for Fiscal Year 2024-2025
E.Approval to accept anticipated preliminary funds from the Los Angeles County Department of Economic Opportunity for Fiscal Year 2024-2025 in the projected amount of $638,000 for Measure H and Youth Employment Services and to enter into contract with Glendale Youth Alliance for a projected amount of $482,937 to provide Youth Services
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VERDUGO WORKFORCE DEVELOPMENT BOARD

FULL BOARD MEETING MINUTES
4/10/2024
9:00 a.m. to 10:00 a.m.

VWDB Full Board Minutes 4/10/2024 Page 2 of 2
F.Approval to accept funding from Glendale Community College in the amount of $500,000 to implement the California Adult Education Program and enter into contract with College and Career Engagement LLC, Bloom Strategic Solutions LLC, Armenian Relief Society, Copy&Design, RxResearch, Glendale Library Arts & Culture and Professional Development Trainers for the period of July 1, 2024 through June 30, 2025 G.Approval of the allocation of $145,500 to Job Connect to provide services in the City of Burbank as the Verdugo Jobs Center Affiliate Site for Fiscal Year 2024-2025 H.Approval to enter into contract with Foundation for California Community Colleges Fiscal Year 2024-2025 in an amount not to exceed $65,000 to support Work Based Learning opportunities for the WIOA Adult and Prison to Employment 2.0 Program MOTION FOR CONSENT ITEM A – H Motion: Marisol Espinoza 2nd: Nick Hacopian IV. Director’s Report
A. Ms. Velasco provided an overview on the proposed HR 6655 – Stronger Workforce for America Act, which was proposed and passed by the House of Representatives yesterday. The bipartisan bill is backed by the House Committees on Education and the Workforce and was developed by the Ways and Means House Committee. This act would amend and reauthorize the Workforce Innovation and Opportunity Act (WIOA).

1. One of the striking parts of the bill is the focus on skills upgrading. The bill proposes a requirement to devote 50% of funding directly to training. Currently the California requirement is at 30%.

2. Another factor under this proposed bill is that the states’ governor will be able to review every local board’s application to continue serving its Workforce Development Area, but a vote by the majority of the fellow boards will be needed to approve the application for designation as a Workforce Development Board (WDB).

3. Discussion
a. The VWDB requested to be updated as more information is provided.

B. Ms. Velasco announced that an in-person board retreat is scheduled for November 13 th from 9 am to 11 am. The location is yet to be determined.

C. Ms. Velasco requested that when board members hear of companies laying off in the Verdugo Region, to please notify her. The Verdugo Jobs Center (VJC) staff will be meeting with employees that will be laid off from the 99 Cents Only Stores in Burbank and Glendale.

D. Ms. Velasco reminded the VWDB that there are several compliance items that will need to be completed this year, such as the America’s Jobs Center of California (AJCC) Certification and the Local Plan.

V. Other Business and Announcements
A. The next VWDB meeting will be held on Wednesday, June 26, 2024.

VI. Public Comments: None
VII. Adjournment: 9:30 am
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VERDUGO WORKFORCE DEVELOPMENT BOARD

FULL BOARD MEETING MINUTES
6/26/2024
9:00 a.m. to 10:00 a.m.

VWDB Full Board Minutes 6/26/2024 Page 1 of 2
MEMBERS PRESENT: Ara Aslanian, Luiza Balyan, Jose Barba, Sonya Kay Blake, Vicki Brannock, Nick Hacopian, Steve Kaplan,
Debbie Kukta, Pamela Marcello, Stephanie O’Keefe,
Veronica Romero, Teresa Sánchez
MEMBERS ABSENT: Greg Astorian, Onnig Bulanikian, Alexis Carter, Marisol Espinoza, Mary Hamzoian, Iskra Martinez, Michael
Ritterbrown, Soua Vang, Terry Walker

COMMUNITY &

OTHER AGENCY
REPRESENTATIVES:

Eliza Dzhaneryan, Camille McCuistion
STAFF PRESENT: Diana Montecino, MaryAnn Pranke, Judith Velasco, Melissa Younesian
CALL TO ORDER: 9:03 am by Chair Ara Aslanian
I. Introductions
A. Chair Ara Aslanian welcomed the board.

B. A moment of silence was held in honor of Lee Casady.

1. Executive Director Judith Velasco shared that Lee was passionate in the field of stage production, which involves knowing the safety protocols. He wanted to develop programs to introduce young adults to this line of work and instruction to conduct the jobs in the safest way possible.

II. Minutes of April 10, 2024
A. Minutes presented and reviewed. MOTION: Steve Kaplan 2 nd: Debbie Kuta Action: APPROVED
III. Action Items
A.Approval of the amended Verdugo Workforce Development Board Certification Policy & Process for Comprehensive and Affiliate America’s Job Center of California as required by the Workforce Innovation and Opportunity Act of 2014 B.Approval to accept funding from State of California Employment Development Department in the amount of $350,000 to provide workforce services to workers laid off from primarily Jet Propulsion Lab and enter into contract with Biocom California Institute and an Executive Transition Coach from July 1, 2024 to December 31, 2025 C.Approval of the Verdugo Workforce Development Board’s Preliminary Budget for Fiscal Year 2024-2025
D.Approval to designate Glendale Youth Alliance as the board’s Youth Provider and to enter into contract with Glendale Youth Alliance for Fiscal Year 2024-2025 in an amount not to exceed $623,353 in Workforce Innovation and Opportunity Act funding for Youth Services
E.Approval to enter into contract with Glendale Youth Alliance for Fiscal Year 2024-2025 in an amount not to exceed $50,000 in Workforce Innovation and Opportunity Act funding for One-Stop Operator services
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VERDUGO WORKFORCE DEVELOPMENT BOARD

FULL BOARD MEETING MINUTES
6/26/2024
9:00 a.m. to 10:00 a.m.

VWDB Full Board Minutes 6/26/2024 Page 2 of 2
F.Approval to enter into contract with Bloom Strategic Solutions LLC from July 1, 2024, to June 30, 2025 in an amount not to exceed $130,000 to provide Business Engagement, Work Experience and Special Projects Coordination for Workforce Grants G.Approval to enter into contract with College & Career Engagement LLC from July 1, 2024, to June 30, 2025 in an amount not to exceed $75,000 to provide Business Engagement, Rapid Response Services, and Career Pathways for Workforce Grants MOTION FOR CONSENT ITEM A – G Motion: Nick Hacopian 2nd: Steve Kaplan Abstained: Vicki Brannock
IV. Director’s Report
A. Ms. Velasco shared success stories and events that occurred at the Verdugo Jobs Center (VJC) during the Fiscal Year (FY) 2024-2025.

1. One of the critical components which allows for positive results is helping clients with supportive services and referral to organizations while they are in their paid work experience activity.

2. Business engagement continues to be a priority; over 288 businesses were assisted this fiscal year. There have been several layoffs in the Verdugo region, such as the layoffs occurring at the Jet Propulsion Laboratory (JPL).

V. Other Business and Announcements
A. The next VWDB meeting will be held on Wednesday, September 25, 2024.

B. A board retreat is scheduled for Wednesday, November 13, 2024. The location will be off-site and is yet to be determined.

VI. Public Comments: None
VII. Adjournment: 9:30 am
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1 ORDINANCE NO.____________

AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA
AMENDING SECTION 13.44.425 OF THE GLENDALE MUNICIPAL CODE, 1995, PERTAINING TO THE CURRENT PUBLIC BENEFITS CHARGE OF 3.6% TO THE RATE

MANDATED BY STATE LAW
WHEREAS, Assembly Bill 1890 (SB-1890) and the California Public Utilities Code Section 385 require that municipal utilities establish a public benefit charge (PBC) equal to

2.85% of annual retail electric rate revenues to fund investments in one or more of the following areas: 1) cost-effective demand side management (DSM) services to promote energy efficiency and energy conservation; 2) new investment in renewable energy resources and technologies; 3) research, development and demonstration programs; and 4) services provided for low- income electricity customers, including but not limited to, targeted energy efficiency service and rate discounts; and
WHEREAS, Glendale Water and Power Department (GWP), in response to SB-1890 has implemented a PBC since January 1, 1998; and
WHEREAS, in February 2008, GWP raised its PBC from 2.85% to 3.6% of annual electric revenues in response to Senate Bill 1 (SB-1), which mandated new solar programs and set statewide expenditure requirements for such programs requiring municipal utilities to offer incentives to all customer classes starting January 1, 2008 and to meet certain California Energy Commission guidelines starting January 1, 2009; and WHEREAS, the SB-1 portion of the PBC was to be implemented by municipal utilities for a period of ten years at which time the PBC rate containing the SB-1 portion would default back to the state mandated rate of 2.85%; and
WHEREAS, this ordinance amends the existing Section 13.44.425 of the Glendale Municipal Code, 1995 to delete the 3.6% PBC rate and to state that the PBC rate shall be set and applied as mandated by State of California law.

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

SECTION 1. Section 13.44.425 of the Glendale Municipal Code, 1995, regarding public benefits charge, is hereby amended to read as follows:

13.44.425 Public benefits charge.

A. Each electric rate bill prepared by Glendale Water and Power (GWP) shall include a public benefits charge. The public benefit charge imposed by this section shall be a rate in an amount set and mandated by the State of California. The PBC rate shall be applied to the charges made for such electricity, and for any supplemental services or other associated activities directly related to and/or necessary for the provision of electricity to the service user.

B. As used in this section, the term "charges" shall apply to all services, components and items that are:

1. Necessary for or common to the receipt, use or enjoyment of electric service; or 112 of 129

2 2. Currently are or historically have been included in a single or bundled rate for electric service by a local distribution company to a class of retail customers. As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the electricity or services related to the provision of such electricity. The term "charges" shall include, but is not limited to, the following charges:

1. Energy charges;

2. Distribution or transmission charges;

3. Metering charges;

4. Stand-by, reserves, firming, ramping, voltage support, regulation, emergency, or other similar minimum charges for services;

5. Customer charges, late charges, service establishment or reestablishment charges, demand charges, fuel or other cost adjustments, power exchange charges, independent system operator (ISO) charges, stranded investment or competitive transition charges (CTC), nuclear decommissioning charges, trust transfer amounts (bond financing charges), franchise fees, franchise surcharges, annual and monthly charges, and other charges, fees or surcharges which are necessary for or common to the receipt, use or enjoyment of electric service.

C. Revenues from the public benefits charge will be retained in a separate account. The funds in this account must be used for the following purposes:

1. Cost-effective demand-side management services to promote energy efficiency and energy conservation;

2. New investments in renewable energy resources and technology consistent with existing statutes and regulations;

3. Research, development, and demonstration programs for the public interest to advance science or technology, which is not adequately provided, by competitive and regulated market;

4. Services provided to low-income electricity customers, including, but not limited to, targeted energy efficiency and rate discounts.
(Ord. 5179 § 1, 1997; Ord. 5197 § 9, 1998; Ord. 5233 § 10, 1999; Ord. 5297 § 8, 2001; Ord. 5506 § 7, 2006; Ord. 5598 § 5, 2008)
SECTION 2. 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”) and, therefore, an environmental review is not required under section 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment]; section 15060(c)(3) [the activity is not a project as defined in section 15378]; and section 15061(b)(3) [no possibility exists that the activity in question may have a significant effect on the environment] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the ordinance:

1. Has no potential for resulting in physical change to the environment, directly or indirectly; and

2. Prevents changes in the environment.

SECTION 3. 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 113 of 129

3 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 4. Effective Date.

This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.

Passed by the Council of the City of Glendale on the _____ day of _______________, 2024.
_____________________________
Mayor
ATTEST:
_________________________
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, Suzie Abajian PhD, City Clerk of the city of Glendale, certify that the foregoing Ordinance No. ___________ was passed by a majority vote of the Council of the city of Glendale, California, at a regular meeting held on the _____ day of _____________, 2024, and that the same was passed by the followed vote.

Ayes:

Noes:

Absent:

Abstain:
______________________________
City Clerk
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Consideration for Adoption of Nonprofit Subsidy Policy

1.Motion Adopting a Nonprofit Subsidy Policy for User Fees

2.Resolution Deleting Certain Fees and Modifying Certain Existing Fees in Accordance to the Provisions Set by the Nonprofit Subsidy Policy, and Amending the Comprehensive Citywide Fee Schedule for the Fiscal Year 2024-25

COUNCIL ACTION
Item Type: Action Calendar
Approved for October 8, 2024 calendar

EXECUTIVE SUMMARY
To ensure clarity and consistency, it would be beneficial to develop a standardized policy for special events held in Glendale City facilities hosted by nonprofit organizations. A proposed “Nonprofit Rate” would provide a 50% subsidy for eligible nonprofit events using city facilities, services, or staff, aiming for consistency and fairness in the fee process. The policy excludes the Alex Theatre and requires organizations to show 501(c) status. For large events requiring city staffing, the subsidy would cover up to $10,000 of staffing costs. It is anticipated that if this policy were applied to last year’s statistics, the City would increase its subsidy from $261,000 to an estimated $445,000 for city-related costs associated with events organized by nonprofits. It is anticipated that the adoption of this policy may result in a greater number of events requesting staff resources due to a lower rate for providing event staffing, which may result in the need for additional appropriation of funds in the next fiscal year’s budget planning process. Such determination will be made following an analysis at the end of the current budget year.
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RECOMMENDATION
Approve a motion adopting a nonprofit subsidy policy discounting fees for rental facilities, equipment, and staffing costs as detailed in the staff report and a resolution amending the Citywide Fee Schedule.

ANALYSIS
Growth in Special Events
Special events offer opportunities for cultural and social enhancement. Furthermore, some special events benefit the citizens of the City of Glendale by creating unique venues for expression and entertainment not regularly present within the community.

Event costs vary depending on the type of event, the rental location, and the City services required. The City of Glendale provides facilities and services for a number of events, which require the rental of City facilities, police services for crowd and traffic control, and other staff support from various city departments. Examples include parades, carnivals, farmers markets, block parties, and various civic/cultural events at city parks.

Over the last few years, the City has experienced an increase in the quantity and scope of such events organized by the community. Furthermore, individual City Officials continue to receive a growing number of requests for fee reductions for facility rentals and City services. This increase in demand, lack of a formal citywide policy structure, and the inability to administratively reduce fees beyond the Council-approved citywide fee schedule have posed a challenge in balancing community partnership expectations.

Furthermore, due to the specific nature and operational needs of various City facilities, the City’s fees and policies differ from one facility to the other. Finally, various fees and policies are adopted by resolution by specific Commissions (i.e. Parks Commission).

In response to the growing number of special events held within City facilities, staff has identified a need to standardize policies and procedures for using City facilities, equipment, and staffing resources.

New Nonprofit Rate
Introducing a “Nonprofit Rate” would establish a new standardization of fee reductions across the organization while maintaining the current fee-setting mechanism. It would also establish a City subsidy related to events and meetings conducted by eligible organizations in the nonprofit sector when utilizing public rights-of-way, City facilities, and/or City services.

More specifically, such a policy would standardize the process of administering individual applications by establishing a standard nonprofit rate for all rentals and 116 of 129

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services directly provided by the City. Implementing such a standard would help ensure the fee determination process is administered fairly, transparently, and consistently.

Staff recommends maintaining the current “standard rate” for events that are organized by a person or entity for the purposes of promoting or engaging in a commercial transaction unless they possess 501 (c) designation by the IRS. These nonprofit organizations would be offered a 50% subsidy on all city-administered costs, including facility rentals, equipment rentals, and staffing.

Event organizers would still be required to assume the total cost of non-city-provided rentals and services, such as the rental of waste bins from the relevant franchise waste hauler, and other required amenities, such as portable restrooms and security guards when needed.

Ex. 1. Current and Proposed Nonprofit Subsidies
Current
Nonprofit
Subsidy
Proposed
Universal
Subsidy
City-Admin & Facilities 25% 50%
Staffing1 0% 50%2
Third-Party Costs 0% 0%
1 See Exclusions from the Subsidy section below
2 Up to $10,000 per event
Eligibility Criteria
The intent of establishing a nonprofit subsidy is primarily to reduce the financial burden on nonprofit organizations hosting events for charitable or social benefit in the interest of the greater community and to provide an objective application of the subsidy regardless of an event’s content.

In order to qualify for the subsidized rate, an organizing entity must be a designated nonprofit or not-for-profit organization as recognized by subsection 501 (c) of the Internal Revenue Service (IRS) code. 501(c) is a subsection of the United States Internal Revenue Code (IRC) that confers tax-exempt status on nonprofit organizations. Specifically, it identifies which nonprofit organizations are exempt from paying federal income tax.

Specifically, a nonprofit organization is an entity that is created and operated for charitable or socially beneficial purposes rather than to make a profit, and the organizations may serve religious, scientific, charitable, educational, literary, or health purposes. Examples of nonprofit organizations include advocacy groups, hospitals, universities, charities, churches, and foundations. In the U.S., nonprofit organizations are granted tax-exempt status and don’t pay taxes on donations or on money earned 117 of 129

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through other fundraising activities. Nonprofit organizations are sometimes called NPOs or 501(c)(3) organizations based on the section of the Internal Revenue Service (IRS) tax code that permits them to operate.

A nonprofit's mission is to contribute a benefit to society rather than make a profit. To qualify as a tax-exempt nonprofit, the entity must serve the public good, meet filing requirements, be established as a 501(c)(3) or similar type of organization, and avoid engaging in certain types of activities. Once registered and operating, the organization has to maintain compliance with the appropriate state agency that regulates charitable organizations.

The terms nonprofit organization (NPO) and not-for-profit organization (NFPO) are sometimes used interchangeably. There are, however, key distinctions as follows:
•A nonprofit must offer some social benefit. A not-for-profit may exist to serve its membership rather than society at large. For example, a sports club may be jointly managed by its members as a NFPO and financed by member fees. •NPOs and NFPOs are regulated by different sections of the IRS's 501(c) code.

Under subsection 501(c), there are multiple sections that delineate the different types of tax-exempt organizations according to their purpose and operations. The most common include:
•501(c)(1): Any corporation that is organized under an act of Congress that is exempt from federal income tax
•501(c)(2): Corporations that hold a title of property for exempt organizations •501(c)(3): Corporations, funds, or foundations that operate for religious, charitable, scientific, literary, or educational purposes •501(c)(4): Nonprofit organizations that promote social welfare •501(c)(5): Labor, agricultural, or horticultural associations •501(c)(6): Business leagues, chambers of commerce, and others that are not organized for profit
•501(c)(7): Recreational organizations
Based on the City’s historical practice, it is recommended that the proposed nonprofit subsidy policy be extended to all nonprofit and not-for-profit entities possessing either of the official IRS designations listed above.

Exclusions from the Subsidy
The overall cost incurred by the event’s organizers can vary depending on its size.

While a smaller event may not require city staffing resources, larger events that attract large crowds or require street closures can result in significant costs for the City. 118 of 129

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The City’s current policy requires full reimbursement for staffing costs even though it offers a 25% subsidy on the rental of facilities and equipment. Under this subsidy initiative, staff proposes simplifying the program’s regulations by not only increasing the rental rate subsidy from 25% to 50%, but also applying the subsidy towards all direct City expenses, including staffing, apart from two exceptions as follows:
•In instances where an event requires the rental of services or equipment not provided by the City, event organizers will be responsible for the payment of the total cost of those services. Examples may include security, rental of portable restrooms and wash stations when existing city amenities do not suffice to serve event participants, or the rental/removal of trash bins serviced by independent franchise waste haulers.
•While reviewing the need for either security or police staffing, every attempt is made to reduce the financial burden on event organizers when such services are required. This includes both limiting the number of personnel required to safely manage large crowds as well as seeking alternatives to city staffing by allowing less expensive alternatives like private security, when applicable. At times however, the need for City staffing is unavoidable and can result in a financial hardship for the event organizer as well as the City. By adopting the proposed nonprofit subsidy policy, the City would subsidize these costs by 50%, up to a maximum of $10,000 per event. By establishing a per-event cap, the City would still offer a significant subsidy to nonprofit enterprises not currently offered. •This policy does not apply to the Alex Theatre, given that an existing Council adopted policy already exists for this facility.
•This policy does not apply to event organizers promoting or engaging in a commercial enterprise requiring paid admission.
•This policy does not apply to field rentals for sports use, as there currently exists a Field Reservation Policy, established and approved by the Parks, Recreation and Community Services Commission.

In fiscal year 2023, the primary costs associated with special events were borne by Community Services & Parks and the Police Department, totaling approximately $890,000. The City’s current policy only subsidizes rental of facilities/equipment and not staffing costs. As such, the City subsidized a total of approximately $261,000 towards nonprofits organizing special events. If adopted as proposed, the new nonprofit subsidy would increase from 25% to 50% and include a 50% reduction in staffing expenses, up to $10,000 per event. As such, it is anticipated that if this policy were applied to last year’s statistics, the City would have subsidized $445,000 of city-related costs associated with events organized by nonprofits. See below for an approximate breakdown:
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Ex. 2. Current and Proposed Subsidized Rate % for Nonprofits 2023-24
Cumulative
Costs
Current Nonprofit
Subsidy
Proposed
Universal
Subsidy
25% 50%
Police Staffing Costs1
$250,000 0% = $0 50%2 = $125,000
Facility Rental Costs $618,000 25%3 = $261,000 50% = $309,000 Park Staffing Costs1
$22,000 0% = $0 50%2 = $11,000
Total Subsidized Costs $890,000 $261,0003 $445,000
1 See Exclusions from the Subsidy section
2 Up to $10,000 per event
3 Does not equal 25% due to inconsistent application of current rate modifications It is anticipated that the adoption of this policy may result in a greater number of events requesting staff resources due to a lower rate for providing event staffing, which may result in the need for additional appropriation of funds in the next fiscal year’s budget planning process. Such determination will be made following an analysis at the end of the current budget year.

In order to adopt the proposed subsidy, Council must amend the Comprehensive Citywide Fee Schedule for Library, Arts & Culture, eliminating their non-profit specified fees (a total of 15 fees as illustrated under Attachment 1 to the Fee Resolution) so that they, too can apply the universal 50% subsidy for all of their applicable fees for Non- Profit organizations.

STAKEHOLDERS/OUTREACH
Extending a reduced rate to nonprofits would provide universal financial benefits to organizations city-wide in executing their mission.

FISCAL IMPACT
By adopting the Nonprofit Subsidy Policy is the City will experience a reduction in revenue associated with the impacted fees. At this stage, estimating the exact impact is difficult as it will depend significantly on the level of usage of the subsidized fees.

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

ALTERNATIVES TO STAFF RECOMMENDATION
Any other not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

John Takhtalian, Assistant City Manager
Prepared by:

John Takhtalian, Assistant City Manager
Approved by:

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

EXHIBITS/ATTACHMENTS
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CC_10082024_Motion_8a1.pdf
MOTION
Moved by Council Member ____________________________, seconded by Council Member ___________________________, that the nonprofit subsidy policy is hereby amended, discounting fees for rental facilities, equipment, and staffing costs as detailed in in the Report to Council dated October 8, 2024.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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1 RESOLUTION NO. ___________

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE

DELETING CERTAIN FEES AND MODIFYING CERTAIN EXISTING FEES IN

ACCORDANCE TO THE PROVISIONS SET BY THE NONPROFIT SUBSIDY POLICY,

AND AMENDING THE COMPREHENSIVE
CITYWIDE FEE SCHEDULE FOR THE FISCAL YEAR 2024-25
WHEREAS, the Council of the City of Glendale adopted Resolutions 24-110 and 24- 111 on June 25, 2024, which established certain fees and increased, decreased, and modified certain existing fees for various services, permits, and certificates provided by the City, and amended the comprehensive Citywide Fee Schedule for the Fiscal Year 2024-25.

WHEREAS, the Council has determined that in order to continue providing effective services for the public welfare, the City must establish a “Nonprofit Rate” to provide a City subsidy related to events and meetings conducted by eligible organizations in the nonprofit sector when utilizing public rights-of-way, City facilities, and/or City services, and WHEREAS, the Council desires for a universal Nonprofit Rate to be established at 50% subsidy of the standard fee rates for all applicable fees as set-forth in the Nonprofit Subsidy Policy, and
WHEREAS, the Council finds there is a need to modify the Citywide Fee Schedule to remove certain fees and modify certain fees in the Library, Arts & Culture Department that are specifically applied to non-profit organizations, and instead apply the universal 50% Nonprofit Rate subsidy to the applicable fees as set-forth in the Nonprofit Subsidy Policy, and

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

SECTION 6. The Council hereby approves and adopts:

1. The FY 2024-25 Citywide Fee Schedule amendments pertaining to the Library, Arts & Culture department, which:

A. Removes and modifies titles for some fees as indicated in Attachment 1 to this resolution with an effective date of November 7, 2024.

2. A 50% subsidy rate to be applied to all applicable fees in the Comprehensive Citywide fee schedule as set-forth in the Nonprofit Subsidy Policy.

BE IT FURTHER RESOLVED that removed and modified fees set forth in the Library, Arts & Culture Fee Schedule (Attachment 1) and identified therein with an effective date of November 7, 2024 shall become effective on the thirtieth (30 th) day following adoption of this Resolution. Fees in the Citywide Fee Schedule that are unchanged by this Resolution shall remain in effect.
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2 Adopted by the Council of the City of Glendale on this ________ day of October, 2024, to take effect on November 7, 2024.
_______________________________
Mayor
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, do hereby 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 October, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
City Clerk
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FY 2024-25 Citywide Fee Schedule - Fees, Fines, Rates & Charges IV - Library, Arts & Culture
Section 1: Library Auditorium Fees
Comments # Service Title Current Fees Unit/Time Effective Date Delete 1 Central Library/Rehearsal/Set Up and
Auditorium Fees - Non-Profit 135.00$ Per Hour 11/7/2024 No Fee Change 2 Central Library/Rehearsal/Set Up and
Auditorium Fees - Standard/Private 192.00$ Per Hour 7/25/2024 No Fee Change 3 Central Library/Rehearsal/Set Up and
Auditorium Fees - Commercial 269.00$ Per Hour 7/25/2024 No Fee Change 4
Central Library/Rehearsal/Set Up and
Auditorium Fees - Study Rooms

40.00$ Per Hour 7/25/2024
No Fee Change 5 Brand Library - Maintenance Fee 40.00$ Per Hour 7/1/2024 No Fee Change 6
Brand Library - Reception Fee (When Food is
Served at Event and/or for Use of Kitchen)/Non-
Catered

52.00$ Per Hour 7/25/2024
No Fee Change 7 Brand Library - Rehearsal/Set up Fee (Up to 2 Hours)
135.00$ Per Hour 7/25/2024
No Fee Change 8 Brand Library/Recital Hall Piano rental 85.00$ Pe r Piano 7/1/2024 No Fee Change 9 Brand Library/Recital Hall, Sale of Non-Food Merchandise, Appropriate to a Library Setting 250.00$ Per Event 7/25/2024 Delete 10 Brand Library/Recital Hall - Non-Profit 75.00$ Per Hour 11/7/2024 No Fee Change 11 Brand Library/Recital Hall - Standard/Private 125.00$ Per Hour 7/25/2024 No Fee Change 12 Brand Library/Recital Hall - Commercial 200.00$ Per Hour 7/25/2024 Delete 13
Brand Library/Recital Hall Paid Ticketed Event
Fee - Non-Profit
400.00$ Per Event 11/7/2024
No Fee Change 14 Brand Library/Recital Hall Paid Ticketed Event Fee -Standard/Private
600.00$ Per Event 7/25/2024
Delete 15 Brand Library/Art Galleries/Skylight/
Atrium/Courtyard - Non-Profit 4,272.00$ 6 Hours 11/7/2024 No Fee Change 16 Brand Library/Art Galleries/Skylight/Atrium/ Courtyard - Standard/Private 5,127.00$ 6 Hours 7/25/2024 No Fee Change 17 Brand Library/Art Galleries/Skylight/Atrium/ Courtyard - Commercial 5,982.00$ 6 Hours 7/25/2024 Delete 18
Branch Library/ (Excluding Brand) Closed Hours -
Non-Profit
192.00$ Per Hour 11/7/2024
No Fee Change 19 Branch Library/ (Excluding Brand) Closed Hours - Standard/Private 257.00$ Per Hour 7/25/2024
No Fee Change 20 Branch Library/ (Excluding Brand) Closed Hours - Commercial 322.00$ Per Hour 7/25/2024
Delete 21
Brand Plaza/Atrium Gallery/ Courtyard - Non-
Profit
425.00$ Per Hour 11/7/2024
No Fee Change 22 Brand Plaza/Atrium Gallery/ Courtyard - Standard/Private
550.00$ Per Hour 7/25/2024
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Attachment 1
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FY 2024-25 Citywide Fee Schedule - Fees, Fines, Rates & Charges IV - Library, Arts & Culture
Section 1: Library Auditorium Fees
Comments # Service Title Current Fees Unit/Time Effective Date No Fee Change 23 Brand Plaza/Atrium Gallery/ Courtyard - Commercial 1,023.00$ Per Hour 7/25/2024 Delete 24 Central Library/Main Reading Room Rental - Non- Profit 2,668.00$ 6 Hours 11/7/2024 No Fee Change 25 Central Library - Main Reading Room Rental; Each Additional Hour 410.00$ Per Hour 7/25/2024 No Fee Change 26 Central Library/Main Reading Room Rental - Standard/Private 3,336.00$ 6 Hours 7/25/2024 No Fee Change 27 Central Library/Main Reading Room Rental - Commercial 4,000.00$ 6 Hours 7/25/2024 Delete 28 Brand Mansion - Non-Profit 2,955.00$ 6 Hours 11/7/2024 No Fee Change 29 Brand Mansion - Standard/Private 3,547.00$ 6 Hours 7/25/2024 No Fee Change 30 Brand Mansion - Commercial 4,138.00$ 6 Hours 7/25/2024 Delete 31 Brand Complex - (Excluding Stacks and Brand
Studios) - Non-Profit 5,449.00$ 6 Hours 11/7/2024 No Fee Change 32 Brand Complex - (Excluding Stacks and Brand Studios) - Standard/Private 6,540.00$ 6 Hours 7/25/2024 No Fee Change 33 Brand Complex - (Excluding Stacks and Brand Studios) - Commercial 7,631.00$ 6 Hours 7/25/2024 No Fee Change 34
Brand Complex - Reception Fee (When Food is
Served at Event and/or for use of Kitchen) /
Catered
300.00$ Per Event 7/25/2024
No Fee Change 35 Brand Library - Use of Media Equipment 85.00$ Per Event 7/1/2024 No Fee Change 36 Misc Rental - Cost for Access to Library Prior to Event for Deliveries
126.00$ Per Hour 7/25/2024
No Fee Change 37 Central Library/Auditorium - Rentals - Audio/Video Package 126.00$ Per Event 7/25/2024 No Fee Change 38 Central Library/Auditorium - Rentals - Kitchen Usage
108.00$ Per Event 7/1/2024
No Fee Change 39 Central Library/Auditorium - Rentals - Piano Rental

85.00$ Per Piano 7/1/2024
No Fee Change 40 Misc Rental - Fee for use of Risers for Event 218.00$ Per Event 7/1/2024 No Fee Change 41 Central Library/Auditorium - Sound Room Rental - Without Technician

21.00$ Per Hour 7/25/2024
No Fee Change 42 Central Library/Auditorium - Sound Room Rental - With Technician

42.00$ Per Hour 7/25/2024
No Fee Change 43 Other Rentals: Meeting Room Rental -
Commercial
115.00$ Per Hour 7/25/2024
No Fee Change 44 Other Rentals: Meeting Room Rental -
Standard/Private

86.00$ Per Hour 7/25/2024
Delete 45 Other Rentals: Meeting Room Rental - Non-
Profit 46.00$ Per Hour 11/7/2024 No Fee Change 46
Central Library/Auditorium - Rentals - West
Reading Room, During Closed Hours Only
(Minimum 3 hours)
250.00$ Per Hour 7/25/2024
No Fee Change 47 Misc Rental - Staffing Fee (Overtime/Holiday) 63.00$ Per Hour 7/25/2024 No Fee Change 48 Misc Rental - Custodial Fee Actual Costs Per Rental 7/25/2024 2 of 5
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FY 2024-25 Citywide Fee Schedule - Fees, Fines, Rates & Charges IV - Library, Arts & Culture
Section 1: Library Auditorium Fees
Comments # Service Title Current Fees Unit/Time Effective Date No Fee Change 49 Central Library/Auditorium - Rentals - Teen Space 235.00$ Per Hour 7/25/2024
No Fee Change 50 Other Rentals: MakerSpace Rental 60.00$ Per Hour 7/25/2024 No Fee Change 51
Parking/Central Library (Minimum of 5 Hours)
Parking Fees, Central - Full Lot Available During
Closed Hours Only
1,131.00$ Full Lot 7/1/2024
No Fee Change 52 Parking/Central Library (Minimum of 5 Hours) Parking Fees, Central - Price Per Slot 20.00$ Per Slot 7/1/2024 No Fee Change 53 Parking/Neighborhood Libraries, Parking Fees - Chevy Chase 450.00$ Per Booking 7/25/2024
No Fee Change 54 Parking/Neighborhood Libraries, Parking Fees - Montrose (Upper Lot Only) 450.00$ Per Booking 7/25/2024 No Fee Change 55 Parking/Neighborhood Libraries, Parking Fees - Grandview 450.00$ Per Booking 7/25/2024
No Fee Change 56 Misc Rental - Portable Sound System 75.00$ Per Event 7/1/2024 No Fee Change 57 Misc Rental - Use of Alcohol 104.00$ Per Event 7/25/2024 No Fee Change 58 Misc Rental - Staffing Fee 42.00$ Per Hour 7/25/2024 No Fee Change 59 Misc Rental - Security Guard 25.00$ Per Hour 7/25/2024 No Fee Change 60 Parking Fees/Neighborhood Libraries, Parking Fees - All Other Neighborhood Libraries 300.00$ Per Booking 7/25/2024 Resolution No.: 24-110
Resolution No.: 09-87 Resolution No.: 16-109
Resolution No.: 11-123 Resolution No.: 17-75
Resolution No.: 12-86 Resolution No.: 18-95
Resolution No.: 13-102 Resolution No.: 19-61
Resolution No.: 14-88 Resolution No.: 20-69
Resolution No.: 15-96 Resolution No.: 21-84
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FY 2024-25 Citywide Fee Schedule - Fees, Fines, Rates & Charges IV - Library, Arts & Culture
Section 2: Miscellaneous Library, Arts & Culture Fees
Comments # Service Title Current Fees Unit/Time Effective Date Delete 1
Photography Use Permits/Brand Library -
Interior Photography, During Closed Hours only
(Minimum 3 Hours) - Non-Profit
150.00$ Per Hour 11/7/2024 No Fee Change 2
Photography Use Permits/Brand Library -
Interior Photography, During Closed Hours only
(Minimum 3 Hours) - Standard/Private
250.00$ Per Hour 7/25/2024 No Fee Change 3
Photography Use Permits/Brand Library -
Interior Photography, During Closed Hours only
(Minimum 3 Hours) - Commercial
350.00$ Per Hour 7/25/2024 No Fee Change 4 Photography Use Permits/Brand Library Exterior Photography Porch and Plaza - Commercial 354.00$ Per Hour 7/25/2024 Modification 5
Photography Use Permits/Brand Library Exterior
Photography Porch and Plaza - Non-Profit or
Standard/Private
100.00$ Per Hour 11/7/2024 Delete 6
Photography Use Permits/Central Library -
Interior Photography, during closed hours only
(Minimum 3 Hours) - Non-Profit
263.00$ Per Hour 11/7/2024 Modification 7
Photography Use Permits/Central Library
Exterior Photography Porch and Plaza - Non-
Profit or Standard/Private
263.00$ Per Hour 11/7/2024 No Fee Change 8
Photography Use Permits/Central Library
Exterior Photography Porch and Plaza -
Commercial
438.00$ Per Hour 7/25/2024 No Fee Change 9
Photography Use Permits/Central Library -
Interior Photography, During Closed Hours only
(Minimum 3 Hours) - Commercial
438.00$ Per Hour 7/25/2024 No Fee Change 10
Photography Use Permits/Central Library -
Interior Photography, During Closed Hours only
(Minimum 3 Hours) - Standard/Private
350.00$ Per Hour 7/25/2024 No Fee Change 11 Collection Agency Fee 15.00$ Flat 7/1/2024 No Fee Change 12 Equipment Printouts/Copies - Black/White 0.10$ Each 7/1/2024 No Fee Change 13 Equipment Printouts/Copies - Color 0.50$ Each 7/1/2024 No Fee Change 14 Sale of Supplies Ear-Buds 1.00$ Each 7/1/2024 No Fee Change 15 Document Delivery: (Hardcopy) - 11-20 pages 5.00$ Flat 7/1/2024 No Fee Change 16 Document Delivery: (Hardcopy) - 21-30 pages 7.00$ Flat 7/1/2024 No Fee Change 17 Document Delivery: (Hardcopy) - 31+ pages 0.25$ Per Page+Postage 7/1/2024 No Fee Change 18 Document Delivery: (Hardcopy) - 5-10 pages 3.00$ Flat 7/1/2024 No Fee Change 19 Document Delivery: (Hardcopy) - 0-5 pages Free Flat 7/1/2024 4 of 5
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FY 2024-25 Citywide Fee Schedule - Fees, Fines, Rates & Charges IV - Library, Arts & Culture
Section 2: Miscellaneous Library, Arts & Culture Fees
Comments # Service Title Current Fees Unit/Time Effective Date No Fee Change 20
Inter-Library Loan (ILL): Interlibrary Loan Patron
Requests Materials from a Lending Library -
Inter-library Loan (ILL) Overdue Materials
Penalty Daily 7/25/2024
No Fee Change 21
Inter-Library Loan (ILL): Photo Use Fee -
Commercial Publication of Library Photo

40.00$ Per Digital Copy of
Image 7/25/2024
Modification 22
Inter-Library Loan (ILL): Photo Use Fee - For
Personal and/or Non-Profit Use - After 5 Images
(first 5 free)

5.00$ Per Digital Copy of
Image 11/7/2024
No Fee Change 23 Inter-Library Loan (ILL): Photo Use Fee/Returned Checks - Subsequent Insufficient Check 35.00$ Subsequent Insufficient Checks 7/1/2024
No Fee Change 24 Inter-Library Loan (ILL): Photo Use Fee/Returned Checks - NSF/A/C, etc.

25.00$ Each 7/1/2024
No Fee Change 25 Lost/Destroyed Materials, Link+ Cost up to $115 Each 7/1/2024 No Fee Change 26 Sale of Tote Bags Actual Cost + 50% Each 7/25/2024 No Fee Change 27 Lost/Destroyed/Damaged Materials: Processing Fees - Book/AV

67.00$ Each 7/25/2024
No Fee Change 28 Lost/Destroyed/Damaged Materials: Processing Fees - Other Materials
138.00$ Each 7/25/2024
No Fee Change 29 Lost/Destroyed/Damaged Materials:

Lost/Destroyed/Damaged Materials
Actual Cost Each 7/25/2024
No Fee Change 30
Inter-Library Loan (ILL): /Interlibrary Loan Patron
Requests Materials from a Lending Library -
Processing Fee

5.00$ Per Request 7/25/2024
No Fee Change 31
Inter-Library Loan (ILL): /Interlibrary Loan Patron
Requests Materials from a Lending Library -
Materials
Fees Charged by
Lending Library (If
Applicable)
Per Request 7/25/2024
No Fee Change 32 Inter-Library Loan (ILL): Obituary 20.00$ Each 7/25/2024 No Fee Change 33 Inter-Library Loan (ILL): Complex Research/Local History (Not to Exceed One Hour) 30.00$ Each 7/25/2024 Resolution No.: 09-87 Resolution No.: 15-96 Resolution No.: 20-69 Resolution No.: 11-123 Resolution No.: 16-109 Resolution No.: 21-84 Resolution No.: 12-86 Resolution No.: 17-75 Resolution No.: 24-110 Resolution No.: 13-102 Resolution No.: 18-95
Resolution No.: 14-88 Resolution No.: 19-61
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Glendale City CouncilOctober 8, 2024

Glendale City Council
October 8, 2024