A G E N D A
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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PLEASE TURN OFF CELLULAR PHONES WHILE INSIDE THE MEETING LOCATION In
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in the Office of the City Clerk, 613 E. Broadway, RM 110, Glendale, CA 91206.
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DECEMBER 10, 2024
ROLL CALL
1. CLOSED SESSION
– 1:00 PM ( To Commence at 2:00 PM)
a.
Conference with Legal Counsel – Existing Litigation: Najarian v. City of Glendale, L.A.S.C. Case No. 24STCP02101; Claim of Najarian, No. 25-0009
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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 December 10, 2024 Regular Meeting of the Glendale City Council was Posted on December 6, 2024, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a.
Agenda Preview for the Meetings of Tuesday, December 17, 2024 b.
Proclamation Designating December 13, 2024, as Mothers Against Drunk Drivers Day – MADD
4. CONSENT ITEMS
(Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a.
City Clerk, re: Minutes of the Regular City Council Meeting of November 19 and Special City Council and Regular City Council Meetings of December 3, 2024 b.
Glendale Water and Power, re: Specification No. 4002 for Glendale Water & Power Department City-Wide Utility Street Repairs Project
1. Resolution adopting Specification No. 4002 for the GWP City-Wide Utility Street Repairs Project, and directing the City Clerk to advertise for bids c.
Public Works, re:
Professional Services Agreement for the Development and Implementation of the Street Furniture Program
1. Motion authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Gobis & Company, LLC, for consulting services to develop and implement a Bus Shelter and Transit Bus Advertising Program, in a not-to-exceed amount of $61,150
d.
Public Works, re:
Execution of Transfer Agreement between the City of Glendale and Los Angeles County Flood Control District, Agreement No. 2020RPULAR10, Safe, Clean Water Program - Regional Program
1. Motion Authorizing the City Manager or a designee to enter into a Transfer Agreement between the City of Glendale and Los Angeles County Flood Control District, Agreement No. 2023RPULAR06, Safe, Clean Water Program – Regional Program, for the California Avenue and Adjacent Streets Stormwater Capture Project
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
8. ACTION ITEMS
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a.
Police Department, re: Acceptance and Appropriation of BJA 2024 DNA Capacity Enhancement for Backlog Reduction Grant
1. Motion authorizing acceptance of the BJA 2024 DNA Capacity Enhancement for Backlog Reduction Grant and authorizing the City Manager, or a designee, to execute the necessary agreements, certification, and other documents required to accept the Grant
2. Resolution of appropriation to appropriate $243,744 in BJA 2024 DNA Capacity Enhancement and Backlog Reduction Grant funds
3. Resolution to dispense with competitive bidding and authorize the Deputy Director of Finance – Purchasing to issue a purchase order with Hamilton Company in the amount of $400,000 over 3 years
4. Motion to authorize the Deputy Director of Finance – Purchasing to increase the current purchase order with Life Technologies in the amount of $1,000,000 for a total of $3,500,000
b.
Glendale Water and Power, re: Amendment No. 3 to Contract No. 8000616 with ARB, Inc. for Ongoing Grayson Site Mechanical and Field Service Support
1. Resolution dispensing with competitive bidding and authorizing the City Manager, or his designee, to execute Amendment No. 3 to existing specialized Mechanical and Field Services for Glendale Water and Power’s Grayson Power Plant with ARB, Inc., Contract No. 8000616, to extend the term of the Contract by nine months c.
Public Works, re: Direction on the North Brand Boulevard Complete Streets Demonstration Project
1. Motion adopting revised plans, directing staff to implement adjustments to the roadway striping and installed bike lanes, executing a change order to contract 8002427 with Sterndahl Enterprises, LLC for the temporary adjustments, increasing the contract amount by $235,120, authorizing the City Manager or his designee to execute the contract change order, and directing staff to continue the demonstration project for a period of six months after the adjustments (Option 1)
2. Motion adopting revised plans, directing staff to implement adjustments to the roadway striping to convert the quick build bike lanes to two-way cycle track located on the east side of Brand Boulevard, and return the southbound direction to two-lane traffic configuration, executing a change order to contract 8002427 with Sterndahl Enterprises, LLC for the adjustments, increasing the contract amount by $534,400, authorizing the City Manager or his designee to execute the contract change order, and directing staff to continue the demonstration project for a period of six months after the adjustments (Option 2)
3. Motion adopting revised plans, directing staff to remove installed bike lanes and the implemented changes, and revert the street to its original condition, executing a change order to contract 8002427 with Sterndahl Enterprises, LLC for the reversion, increasing the contract amount by $527,696, and authorizing the City Manager or his designee to execute the contract change order (Option 3)
4. Resolution of appropriation to appropriate $235,120 for the North Brand Boulevard Complete Streets Demonstration Project, to fund the implementation of the temporary adjustments and continue the demonstration project for six months (Option 1)
5. Resolution of appropriation to appropriate $534,400 for the North Brand Boulevard Complete Streets Demonstration Project, to fund the implementation of a two-way cycle track alternative and continue the demonstration project for another six months (Option 2)
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6. Resolution of appropriation to appropriate $527,696 for the North Brand Boulevard Complete Streets Demonstration Project, to fund reverting the street to its original alignment (Option 3)
9. HEARINGS
10. REPORTS - INFORMATION
11. WRITTEN COMMUNICATIONS
12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a.
Councilmember Najarian’s Request to Agendize a Discussion to Extend the Nomination Period for Boards and Commissions
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
NOVEMBER 19, 2024
ROLL CALL – Absent: Kassakhian
1. CLOSED SESSION – 3:06 PM
a. Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: One potential case
b. Public Employment – Attorneys
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 Legal Counsel – Existing Litigation: Panosian v. City of Glendale, L.A.S.C. Case No. 23GDCV00932
City Attorney Mike Garcia indicated that action is anticipated on items 1b and 1d. Council recessed to closed session at 3:07 p.m.
2. REGULAR BUSINESS AGENDA – 6:05 PM
Roll Call – All Present
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 November 19, 2024 Regular Meeting of the Glendale City Council was Posted on November 14, 2024, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, November 26, 2024 There will be no meeting on November 26. The next regular meetings will be on December 3, 2024.
Agenda out of order. Items 3b and 3c read together.
b. Legislative Update by Kyra Ross
c. Proclamation Designating Saturday, November 30th, as “Small Business Saturday”
Soua Vang, Deputy Director of Community Development/Economic Development Gigi Garcia, Montrose Shopping Park Association
Kim Kelly, Montrose Shopping Park Association
Rick Lemmo, Downtown Glendale Association
d. Commendation for Palace Cleaners & Laundry for their 101 Years in Business Armen Movsessian, Owner
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.
a. City Clerk, re: Minutes of the Special City Council and Regular City Council Meetings of November 12, 2024
Moved: Najarian Seconded: Gharpetian
Vote as Follows
5. CITY COUNCIL/STAFF COMMENTS
Councilmember Najarian congratulated his brother-in-law, Dr. Steven Yacoubian, an orthopedic surgeon and a Lt. Commander in the US Navy, for receiving a medal of recognition after partaking in operation “Keen Sword” this October at Camp Foster, a US Marine Base in Okinawa, Japan.
Councilmember Brotman commended the Sustainability Office for a successful repair café and clothing swap event this past weekend. The repair café and clothing swap event is held every three months.
Councilmember Gharpetian attended the Glendale Latino Association Annual Toy Drive Mixer at Porto’s Bakery. He congratulated the Armenian Society of Los Angeles’ 68 th Anniversary. Gharpetian asked staff to provide an update on the digital sign ordinance. He reminded council that he wishes to recognize the month of December as Family Celebration and Appreciation Month and asked staff to organize small events to honor our families.
Gharpetian requested to agendize a discussion regarding the appointment for a seat on the Burbank-Glendale-Pasadena Airport Authority Commission. He congratulated Kathryn Barger and Nathan Hochman for being re-elected/elected and stated that it is important to pay attention to what is happening statewide and nationwide since this will affect us one way or another. Gharpetian expressed his wish of having faith-based invocators for the two council meetings in December.
Mayor Asatryan stated that she had a productive and fruitful meeting with Ascencia and that a report will be presented to council for discussion. She took a trip to South Korea and signed a Memorandum of Understanding with the Incheon Free Economic Zone (IFEZA), to foster mutual economic growth through collaboration in the entertainment industry. Asatryan stated that IFEZA Commissioner Dr. Yoon Won-sok will visit the City of Glendale in January 2025 to look at spaces to bring forth Korean entertainment and K-Pop events and asked staff to collaborate. Mayor Asatryan also requested to agendize for discussion a report on programs to assist small businesses and restaurants facing Steep commercial rent increases.
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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3 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.
Rene Karapedian
Allen Dish
7. ADOPTION OF ORDINANCES
8. ACTION ITEMS
a. Glendale Water and Power, re: Glendale Water and Power (GWP) Power Source Disclosure Report and Power Content Label for Calendar Year 2023 Presenting:
Ileana Cardenas, Power Planning Manager
Staff Comments:
Scott Mellon, Assistant General Manager/Power Management Roubik Golanian, City Manager
1. Motion to Note and File the GWP Power Disclosure Report and Power Content Label for Calendar Year 2023
Moved: Brotman Seconded: Kassakhian
Vote as Follows
b. Glendale Water and Power, re: Plan to Increase Glendale Water and Power (GWP) Customer Solar Adoption and Develop Additional Distributed Energy Resources Presenting:
Eric Cutter, E3
Ruzan Soloyan, Clean Energy Officer
Staff Comments:
Manny Robledo, Interim General Manager of GWP
Scott Mellon, Assistant General Manager/Power Management Roubik Golanian, City Manager
Michael Garcia, City Attorney
Public Comments:
Elise Kalfayan
Monica Campagna/David Eisenberg
Danielle Leon
Fernando Roldan
Jackie Gish
Nicki Dedikozian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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4 1. Motion accepting the findings of the Energy and Environmental Economics, Inc. (E3) study on GWP’s Plan to Increase Solar Adoption and Develop Additional Distributed Energy Resources, as outlined in the Final Report: Plan to Increase Solar Adoption and Develop Additional Distributed Resources
2. Resolution amending Resolution No. 22-125 to revise the target of achieving a minimum total peak dispatchable and peak-load-reducing capacity of 100 MW by December 31, 2027 to a target of achieving 60 MW of solar generating capacity by 2030, and approving the development of programs to enhance energy efficiency and reduce peak demand
3. Motion amending the City’s existing Professional Services Agreement (PSA), Contract No. 8002375, with E3, to increase the amount by $52,330 for additional completed work and to authorize the corresponding encumbrance Motion to note and file the Final Report: Plan to Increase Solar Adoption and Develop Additional Distributed Resources prepared by Energy Environmental Economics, Inc. (E3) as a result of E3’s study on Glendale Water and Power’s plan to increase solar adoption and develop additional distributed energy resources Moved: Brotman Seconded: Najarian
Vote as Follows
Motion to direct GWP staff to return to the City Council with a Report and a revised Resolution relating to a stretch goal for solar adoption, with considerations of energy efficiency and demand response programs with numeric goals for said programs, and rate implications for said goals
Moved: Brotman Seconded: Najarian
Vote as Follows
Mayor Asatryan passed the gavel to Mayor Pro Tem Najarian. c. Management Services, re: Appointment of City of Glendale Member to the Board of Directors for the Metropolitan Water District (MWD) of Southern California
1. Motion appointing Kassakhian to serve on the Board of Directors for the Metropolitan Water District of Southern California
Moved: Asatryan Seconded: Gharpetian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Asatryan
None
None
Gharpetian, Najarian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Najarian, Asatryan
Gharpetian
None
None
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5 9. HEARINGS
a. Community Development, re: Ordinances Amending Title 30 of the Glendale Municipal Code, 1995, (Case No. PZC-0010-2024) and the Downtown Specific Plan (Case No. PGPA-003908-2024) Relating Generally to Standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) (Continued from November 12, 2024, Council Meeting)
Hearing opened at 9:43 p.m. and closed at 10:18 p.m.
Presenting:
Vista Ezzati, Principal Planner
Staff Comments:
Yvette Neukian, Principal Asst. City Attorney
Mike Garcia, City Attorney
Public Comment:
Shane Lee
1. Introduction of Ordinance Amending Title 30 Relating Generally to Standards for ADUs and JADUs
Introduced by: Brotman
2. Introduction of Ordinance Amending the Downtown Specific Plan Relating Generally to Standards for ADUs and JADUs
Introduced by: Brotman
Motion to direct staff to prepare and bring back, during adoption of said ordinances, a Resolution with Findings to re-adopt portions of its current ordinance related to ADUs and JADUs (Ordinance No. 5997) setting forth the reasons Ordinance No. 5997 complies with State law, with respect to JADUs and Zoning, Accessory Living Quarters, Unit Mixture, and Stories
Moved: Brotman Seconded: Kassakhian
Vote as Follows
Item 9a3 no action.
3. Resolution Making Findings That Certain Portions of Ordinance No. 5997 Complies with California Government Code Sections 66314, et seq. and 66333, et seq., Despite the Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-adopting Those Portions of Ordinance No. 5997 Without Changes
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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6 b. Public Works, re: Appeal of Transportation and Parking Commission Decision Regarding Installation of All-way Stop Controls at the Adams Street and Scofield Drive Intersection
Hearing opened at 10:28 p.m. and closed at 11:06 p.m.
Staff Comments:
Daniel Hernandez, Director of Public Works
Presenting:
Pastor Casanova, Principal Traffic Engineer
Public Comments:
Stephen Meek
Rafik Babakhanyan
Garry Ackerman
Allen Dish
Alex Fay
Michael Sheehan
Shane Lee
Nick Dies
Brian Spence
1. Motion reversing the decision of the Transportation and Parking Commission, and approving the installation of all-way stop controls; or, in the alternative Moved: Brotman Seconded: Kassakhian
Vote as Follows
2. Motion affirming the decision of the Transportation and Parking Commission, and denying the installation of all-way stop controls; or, in the alternative
3. Motion referring the matter back to the Transportation and Parking Commission, with directions, for further consideration; or, in the alternative
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 (Carried over from October 8, November 5, and November 12, 2024, Council Meeting)
12A rejected.
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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7 b. Councilmember Brotman’s Request to Consider different approaches for drive- through regulations, including updated development standards (Carried over from October 8, November 5, and November 12, 2024, Council Meeting) Moved: Brotman Seconded: Kassakhian
Vote as Follows
Staff Comments:
Bradley Calvert, Director of Community Development
Roubik Golanian, City Manager
Mike Garcia, City Attorney
c. Mayor Asatryan’s Request for a Report on Funding and/or Policies for Further Rent Reductions in the City/Authority’s Affordable Housing Projects for Tenants on SSI (Carried over from November 12, 2024, Council Meeting) Moved: Brotman Seconded: Kassakhian
Vote as Follows
Staff Comment:
Roubik Golanian, City Manager
Public Comments:
Shane Lee
Ramella Eraghi
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.
Council recessed to Closed Session at 12:01 a.m. and reconvened at 12:09 a.m.
14. NEW BUSINESS
a. Motion to enter into a retainer agreement to utilize the legal services of One LLP (John Tehranian) to assist the City Attorney with a matter Moved: Brotman Seconded: Najarian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Asatryan
Gharpetian Najarian
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Najarian, Asatryan
None
None
Gharpetian
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8 b. Motion to resolve the lawsuit entitled Nora Panosian v. City of Glendale, Los Angeles Superior Court Case No. 23GDCV00932 in exchange for a full release of all claims in the amount of $65,000
Moved: Najarian Seconded: Brotman
Vote as Follows
15. ADJOURNMENT – 12:10 a.m.
Moved: Brotman Seconded: Kassakhian
Mayor of the City of Glendale
City Clerk of the City of Glendale
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Najarian, Asatryan
None
None
Kassakhian
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1 M I N UT E S
SPECIAL MEETING: GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
DECEMBER 3, 2024
The Special Public Meeting of the Glendale City Council convened in the City Hall Council Chambers, in said City, at 3:05 p.m., on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:
November 27, 2024
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 3:00 PM on Tuesday, December 3, 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 Development, re: Use of City Days at the Alex Theatre: Los Angeles Youth Orchestra
a. Council motion to approve use of one of twelve annual City Days at the Alex Theatre for the 25th Anniversary Performance of the Los Angeles Youth Orchestra
2. Community Development, re: Exclusive Negotiating Agreement- 1401 North Verdugo Road (Glendale Civic Auditorium)
a. City Council motion authorizing the City Manager to Execute an Exclusive Negotiating Agreement with Events at Eden, a California corporation, for the purpose of negotiating a lease and management agreement for City-owned property located at 1401 North Verdugo Road
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. November 27, 2024 Glendale, CA Upon Vartan Gharpetian at 5:00 p.m. November 27, 2024 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. November 27, 2024 Glendale, CA Upon Ara Najarian at 5:00 p.m. November 27, 2024 Glendale, CA Upon Elen Asatryan at 5:00 p.m. November 27, 2024 Glendale, CA Mayor Asatryan called the meeting to order at 3:05 p.m.
ROLL CALL
- All Present
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, December 3, 2024 Special Public Meeting of the City Council was posted on November 27, 2024, on the Bulletin Board Outside City Hall. 4A
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2 1. Community Development, re: Use of City Days at the Alex Theatre: Los Angeles Youth Orchestra
Staff Comment:
Tamar Sadd, Deputy Director of Community Development
Public Comment:
Mike Mohill
a. Council motion to approve use of one of twelve annual City Days at the Alex Theatre for the 25th Anniversary Performance of the Los Angeles Youth Orchestra Moved: Brotman Seconded: Gharpetian
Vote as Follows
2. Community Development, re: Exclusive Negotiating Agreement- 1401 North Verdugo Road (Glendale Civic Auditorium)
Staff Comments:
Bradley Calvert, Director of Community Development
Roubik Golanian, City Manager
Mike Garcia, City Attorney
Public Comments:
Mike Mohill
Beth Brooks
Susan Broussalian
Rebecca
a. City Council motion authorizing the City Manager to Execute an Exclusive Negotiating Agreement with Events at Eden, a California corporation, for the purpose of negotiating a lease and management agreement for City-owned property located at 1401 North Verdugo Road
Moved: Kassakhian Seconded: Brotman
Vote as Follows
ADJOURNMENT – 3:58 p.m.
Moved: Brotman Seconded: Gharpetian
Mayor of the City of GlendaleCity Clerk of the City of Glendale Ayes:
Noes:
Absent:
Abstain:
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Asatryan
Gharpetian, Najarian
None
None
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
14 of 192
1 M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
DECEMBER 3, 2024
ROLL CALL – All Present
1. CLOSED SESSION – 4:00 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:
One potential case
b. Public Employee Performance Evaluation – City Manager and City Attorney City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to closed session at 4:01 p.m.
2. REGULAR BUSINESS AGENDA – 6:02 PM
Roll Call – Absent: Gharpetian (arrived at 6:04 p.m.)
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 December 3, 2024, Regular Meeting of the Glendale City Council was Posted on November 27, 2024, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, December 10, 2024 Asst. City Manager John Takhtalian provided the preview.
4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a. City Clerk, re: Minutes of the Special City Council of November 19, 2024 Moved: Brotman Seconded: Gharpetian
Vote as Follows
b. Glendale Water and Power, re: Application to State Water Resources Control Board for the Water Recycling Funding Program Grant
1. Resolution 24-187 authorizing the City Manager, or his designee, to submit a Water Recycling Funding Program Grant application for a grant amount of $150,000, and further authorizing the City Manager, or his designee, to execute and submit all required documents related to said grant application
Moved: Brotman Seconded: Gharpetian
Vote as Follows
4A
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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2 c. Public Works, re: Award of Construction Services Contract for On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services
1. Motion awarding a construction services contract to Elecnor Belco Electric, Inc. for five-years for a “not-to-exceed” amount of $3,500,000, and authorizing the City Manager, or a designee, to execute the contract
Moved: Brotman Seconded: Gharpetian
Vote as Follows
2. Resolution 24-188 of appropriation to appropriate funds in the amount of $600,000 for On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services Moved: Brotman Seconded: Gharpetian
Vote as Follows
5. CITY COUNCIL/STAFF COMMENTS
Councilmembers wished everyone a belated Happy Thanksgiving.
Councilmember Gharpetian spoke about the Montrose Christmas Tree lighting event that happened last weekend. He toured fire stations #27 on Brand, #28 on La Crescenta, and #29 on Honolulu and said that these stations need renovation which is coming up soon. He asked staff for an update on his request to recognize the month of December as Family Celebration and Appreciation Month. City Manager Roubik Golanian stated that staff found little information on this but will come back sometime this month to provide a proclamation.
Gharpetian asked staff to provide a report on the water and power rate increases. Golanian stated that the report on the water and electricity rate increases will be discussed by council in January 2025.
Councilmember Brotman suggested that the water and power rate increase discussion should be a Study Session.
Councilmember Kassakhian encouraged everyone to shop local for the holidays. He stated that when people shop in Glendale, some of that money comes back to the city and is used to provide services to the public. He invited the public to attend the Montrose Christmas parade this Saturday at 6pm. Kassakhian stated that one of the highlights of his entire time on council was the ribbon-cutting for the newly renovated children’s section of the Glendale Central Library. He encouraged everyone to go see what he considers the best children’s library section in Los Angeles County.
Mayor Asatryan thanked the Montrose Shopping Park Association (MSPA) for organizing the Montrose Tree Lighting Ceremony and Small Business Saturday. She invited everyone to check MSPA’s Instagram posts for future holiday events. Asatryan invited everyone to attend the Christmas tree lighting ceremony tomorrow at 6pm at Glendale City Hall Perkins Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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3 Plaza. She forwarded to staff ideas for a Christmas Town concept to create family-oriented programming as well as drive economic development. Asatryan announced that the water and power rate increase report and the Public Benefit Program will be discussed during next week’s council meeting. Asatryan attended the first grand opening of a Glendale Dog Resort. She echoed Kassakhian’s sentiments regarding the newly renovated children’s library section at the Glendale Central Library. Asatryan requested staff to spruce up the back area of the children’s library utilizing some of the public arts fund. She asked staff to provide a report and agendize a council discussion regarding the reaffirmation of the City of Glendale as a sanctuary jurisdiction.
City Manager Roubik Golanian invited the public to attend the Electric Car & Bike Guest Drive event at City Hall, this upcoming Saturday.
Mayor Asatryan provided commendations to city staff for saving the life of a pickleball player at the Pacific Community Center.
City Attorney Mike Garcia provided the 2nd verbal notification to council regarding the December 16th deadline for the boards and commissions nominations by the newly instituted panel system. Councilmember Najarian asked staff to agendize a council discussion for extending the nomination period to early next year.
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.
Tony Passarella
Council recessed at 6:35 p.m. and reconvened thereafter.
Gray James
Susan Jekarl
Andranik Zakaryan
Mike Mohill
7. ADOPTION OF ORDINANCES
a. Ordinance 6032 Amending Section 1.04.020 of the Glendale Municipal Code, 1995, Relating to General Provisions, and Amending Section 9.28.020 Relating to Camping (Gharpetian, 11/19/24)
Moved: Gharpetian Seconded: Brotman
Vote as Follows
Public Comments:
Shane Lee
Joseph Kaskanian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
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4 b. Ordinance 6033 Amending Section 5.20.010 and Adding Section 5.20.110 of the Glendale Municipal Code, 1995, Relating to Sidewalk Vendor License (Gharpetian, 11/19/24)
Moved: Kassakhian Seconded: Gharpetian
Vote as Follows
c. Ordinances Amending Title 30 of the Glendale Municipal Code, 1995, (Case No.
PZC- 0010-2024) and the Downtown Specific Plan (Case No. PGPA-003908-2024) Relating Generally to Standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) (Brotman, 11/19/24)
Public Comments:
Shane Lee
Mike Mohill
Staff Comments:
Vista Ezzati, Principal Planner
Mike Garcia, City Attorney
Yvette Neukian, Principal Asst. City Attorney
1. Ordinance 6034 Amending Title 30 Relating Generally to Standards for ADUs and JADUs
Moved: Gharpetian Seconded: Najarian
Vote as Follows
2. Ordinance 6035 Amending the Downtown Specific Plan Relating Generally to Standards for ADUs and JADUs
Moved: Najarian Seconded: Gharpetian
Vote as Follows
3. Resolution 24-189 Making Findings That Certain Portions of Ordinance No. 5997 Complies with California Government Code Sections 66314, et seq. and 66333, et seq., Despite the Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-adopting Those Portions of Ordinance No. 5997 Without Changes
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Gharpetian, Kassakhian, Najarian, Asatryan
None
None
Brotman
Ayes:
Noes:
Absent:
Abstain:
Gharpetian, Kassakhian, Najarian, Asatryan
None
None
Brotman
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5 Moved: Gharpetian Seconded: Najarian
Vote as Follows
8. ACTION ITEMS
a. Glendale Water and Power, re: Professional Services Agreement with Arcadis U.S., Inc. for Engineering Services in Developing a Water Master Plan Presenting:
Chisom Obegolu, Assistant General Manager – Water
Public Comment:
Mike Mohill
1. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Arcadis U.S., Inc, for engineering services in developing a comprehensive Water Master Plan., in the not-to-exceed amount of $1,196,892
Moved: Kassakhian Seconded: Brotman
Vote as Follows
b. Glendale Water and Power, re: Professional Services Agreement with Raftelis Financial Consultants, Inc. to Conduct a Cost-of-Service Analysis (COSA) and Rate Study for the Water Division of City of Glendale Water & Power (GWP) Staff Comment:
Chisom Obegolu, Assistant General Manager – Water
Public Comments:
Allan Durham
Mike Mohill
1. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement with Raftelis Financial Consultants, Inc. to conduct a Cost-of-Service Analysis (COSA) and Rate Study for the Water Division of GWP, in the not-to-exceed amount of $235,006
Moved: Kassakhian Seconded: Najarian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Gharpetian, Kassakhian, Najarian, Asatryan
None
None
Brotman
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Najarian, Asatryan
None
None
Gharpetian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Najarian, Asatryan
None
None
Gharpetian
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6 c. Community Services and Parks, re: Wireless Telecommunications Facility Lease Agreement between the City of Glendale and New Cingular Wireless PCS, LLS with address of 1880 Loma Vista Drive
Presenting:
Onnig Bulanikian, Director of Community Services and Parks
1. Introduction of an Ordinance authorizing the City Manager, or his designee, to enter into and execute a Lease Agreement with New Cingular Wireless PCS, LLS for the installation of a wireless telecommunication facility at City-owned property located with address of 1880 Loma Vista Drive, Glendale, CA 91208 Ordinance Introduced by: Najarian
Item moved to a future date.
d. City Attorney, re: Report on Rules for the Conduct of Council Meetings: Options for Oral Communications and Public Comment on Agenda Items; Matters Related to the Order of Business for Council Agendas; Rules Governing Council Deliberation and Debate; Discussion of Policy for Removing Items from Agenda after Publication; and Rules Governing Decorum and Removing Disruptive Individuals from Council Meetings
1. Motion Providing Direction to Staff
9. HEARINGS
10. REPORTS – INFORMATION
11. WRITTEN COMMUNICATIONS
12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a. Councilmember Gharpetian’s Request to Agendize a Discussion of Appointment to a Commission Seat on the Burbank-Glendale-Pasadena Airport Authority Commission
Staff Comment:
Mike Garcia, City Attorney
Public Comment:
Mike Mohill
b. Mayor Asatryan’s Request for a Report on Programs to Assist Small Businesses and Restaurants Facing Steep Commercial Rent Increases
Staff Comment:
Roubik Golanian, City Manager
Public Comment:
Beth Brooks
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7 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.
Randy Stevenson
Allen Dish
14. NEW BUSINESS
15. ADJOURNMENT - 8:53 p.m.
Moved: Najarian Seconded: Brotman
Mayor of the City of Glendale
City Clerk of the City of Glendale
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Specification No. 4002 for Glendale Water & Power Department City-Wide Utility Street Repairs Project.
1. Resolution adopting Specification No. 4002 for the GWP City-Wide Utility Street Repairs Project, and directing the City Clerk to advertise for bids.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for December 10, 2024 calendar
EXECUTIVE SUMMARY
GWP does not possess the equipment or personnel resources required to make permanent repairs to disturbed asphalt and concrete pavements caused by the installation of water and electric utility infrastructure. GWP has generally relied on the services of a third-party contractor to provide these services.
The current five-year Citywide utility street repairs contract is due to expire in February 2025. Advertising and awarding a new three-year contract with an option to extend for an additional two years will allow GWP to maintain continuity of street repair services.
RECOMMENDATION
Approve a Resolution to adopt Specification No. 4002 for the GWP City-Wide Utility Street Repairs Project, and direct the City Clerk to advertise for bids.
ANALYSIS
City-wide utility street repairs project involves the resurfacing of trenches and other excavation projects by GWP construction crews in the public right-of-way, easements and in City-owned property during the course of installing utility vaults, pull boxes, power poles, substructures, electrical conduits, water service lines, water meters and valves. Some of the utility excavations will be associated with relocation work due to conflicts to street and utility improvements by the Public Works Department’s (PWD) Capital Improvement Projects. All excavations in the public right-of-way are required to be backfilled with removed native soil or imported cement slurry and to be resurfaced with asphalt or concrete pavements to comply with the standards of PWD.
The backfilling portion is completed by GWP operations staff while the street pavement portion is completed by an external contractor as GWP does not possess the equipment or personnel resources required for street repaving. Specification No. 4002 will enable 22 of 192
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GWP staff to select a contractor competitively who can effectively and efficiently perform all street repair work for GWP.
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
The Engineer's Estimate associated with the GWP City-Wide Utility Street Repairs Project is $900,000 per year.
Funding for Fiscal Year 2024-25 is incorporated as part of the various GWP Capital Improvement Program (CIP) and Public Works CIP projects, GWP Customer-Paid projects, and various cost centers within Water and Electric Operations. Staff will return to City Council to award a contract to the lowest responsive bidder; at which time staff will identify specific funds and cost centers that will be used as a funding source, and will provide appropriation information.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The herein subject action of adopting the specifications is not a project as defined by the California Environmental Quality Act (CEQA) and thus a CEQA analysis is not required.
CAMPAIGN DISCLOSURE
Not applicable.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Choose not to approve the attached Resolution adopting Specification for the GWP City-Wide Utility Street Repairs Project, and to not advertise for bids. This will result in the inability for GWP to do necessary street repairs associated with water and electric utility installations in the roadways.
Alternative 2: Consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Manuel Robledo, Interim General Manager - Glendale Water and Power Prepared by:
Chisom Obegolu, P.E., Assistant General Manager - Water Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
None.
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, ADOPTING SPECIFICATION NO. 4002 TO FURNISH MATERIALS,
EQUIPMENT, AND LABOR FOR THE GLENDALE WATER & POWER DEPARTMENT
CITY-WIDE UTILITY STREET REPAIRS AND DIRECTING THE CITY CLERK TO
ADVERTISE FOR BIDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. The specifications on file in the Glendale Water & Power Department – Electrical Engineering Office, to furnish materials, equipment, and labor for the Glendale Water & Power Department City-Wide Utility Street Repairs Project, including the various documents incorporated therein, are hereby approved, adopted, designated and shall hereafter be known as Specifications No. 4002.
SECTION 2. That the City Clerk is hereby directed to advertise for bids for work, equipment and materials described in Specifications No. 4002 adopted by this Resolution.
Adopted by the Council of the City of Glendale on this ___ day of _________, 2024. ________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
STATE OF CALIFORNIA ) SS.
COUNTY OF LOS ANGELES )
I, Suzie Abajian PhD, City Clerk of the City of Glendale, hereby certify that the foregoing Resolution No. _______________ was adopted by a majority vote of the Council of the City of Glendale, California, at a regular meeting held on the ______ day of ______________________, 2024, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________
City Clerk
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24-86989
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Professional Services Agreement for the Development and Implementation of the Street Furniture Program
1) Motion authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Gobis & Company, LLC, for consulting services to develop and implement a Bus Shelter and Transit Bus Advertising Program, in a not-to-exceed amount of $61,150.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for December 10, 2024 calendar
EXECUTIVE SUMMARY
In 2006, the City Council approved a license agreement with Outfront Decaux Street Furniture Inc. to provide bus shelters and maintenance for 70 bus shelters and share in the advertising revenue generated at the bus shelters and on Beeline buses. The contract is expiring, and a new license agreement is needed to continue to provide bus shelters and generate funding for Beeline operations. Gobis & Company, LLC (Gobis), a consulting firm specializing in sidewalk and transit amenities, proposes a comprehensive plan that includes preparing a request for proposal, and evaluation of proposals to select the option that provides the most bus shelters and generates the most revenue. The Professional Services Agreement (PSA) with Gobis will support Glendale’s vision and City’s goals of improving its public transit experience. Staff is requesting City Council approval of the recommended PSA in light of two other, active contracts between the City and Gobis, the total NTE amount of which is $129,350.
RECOMMENDATION
Pass a motion authorizing the City Manager or a designee to execute a PSA with Gobis for the City’s Street Furniture Program in the not-to-exceed amount of $61,150.
ANALYSIS
In 2005, the City identified several revenue-generating strategies, including entering into an agreement with a private marketing firm to install bus shelters in the City of Glendale featuring advertising panels. The selected firm installs attractive bus shelters in specified locations at no cost to the City. In addition, the City is paid a set annual amount, a 25 of 192
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percentage of all advertising revenue, or a combination of both. The firm also sells advertising on Beeline buses and provides a percentage of revenue applied to Beeline operations.
In 2006, the City Council approved a license agreement with Outfront Decaux Street Furniture Inc., to provide 70 bus shelters and maintenance and share in the advertising revenue generated at the bus shelters and on Beeline buses. The contract is expiring, and a new license agreement is needed to continue providing bus shelters and generating funding for Beeline operations.
On September 21, 2021, City Council directed staff to survey Beeline bus stops to add shelter, shade, and bus amenities at Beeline bus stops. The Bus Stop Improvement Program (BSIP) Request for Proposal issued on October 2022, included the following tasks; inventory existing Beeline bus stops, update the existing bus stop database, conduct a multilingual rider survey and host two focus groups, and compile a catalog of commercially available bus stop amenities. The recommendations of the BSIP are to be applied to both the non-advertising and advertising bus shelters.
Glendale’s current advertising bus shelter program, maintained under a contract with Outfront Media, will soon expire. This program supports 116 shelters, though City studies indicate that additional shade solutions are needed for over 50% of stops due to low ridership, space constraints, and ADA requirements. Given the City’s growth and the increased focus on outdoor and transit-friendly spaces, the Street Furniture Program will include shelters, benches, shade structures, recycling stations, and Wi-Fi-enabled real- time displays to support an improved transit experience and encourage public transit usage.
Gobis, selected for its experience with a similar program in Los Angeles, will provide expertise in expanding Glendale’s street furniture and securing revenue-sharing arrangements favorable to the City.
Gobis will collaborate with the City to create a community-centric program that supports public transit, active mobility, and neighborhood aesthetics. Gobis will assist with program vision and goal setting, Request for Proposal (RFP) development, RFP marketing, proposal evaluation, and negotiation support ensuring a fair revenue-sharing structure and equitable program distribution.
Staff is requesting City Council approval because the recommended PSA is the third contract into which the City will have entered with Gobis over the past three years. In 2022, the City contracted with Gobis in a NTE amount of $30,000 for as-needed consulting services, including development and implementation of advanced fare, parking and toll payment systems using mobile payments, open payments, smart card and radio frequency technologies. In 2023, the City contracted with Gobis in a NTE amount of $99,350 to support the development and implementation of the Climate Mobility and Safety Application. Together with the recommended PSA, the cumulative NTE amount of the active and pending contracts with Gobis will be $190,500, subject to amendment. 26 of 192
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STAKEHOLDERS/OUTREACH
The intent of the proposed PSA is to develop a plan for the future of the City’s Bus Shelter and Transit Bus Advertising Program. Gobis will be expected to complete outreach and negotiations with eligible firms to ensure the most advantageous revenue-sharing program.
FISCAL IMPACT
The Professional Services Agreement with Gobis & Company, LLC, for consulting services to develop and implement a Bus Shelter and Transit Bus Advertising Program will cost $61,150, which was approved 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:
Existing Appropriation
Amount Account String Funding Source
$61,150 43110-2580-PWD-7533-P0000 Transit Utility Fund
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines section 15378(a). Even if it is a “project,” the action being considered is categorically exempt from CEQA pursuant to CEQA Guidelines section 15306 as it consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. Moreover, it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) as the activity will not result in a direct or 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 2, in accordance with the City Campaign Finance Ordinance No. 5744.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: The City Council may reject the motion to enter into a PSA with Gobis and direct staff to seek new proposals. This may delay the Street Furniture Program implementation.
Alternative 2: The City Council may direct staff to explore in-house program development, though this would require additional resources and expertise not currently available. 27 of 192
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ADMINISTRATIVE ACTION
Submitted by:
Daniel Hernandez, Director of Public Works
Prepared by:
Martha D'Andrea, Transit Manager
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Gobis Proposal
Exhibit 2: Campaign Finance Disclosure Form
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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 their designee, to execute a Professional Services Agreement with Gobis & Company, LLC., for consulting services to develop and implement a Bus Shelter and Transit Bus Advertising Program, in a not-to-exceed amount of $61,150.
Votes as follows:
Ayes:
Noes:
Absent:
Abstain:
City Clerk
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August 20, 2024 Martha Melendez D’Andrea, Transit Manager City of Glendale Beeline Department of Public Works-Transit Division 1759 Gardena Ave. Glendale, CA 91204 RE: Scope of Services for Street Furniture Program Consulting Via email only Dear Ms. Melendez D’Andrea: Street furniture received little attention for decades as shelters, benches, and kiosks were just elements in the public realm that most of the public overlooked unless they rode public transit. The changes in lifestyles that resulted from the pandemic, the advent of the “15-Minute City” concept, and the deployment of technology in the public realm that improve the quality of life have given street furniture a more significant role in shaping city life in 2024. Gobis & Co. (Gobis) has developed and helped implement street furniture programs that enhance the experience for transit riders as well as the users of active transportation, increase commerce, deploy useful technology, ensure equitable distribution of program elements, and return a ‘fairer’ share of program revenues to our public sector clients. With this proposal, Gobis offers a Scope of Work to develop and implement an enhanced street furniture program for the City of Glendale. In Gobis’ most recent work, it has transformed street furniture programs in Los Angeles and Vancouver, British Columbia into movements that are much more than just providing shelter for transit riders. These two programs are making public spaces vibrant, inclusive, and safe offering transit riders and the public functional furniture that provides shelter, shade, safety, and comfort. In the process, Gobis has changed the revenue model to benefit the municipal partner rather than favoring the out of home advertising partner. We intend to have the same success in Glendale. We thank you for this opportunity, John Gobis Melissa Pattavina Attachment 30 of 192
CITY OF GLENDALE - DEPARTMENT OF PUBLIC WORKS TRANSIT DIVISION Scope of Services: Street Furniture Program Services UNDERSTANDING OF THE PROJECT The City of Glendale provides bus shelters to the riders of Beeline. There are currently 116 bus stops with shelters in Glendale, 70 of which were installed by the City’s current Out of Home Advertising contractor, Outfront Media. A 2017 survey completed by the City of Glendale showed the potential for another 117 bus shelters. Out of that total, only around 20% of the bus stops have 50 or more daily boardings and 60% have less than 50 daily boardings. Placing shelters where there is less than 50 daily boardings isn’t economical as all street furniture requires regular maintenance. Locations with less than 50 daily boardings may be candidates for other forms of street furniture that could provide some form of shade and can perhaps be supported by advertising. That same report referenced a 2015 UCLA study which found that the numbers of days that air temperatures exceeded 95 would triple by 2050. Adding more street furniture elements including a smaller structure designed to provide shade from the sun would be a possible solution to the large number of locations that do not have sufficient daily boardings to justify a shelter. Smaller shade structures can also be designed for narrow sidewalks and areas with limited space to comply with the Americans with Disabilities Act (ADA) whereas typical transit shelters would not meet ADA requirements if they can even be installed in constrained space. In light of the number of locations with lower daily boardings and to take advantage of changes in lifestyles resulting from the pandemic, Gobis recommends that Glendale consider expanding the elements in its new street furniture program to include smaller shade structures, benches, urban panels, pillars, ePaper screens, and parklets. Glendale is experiencing a surge in retail growth which would benefit an expanded street furniture program in these ways: • Additional Revenue: Location based advertising has been one of the best performing forms of out of home advertising. This is evidenced by Caruso Properties which operates its own network of digital out of home branded as Caruso Digital Networks in Glendale. • Improved Use of the Public Realm: An expanded inventory of street furniture and a more functional inventory of program elements can encourage more residents to walk and use transit while resulting in greater social interaction. For example, placing pillars in downtown Glendale’s retail center and the Montrose Shopping area would provide wayfinding for shoppers and provide an attractive advertising opportunity for local merchants. The primary goal of Glendale’s street furniture program is to enhance the Beeline rider experience by adding elements such as ePaper screens that present real-time information and shade structures to provide protection from the sun and heat at stops not suitable for a full shelter. These enhancements will increase the loyalty of current Beeline riders and lure new riders to the service. From Gobis’ experience in building street furniture programs in Los Angeles and Vancouver we are keenly aware of the ability of street furniture programs to respond to environmental issues, especially the Urban Heat Island problem and equity 31 of 192
requirements. We are confident that our work will result in a street furniture program that is visionary and self-sustaining for the City of Glendale. SCOPE OF WORK Gobis proposes a Scope of Work that supports the City of Glendale from the visioning of a Street Furniture Program to the development of the Request for Proposals to the negotiation of the resulting agreement. It has been our experience in negotiating transit advertising, billboard and street furniture agreements for public sector agencies that best written Request for Proposals can still be interpreted to the benefit of the contractor during negotiations. We negotiate agreements that definitively place control of important programs decisions like the number and location of program elements in our clients’ hands. Our strategies also ensure that program revenues get shared fairly with our clients, after all the City of Glendale is giving the contractor valuable access to the public realm. Task 1 - Vision and Goals for the Program We believe that street furniture can improve the quality of life in Glendale. The primary goals of the program are always to provide shelter, shade, and a safe place for Beeline riders, pedestrians, and those using active transportation. Gobis would recommend that the City of Glendale consider a vision for its street furniture program that not only supports the use of Beeline service but supports shared and active mobility, fosters economic activity, and strengthens neighborhoods. In the process, an expanded program will provide greater revenues to enable the program to sustain itself and grow in functionality. Gobis is recommending that the City of Glendale consider the potential of adding other street furniture elements to its program. The core elements of the program would be: ! Shelters ! ePaper real time displays ! Litter and recycling receptacles ! Benches Additional elements for consideration would be: ! Shade structures ! Pillars (at/near retail centers) ! Hydration stations ! Wi-Fi ! Urban Panels (Separate from shelters) ! Public art and features that reflect community and/or architectural history Gobis would also suggest that the City of Glendale determine if lockers for 5G deployment have potential in the city. In Los Angeles, Vancouver and elsewhere, Gobis is advising public sector clients to explore the potential of deploying or maintaining 5G infrastructure needed by telecommunications providers to implement 5G service. There are firms that can conclude market assessments of the potential of using shelters and other street furniture elements for the storage of radio nodes, antennas, and other hardware, free of charge to the City of Glendale. Annual fees for providing such storage range from $1,000 to $3,000 per location annually. In addition, allowing for the storage of these devices on public property can be accompanied by agreements with the telcos to provide preference to municipal communications needs. 32 of 192
The expiration of the current shelter contract provides the City of Glendale with the opportunity to explore these options prior to the development of the Request for Proposals. The program that results from that RFP should be more functional and adaptable to changes in lifestyles, in technology, and in the advertising marketplace. Gobis believes that expanding the current street furniture program beyond shelters would benefit the City of Glendale in multiple ways described throughout this Scope of Work. Task 2 - Develop the Request for Proposals Gobis would develop a Request for Proposals (RFP) based upon the activities in Task 1 which will identify the City’s vision and goals for its street furniture program. The RFP would be organized as follows: ! Introduction/Intent of the Proposal ! Procurement Schedule ! Summary of the Program (vision, goals, transition requirements, ownership, advertising rights & policy) ! Summary of the Existing Shelter Program (current inventory, historic program revenue) ! Scope of Services (transition, maintenance of existing shelters, new program elements, installation) ! Advertising Sales (business & sales plans, ad rates, city’s ad space, public service programs.) ! Required Compliance ! Proposal Requirements ! Proof of Financial Capability ! Price Proposal (minimum annual guarantee and/or revenue share, cost of maintenance and capital) ! Proposal Evaluation and Award ! Term and Conditions ! Contractor Performance ! End of Contract Conditions and responsibilities ! Audits Gobis will work collaboratively with the City of Glendale to ensure that the RFP meets the City’s own procurement requirements. Task 3 - Marketing of the RFP Gobis maintains an extensive list of providers of Out of Home Advertising services worldwide as we are continuously developing and issuing RFPs for cities, airports, regional transportation agencies, economic development agencies, and others. We will provide that list to the City of Glendale to ensure that the Out of Home industry is aware of the Glendale RFP. We will also use our contacts within the out of home advertising industry to raise awareness of the opportunity among providers of street furniture programs (Clear Channel, JC Decaux, Outfront, Lamar, Tranzito-Vector, Insite Media, Interstate Outdoor, etc.). Glendale is a small component of the large Los Angeles Designated Market Area however the economic vitality of Glendale makes the city attractive for location-based, new product launch, movie and online entertainment, and local merchant advertising. All of the major Out of Home organizations previously 33 of 192
mentioned have significant operations in the Los Angeles Market, as a result the Glendale inventory would be straightforward to manage. Task 4 - Proposal Evaluation Gobis will assist the City of Glendale evaluating the proposals submitted in response to the RFP by providing comparative and market analyses. In 2023, $8.7 billion was spent on out of home advertising in the United States. Of that number, over $750 million was spent in Los Angeles County alone. Gobis provides the technical knowledge of the working of the out of home industry that unlocks those secrets that the industry attempts to conceal from public sector clients who rightfully want an increasing share of the revenues generated from out of home advertising in the public realm. Our knowledge of how the industry works is informed by our experience in advising cities, airports, economic development agencies, port authorities, toll roads, and transit agencies on the quality and the authenticity of proposal submissions. We stay up to date with not only the financial performance of the industry but with industry best practice in the sales of advertising space, the maintenance of out of home advertising structures and devices, and how technology can be used to diversify the base of advertisers using out of home advertising. Task 5 - Negotiations Support Over the past decade we have assisted multiple public sector agencies in their negotiations resulting in contracts that put our clients in control of their out of home advertising programs and captured a ‘fairer’ share of program revenues. In those negotiations we have attained significant increases in the share of program revenues for our clients. In Boston we increased the Massachusetts Bay Transportation Authority’s revenue share to an industry high of 70%. Our negotiating prowess raised the percentage of revenue that the City of Los Angeles receives from its street furniture program from 20% of gross revenues to 60.5%. It is not only the revenue return that is important to our clients, but also holding the contractors ‘feet to the fire’ regarding equitable distribution of program elements, responding to the needs of the cultural requests of neighborhoods in which street furniture is located and, perhaps most importantly, to work collaboratively and transparently with our clients. Often out of home companies have been reluctant to provide the data necessary to evaluate their performance alluding to confidentiality however Gobis has successfully refuted these claims. Our goal in negotiations is to establish a climate of trust between our clients and the selected contractor resulting in a true business partnership that benefits both parties. 34 of 192
Employee J. Gobis M. Pattavina
Fully Burdened Hourly Rate $195 $95
40 40 80 $11,600
100 100 200 $29,000
30 20 50 $7,750
60 60 120 $4,800
50 30 80 $8,000
280 250 530 $61,150
Expenses Description
n/a n/a $0
$0
$61,150
Total Cost
per Task
City of Glendale Street
Furniture Program
LABOR TOTALS
GRAND TOTAL
Gobis & Co. Proposal for
Task 1 Vision and Goals for the Program
Task 2 Develop the Request for Proposals
EXPENSE TOTALS
Total Hours
Task 3 Marketing of the RFP
Task 4 Proposal Evaluation
Task 5 Negotiations Support
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Docusign Envelope ID: 50C2DF9D-3389-4FC3-B1A0-D520620A09EE City of Glendale
DISCLOSURE - CAMPAIGN FINANCE ORDINANCE
The City Council adopted Ordinance No. 5744, “Campaign Finance Ordinance,” which became effective on September 9, 2011, and amended it with Ordinance No. 5768, which became effective on March 15, 2012 (“the Ordinance”). The Ordinance prohibits: (1) A contractor* (including a subcontractor**)― who has a contract with the City of Glendale (“City”), Economic Development Department (“EDD”), or the Housing Authority of the City of Glendale (“HA”) and that contract is subject to approval by the City Council, EDD, or HA― from making a contribution to a City Council member, EDD member, HA member, City Clerk, or City Treasurer; and (2) Council members, EDD members, and HA members from voting on matters concerning a contract with a person who has provided a campaign contribution.
The Ordinance applies to a contractor whose contract requires the City Council’s, EDD's, or HA’s approval. A contract with the City, EDD, or HA is known as a “City Contract.” The Ordinance also applies to a subcontractor who has a subcontract through a City Contract. The Ordinance excludes a competitively bid contract awarded to the lowest responsible bidder.
To assist members of the City Council, EDD, and HA before they vote on a matter regarding a City Contract, the Ordinance requires City staff to prepare this report which discloses certain information about: the contractor receiving the City Contract, and the subcontractor(s) working under the City Contract.
A contractor must provide the information listed below when: A subcontractor must provide the information listed below when:
• • The subcontract through a City Contract has a total anticipated or actual value of $25,000 or more; or
The City Contract has a total anticipated or actual value of $50,000 or more; or contract awarded to the lowest responsible bidder.
• A combination or series of City Contracts have a value of $50,000 or more. • A combination or series of subcontracts, for the same or different projects, have an aggregate value of $25,000 or
more. Information that must be disclosed: ● Name of the person, entity, or organization (i.e., the Contractor or Subcontractor) ● Name of the Chief Executive Officer/President
● Chief Operating Officer
● Chief Financial Officer
● Chairperson
● All members of the Board of Directors
● All persons who own more than 10% of the person, entity, or organization ● Name of any campaign committee owned or controlled by the person, entity, or organization Please complete the following disclosure form:
Contractor(s)*:
Name Address
City
Gobis & Company LLC
Full Name
54 Prospect Hill St., Newport, RI 02840
Title Business Address State Zip
John Nicholas Gobis Chairperson 54 Prospect Hill St. Newport RI 02840 Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
* “Contractor” is the person, entity, or organization that is the party, or prospective party, to the contract with the City, EDD, or HA or any member of that person’s, entity’s, or organization’s Board of Directors, its Chairperson, Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in that person, entity, or organization, and any campaign committee that is owned or controlled by that person, entity, or organization. Above please disclose these persons’ name and business address. 36 of 192
Docusign Envelope ID: 50C2DF9D-3389-4FC3-B1A0-D520620A09EE Subcontractor(s)**:
Name Address
City
N/A
Full Name Title Business Address State Zip
Chairperson
Chief Executive Officer / President
Chief Operating Officer
Chief Financial Officer
Board of Directors
More than 10% interest owner
** “Subcontractor” is the person, entity, or organization that has entered into a contract for the performance of all or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or general or prime contract, usually by a general or prime contractor. Subcontractor includes any member of that person’s, entity’s, or organization’s Board of Directors, its Chairperson, Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, any person with an ownership interest of more than ten percent (10%) in that person, entity, or organization, and any campaign committee that is owned or controlled by that person, entity, or organization. Above please disclose these persons’ name and business address.
Campaign Committee owned or controlled by: N/A
Title Business Address City State Zip
CERTIFICATION
On behalf of the above-named Contractor Subcontractor:
• I acknowledge that I have a continuing obligation to update this disclosure form if I substitute― or if I select additional― architects, design professionals, contractors, or subcontractors within ten (10) days of the selection or change; and • I hereby certify that:
ꢀ
ꢀ
ꢀ
I have identified all persons for which the Ordinance requires disclosure; The information in this disclosure form (and any attachment to this form) is true, accurate, correct, and complete; and I have been legally authorized to submit this disclosure form.
In total, this disclosure form (including attachments) is two pages.
Executed on: October 28 , 20 24 , at: Newport, Rhode Island via Docusign John Nicholas Gobis
, California.
Signature: Print Full Name:
Address: 54 Prospect Hill St., Newport, RI 02840
Phone Number: 401-742-4927 E-mail Address: [email protected] Rev. 6/7/12 J:\FILES\DOCFILES\ORD\CAMPAIGN CONTRIBUTION\DISCLOSURE FORM – CONTRACTOR – 6-7-12.doc 37 of 192
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Execution of Transfer Agreement between the City of Glendale and Los Angeles County Flood Control District, Agreement No. 2020RPULAR10, Safe, Clean Water Program - Regional Program
1) Motion Authorizing the City Manager or a designee to enter into a Transfer Agreement between the City of Glendale and Los Angeles County Flood Control District, Agreement No. 2023RPULAR06, Safe, Clean Water Program – Regional Program, for the California Avenue and Adjacent Streets Stormwater Capture Project.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for December 10, 2024 calendar
EXECUTIVE SUMMARY
The Safe, Clean Water Program, approved in November 2018, aims to improve water quality and supply in Los Angeles County through a parcel tax on impermeable surfaces. The program splits revenue into two components: the Municipal Program, which allocates 40% of funds directly to cities for local use, and the Regional Program, distributing 50% of funds via a competitive process. Glendale secured $3,000,000 under the regional Program for the California Avenue and Adjacent Streets Stormwater Capture Project.
After construction, this project will enhance water and air quality in the project neighborhood and supporting compliance with MS4 permit requirements. This project includes drywells and bioswales with nature-based solutions, aligning with program goals. Public Works Department (PWD) will engage local stakeholders during the design phase and seek City Council approval for construction.
RECOMMENDATION
Approve the Motion authorizing the city to enter into a Transfer Agreement with the Los Angeles County Flood Control District, Agreement No. 2023RPULAR06 Safe, Clean Water Program – Regional Program.
ANALYSIS
The Safe, Clean Water Program was passed with more than 2/3 of the vote on the November 2018 ballot. The program assesses a parcel tax of 2.5 cents per square foot of impermeable surface on each property in Los Angeles County, subject to reductions as provided for in the 38 of 192
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credit program and exemptions for parcels owned by qualifying low-income seniors.
The mission of the Safe, Clean Water Program is to increase stormwater and urban runoff capture and to reduce stormwater and urban runoff pollution as well as providing benefits to the water supply, water quality, and community investment. This program consists of two components, the Municipal Program and the Regional Program.
The main difference between the two programs is the allocated revenue received: 40% of the funding received from the Safe, Clean Water Program is allocated to cities as local return with maximum flexibility annually under the Municipal Program and 50% of the funding received is available through a competitive Call for Projects application basis annually under the Regional Program. The remaining 10% of the revenue received is for general administration and consulting support.
For the Regional Program, PWD participated in the 2022 annual Call for Projects application amongst different municipal agencies in the City of Los Angeles region. The Public Works Department (PWD) presented The California Avenue and Adjacent Streets Stormwater Capture Project to the Upper Los Angeles River (ULAR) Steering Committee which is comprised of representatives from all of the agencies in the region and was selected for inclusion in the ULAR Stormwater Investment Plan for the total project cost of $3,000,000.
To receive the funding, the City has to enter into a Transfer Agreement with the Los Angeles County Flood Control District.
The project consists of 24 drywell and 24 bioswale installations, all which contain heavy natured based solutions. Upon completion of the design, the project plans and specifications will be presented to the City Council to receive the authorization to advertise for bids for the construction phase of the project.
STAKEHOLDERS/OUTREACH
The California Avenue and Adjacent Streets Stormwater Capture Project is located entirely within a disadvantaged community where it will help improve the water and air quality of that community and help the city comply with annual MS4 permit requirements. This project will capture the vision and goals of the Safe Clean Water Act, which are to: Capture It, Clean It, Make It safe, and Make it for Everyone.
During the Design process, PWD staff will present the project to the residents, businesses, and property owners within the project vicinity to solicit public input on the locations and the design. Furthermore, outreach for this project will be made through a dedicated website. The website introduces the public to the project and the project team, explains the scope of work and project locations, highlights the project phase, and provides the public with staff contact information for questions, discussions, and/or input.
FISCAL IMPACT
There is no fiscal impact associated with this report. Funding from this transfer agreement provides the City of Glendale with the ability to implement the California Avenue and Adjacent Streets Stormwater Capture Project to meet the goals of the Safe, Clean Water Program. Staff will return to Council to request a resolution of appropriation for the received funds after the agreement has been fully executed and staff is ready to begin the project. 39 of 192
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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 attached Motion. The City of Glendale will not be able to receive funding from the Safe, Clean Water Regional Program.
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:
Marc David, Senior Project Manager
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Transfer Agreement between The Los Angeles County Flood Control District and Glendale Agreement No. 2023RPULAR06 Safe, Clean Water Program – Regional Program.
Exhibit 2: Project Location Map for The California Avenue and Adjacent Streets Stormwater Capture Project
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2 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 Transfer Agreement No. 2023RPULAR06, and any amendments thereto, with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Regional Program.
Vote as Follows:
Ayes:
Noes:
Absent:
Abstain:
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THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of Glendale
AGREEMENT NO. 2023RPULAR06
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of _______________ (LACFCD Use Only) by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Glendale for California Avenue and Adjacent Streets Stormwater Capture Project, hereinafter referred to as "Recipient."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program;
WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors;
WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Activity Completion” means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right-of-Way a separate use and maintenance agreement is required. “Activity Costs” means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A.
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Budget Plan” means a Recipient’s plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Funded Activity” means the Infrastructure Program Project, or Scientific Study described in Exhibit A – Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. “Safe Clean Water (SCW) Program Contribution” means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan. “Year” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement.
Regional Program
Agreement No.2023RPULAR06
EXHIBIT 1
EXHIBIT 1
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Los Angeles County Flood Control District Recipient:
Name: Haris Harouny Name: N/A
Address: 11th Floor, PO Box 1460,
Alhambra, CA 91802-1460
Address: N/A
Phone: (626) 300-2620 Phone: N/A
Email: [email protected] Email: N/A
Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – SCOPE OF WORK
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – SPECIAL CONDITIONS
EXHIBIT D – ADDENDUM TO AGREEMENT
EXHIBIT E – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT F – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. ACTIVITY COMPLETION
A. The Recipient shall implement and complete the Funded Activity in accordance with the work schedule described in Exhibit A,
B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code.
C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions.
V. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY
A. The District shall disburse the SCW Program Contribution for the 23-24 Fiscal Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45-days of the execution of this Agreement by the last party to sign.
B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 23-24 Fiscal Year unless the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.
E. The Recipient shall submit the scope of work described in Exhibit A 45-days after receipt of this Agreement. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, subsequent Exhibit A – Scope of Work will be required 45-days after receipt of the addendum to this Agreement.
VI. Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
Regional Program
Agreement No.2023RPULAR06
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The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non- facsimile/electronic) transmission of “original” versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.
Regional Program
Agreement No.2023RPULAR06
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Upper Los Angeles River
City of Glendale
California Avenue and Adjacent Streets Stormwater Capture Project By: ____________________________________
Name:
Title:
Date: __________________________________
Regional Program
Agreement No.2023RPULAR06
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name: Matthew Frary
Title: Assistant Deputy Director
Date: __________________________________
Regional Program
Agreement No.2023RPULAR06
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EXHIBIT A – SCOPE OF WORK
A-1. Budget Plan
The Recipient shall submit a detailed Budget Plan for all eligible expenditures for all phases and tasks included in the work schedule for the Funded Activity. The Recipient shall include a summary of leveraged funds and in-kind services for the Funded Activity. For a Funded Activity that will be performed over more than one Fiscal Year, the Budget Plan must clearly identify the amount of SCW Program Contribution for each Fiscal Year.
A-2. Consistent with SCW Program Goals
By signing this Agreement, the Recipient shall provide certification that the Budget Plan is consistent with SCW Program Goals as described in Chapter 18.04 of the Code.
The Recipient shall include a summary of how the identified SCW Program Goals are expected to be achieved through the Funded Activity, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-3. Estimated Reasonable Total Activity Cost
The Recipient shall submit a detailed estimate total Activity Cost for all phases and tasks included in the work schedule for the Funded Activity.
A-4. Funded Activity Description and Scope of Work
The Recipient shall provide a general description of the Funded Activity and a detailed scope of work. The scope of work may include:
1. Project Management, including required reporting
2. General Compliance Requirements/Project Effectiveness and Performance
3. Permitting and Environmental Compliance
4. Planning, Design, and Engineering
5. Stakeholder and Community Outreach/Engagement Activities
6. Right of Way Acquisition
7. Construction and Implementation
8. Operation and Maintenance
A-5. Operations and Maintenance (O&M) Plan
Where the Funded Activity is an Infrastructure Program Project, the Recipient shall submit a plan describing the activities that are expected to be necessary to perform O&M for the Infrastructure Program Project to ensure it remains in good working order throughout the useful life of the Infrastructure Program Project using SCW Program Contributions. The O&M plan shall address the activities described in Exhibit F to the greatest extent feasible and in as much detail as possible based on the completeness of the Project design and construction. The Recipient shall update the O&M plan in connection with each Addenda until completion of the Infrastructure Program Project and the submittal of a final O&M plan.
The Recipient shall specifically identify the entity that will be performing the O&M for the lifetime of the Project. If this is not the Recipient, the Recipient shall submit a letter of commitment from the entity that will be performing the O&M (See Exhibit F, for example activities). The letter of commitment shall include details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services.
The Recipient may elect to request the local Municipality or District to provide O&M for the useful life of the Infrastructure Program Project using SCW Program Contributions. If the Recipient does not elect to seek the District’s services or if the District is unable to provide the services as requested, the Recipient shall include in the letter of commitment reference to the above details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services.
A-6. Post-Construction Monitoring
Where the Funded Activity is an Infrastructure Program Project, stormwater quality monitoring data shall be collected and reported in a manner consistent with the SWRCB database, the CEDEN for a period of three years. The Recipient shall submit a post-construction monitoring plan when the design phase is complete. The post-construction monitoring plan will evaluate the effectiveness of stormwater treatment facilities and include the project description; quality objectives; sampling design; sampling procedures; quality control; data management verification, and reporting; data quality assessment; and data analysis procedures.
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A-7. Sustainability Rating
Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, the Recipient shall submit the final score and Envision award level.
A-8. Stakeholder and Community Outreach/Engagement Plan The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan for Infrastructure Program Projects and include a discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. The plan shall, at a minimum include:
1. Community outreach activities to provide information to residents and information about upcoming meetings or other engagement activity event is scheduled. Outreach methods used should be appropriate in scale and type to the community being served. Outreach methods include but are not limited to: Online Media Outreach (email blasts, social media, publication on a website) Local Media Outreach (newsletters, local and regional newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking, surveys and focus groups, and distribution of flyers or other printed materials). The District will support outreach efforts through web-based platforms if requested at least four weeks prior to the requested publish date. The District should be included in all social media outreach and notified of all meetings and other engagement events.
2. Community engagement activities solicit, address and seek input from community members for Funded Activities.
These events may occur as part of any public meeting with multiple agenda items such as council, commission or committee meetings where public input is invited; or at festivals, fairs, or open houses where a table or booth may be set up.
3. Stakeholder and Community Outreach/Engagement Plan requirements:
Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction.
Infrastructure Program Project
Funds
Required Activity 1 Required Activity 2
Up to $2 M Outreach or Engagement
Up to $10 M Outreach ≥1 Engagement
Over $10 M Outreach ≥ 2 Engagements
4. If the Funded Activity is for the O&M of an Infrastructure Program Project Stakeholder and Community Outreach/Engagement Plan activities should occur biennially to remind communities of the SCW Program Contribution.
5. Activities and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Activity will be fully subject to and comply with any County-wide displacement policies as well as with any specific anti-displacement requirements associated with other funding sources.
A-9. Tracking Infrastructure Program Project Benefits
The Recipient shall submit an overview of the benefits achieved upon the Activity Completion. SOW shall include quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-10. Work Schedule and Completion Date
The Recipient shall submit a detailed schedule, including start and completion dates for all phases and tasks of the scope of work for the Funded Activity. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must clearly identify the phases and tasks that will be performed in each Fiscal Year.
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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Contributions distributed to the Recipient shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCW Program.
2. The Recipient shall not be entitled to interest earned on undisbursed SCW Program Contributions; interest earned prior to disbursement is property of the District.
3. The Recipient shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Recipient shall be strictly accountable for all funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient.
B-2. Acknowledgement of Credit and Signage
The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activity or using any data and/or information developed under this Agreement. When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project site(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
B-3. Acquisition of Real Property – Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.
Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B-5. Assignment
The Recipient will not assign this Agreement without the prior consent of the District.
B-6. Audit and Recordkeeping
1. The Recipient shall retain for a period of seven (7) years after Activity Completion, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Contributions. The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures.
2. The Recipient is responsible for obtaining an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applicable to the Recipient contained in chapters 16 and 18 of the Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shall be funded with Regional Program funds.
3. Recipient shall file a copy of the Activity Completion audit report with the District by the end of the ninth (9th) month from Activity Completion. Recipient shall file a copy of all interim audit reports by the ninth (9th) month Regional Program
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from the end of each three (3) year period. Audit reports shall be posted on the District’s publicly accessible website.
End-of-Activity Every Third Fiscal Year
Projected End
Date
Audit Report Due to
District
SIP Fiscal
Year
Audit Period Audit Report Due to
District
1/15/2025 No later than 10/31/2025 2023-24 7/1/2023 to
6/30/2026
No later than 3/31/2027
4. Upon reasonable advanced request, the Recipient shall permit the Chief Engineer, at the District's cost and expense, to examine the Funded Activity. The Recipient shall permit the authorized District representative, including the Auditor-Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.
If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District.
B-7. Availability of Funds
District’s obligation to disburse the SCW Program Contribution is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Recipient to reflect the reduced amount.
1. The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed from other funding sources.
2. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Completion of Funded Activity by the Recipient
The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable.
B-11. Compliance with Law, Regulations, etc.
The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable Regional Program
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County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code.
B-12. Competitive Bidding and Procurements
The Recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting#@ViewBag.JumpTo B-13. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the Project.
B-14. Default Provisions
The Recipient will be in default under this Agreement under any of the following circumstances:
1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement;
2. The Recipient materially breaches this Agreement or any addendum, including but not limited to:
a. Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c. Fails to remain in Good Standing (see Section B-34, below). d. The Recipient fails to maintain reasonable progress toward SCW Program Goals as described in Section
18.04 of the Code, following an opportunity to cure.
e. The Recipient fails to maintain reasonable progress toward Project Completion. f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement.
g. Inappropriate use of SCW Program Contributions, as deemed by the District Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the date the notice is sent via first-class mail to the Recipient. If the Recipient fails to cure the default within the time prescribed by the District, the District may do any of the following:
1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default.
2. Terminate any obligation to make future payments to the Recipient.
3. Terminate the Agreement.
4. Take any other action that it deems necessary to protect its interests.
The Recipient shall not be in default under this Agreement as a result of any breach of this Agreement by the Recipient that is the direct result of the District’s failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providing the Recipient with a written notice of termination. If this Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Activity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect.
B-15. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.
All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Recipient.
SCW Program Contributions shall not be used to pay for any costs of the mediation.
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The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.
B-16. Final Inspection and Certification of Registered Professional Where the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Recipient shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.
Where the Funded Activity is an Infrastructure Program Project, upon completion of the Project, the Recipient shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.
B-17. Force Majeure.
In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
B-18. Funded Activity Access
When the Funded Activity involves an Infrastructure Program Project the Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion.
B-19. Funding Considerations and Exclusions
1. All expenditures of the SCW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.
2. SCW Program Contributions shall not be used in connection with any Funded Activity implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
Recipient certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the Los Angeles Regional Water Quality Control Board unless, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
B-20. Indemnification
The Recipient shall indemnify, defend and hold harmless the District and their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the Recipient, its officers, employees, agents, or subconsultants or contractors in conjunction with Recipient’s performance under or pursuant to this Agreement, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage.
B-21. Independent Actor
The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.
The Recipient shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)
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B-22. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.
B-23. Lapsed Funds
1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Recipient.
2. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality or Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Recipient’s control, then the Recipient may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.
Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception.
7. Example:
Fiscal Year Transferred
Funds Lapse After Extension Request Due Commit By
2023–24 6/30/2029 No later than 3/31/2029 No later than 6/30/2030 B-24. Modification
This Agreement may be amended or modified only by mutual written consent of the Board and Recipient.
B-25. Non-Discrimination
The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non- discrimination in employment and equal employment opportunity.
B-26. No Obligation of the District
The District will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no further obligation, other than to transfer the funds, with respect to the Funded Activity itself.
B-27. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-28. Notice
1. The Recipient shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Recipient; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Recipient shall notify the District promptly of the following:
a. Any significant deviation from in the submitted scope of the Funded Activity for the current Fiscal Year, including discussion of any major changes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity. Under no circumstances may the Recipient make changes to the scope of the Funded Activity without receiving prior approval. b. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a Regional Program
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period of thirty (30) days or more;
c. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Activity Completion;
d. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. When the District is acting as the Lead Agency under CEQA for the Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actions as directed by the District;
e. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District;
f. Activity completion.
B-29. Public Records
The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.
B-30. Recipient’s Responsibility for Work
The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The District will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.
B-31. Related Litigation
The Recipient is prohibited from using the SCW Program Contribution to pay costs associated with any litigation described in Section 16.05.A.3. of the Code. Regardless of whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all the SCW Program Contribution plus interest to the District.
B-32. Remaining Balance
In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity, Recipient shall promptly return the unspent SCW Program Contribution to the District.
B-33. Reporting
The Recipient shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available.
1. Quarterly Progress/Expenditure Reports. The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within forty-five (45) days following the end of the calendar quarter (March, June, September, and December) to the District. The Quarterly Progress/Expenditure Reports shall be posted on the District’s publicly accessible website. The Quarterly Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Percent overall Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding metrics; f. Identification of any phases or tasks of the scope of work that were scheduled to be started or completed during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of lessons learned;
g. Scheduling concerns and issues encountered that may delay completion of the task; h. Work anticipated for the next reporting period;
i. Any anticipated schedule or budget modifications;
j. Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site that may be used on the publicly accessible District website) of the phases or Regional Program
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tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project-related information as required by the District; l. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A; m. Status of Recipient’s insurance; and
n. Description of post-performance for each completed infrastructure project is required after the first operational year and for a total of three years after the project begins operation. Post-performance reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and providing intended benefits as proposed. A post-performance template will be provided by the District.
2. Quarterly Progress/Expenditure Reports shall be submitted to the District Program Manager no later than forty-five days following the end of the calendar quarter as follows:
Quarter
End of Quarter Report Due
First Quarter September 15 November
Second Quarter December 15 February
Third Quarter March 15 May
Fourth Quarter June 15 August
3. Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year’s Quarterly Progress/Expenditure Reports by the Recipient.
The summary report shall be submitted six (6) months after the close of the Fourth Quarter. The summary report shall include:
a. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter
18.04 of the Code for the prior year. This includes comparisons to Exhibit A and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).
b. When the Funded Activity is an Infrastructure Program Project, include a description of how the County’s Local and Targeted Worker Hire Policy has been applied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced. c. Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, include a description of the final score and Envision award level. Annually, the Recipient shall prepare and provide members of the public with up-to-date information on the actual and budgeted use of the SCW Program Contribution.
4. As Needed Information or Reports. The Recipient agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.
B-34. Representations, Warranties, and Commitments
The Recipient represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
2. No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity.
4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due.
5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times Regional Program
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maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion.
6. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker’s Compensation and Employer’s Liability, Builder’s Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual:
https://riskmanagement.lacounty.gov/wp-content/uploads/2019/06/Insurance-Manual-revised-May-2019.pdf B-35. Requirements for Good Standing
The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.
B-36. Requirements Related to Recipient's Contractors
1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Alternatively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP.
2. The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women- Owned Businesses on the Project, subject to applicable State or federal constitutional limitations.
3. The Recipient shall obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall constitute a breach of a material provision of this Agreement.
4. With respect to a Project funded with SCW Program Contributions through the Regional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Project be bound by the provisions of: (1) a County-wide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement.
5. With respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project.
6. Payment Bond. Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppliers on the Project will be paid.
7. Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995.311.)
8. Prevailing Wage. The Recipient agrees to be bound by all the provisions of Sections 1771 and 1774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make it contractors and subcontractors aware of this provision .
9. Public Funding. This Funded Activity is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits Regional Program
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the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.
B-37. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.
B-38. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
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EXHIBIT C – SPECIAL CONDITIONS
[If the Recipient is a public agency]
C-1. The Recipient acknowledges and agrees that the Recipient is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and other work and any mitigation necessary to comply with CEQA in connection with the Funded Activity. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA.
C-2. Upon the completion of the documentation, analysis and other work necessary to comply with CEQA as described in section C-1, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges that the District is a Responsible Agency under CEQA in connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has provided such documentation, analysis and other work to the District and the District has complied with its obligations as a Responsible Agency under CEQA.
C-3. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the State CEQA Guidelines or the NEPA.
C-4. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District. With the District's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts.
C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [If the Recipient is not a public agency]
C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Environmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the District. Any decisions based on the documentation prepared by the Recipient will reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA and the Recipient acknowledges that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction.
C-2. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA.
C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigated, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request that the Funded Activity be modified in order to avoid such environmental impact(s).
C-4. In the event that the District terminates the SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the District terminates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion Regional Program
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of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity for which the SCW Program Contribution was not terminated.
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EXHIBIT D – ADDENDUM TO AGREEMENT
-DRAFT TEMPLATE-
ADDENDUM NO. ___ TO
TRANSFER AGREEMENT NO. _______________ BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND (INSERT PROJECT DEVELOPER)
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Addendum No. ___ to Transfer Agreement No. _______________, hereinafter referred to as “Addendum No. ___”, is entered into as of ____________________ by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and ___(Project Developer/Scientific Studies Applicant)____, hereinafter referred to as "Recipient."
WHEREAS, District and Recipient entered into Transfer Agreement No. _______________ , hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on _______________; WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the ________ Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year; WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year __________;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. ___.
2. Exhibit A to the Agreement is superseded and replaced by Exhibit A-1, attached hereto and incorporated herein as if fully set forth, and all references in the Agreement to Exhibit A shall hereafter be deemed to refer to Exhibit A-
1. 3. The District shall disburse the SCW Program Contribution for the __________ Fiscal Year as described in the Budget Plan within ___ days of the execution of this Addendum by the last party to sign.
3. All terms and conditions of the Agreement shall remain in full force and effect including, but not limited to the following provisions related to compliance with the California Environmental Quality Act (CEQA).
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IN WITNESS WHEREOF, this Addendum No. ___ has been executed by the parties hereto. _______________(Recipient):_______________
By: ____________________________________
Name:
Title:
Date: __________________________________
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name:
Title:
Date: __________________________________
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EXHIBIT E – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Nature-based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio- environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.
Recipients are to consider using Nature-Based Solutions for infrastructure projects and include in each Quarterly Progress/Expenditure Report and annual summary whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Recipients must attach a copy of the matrix for each Project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. Please refer to the table below.
For the most up to date guidance related to Nature Based Solutions, please refer to the Safe, Clean Water Program website (https://safecleanwaterla.org/)
METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate-
appropriate, eco-friendly
vegetation (groundcover,
shrubs, and trees) / green
space
5%-15% covered by new
climate-appropriate
vegetation
Use of native, climate-
appropriate, eco-friendly
vegetation (groundcover,
shrubs, and trees) / green
space
16%-35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation (groundcover,
shrubs, and trees) / green
space that is both native
and climate-appropriate
More than 35% covered by
new native vegetation
Increase of Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped Mountains
& Floodplains
●Preservation of native
vegetation
●Minimal negative impact to
existing drainage system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
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Creation & Restoration
of Riparian Habitat &
Wetlands