A G E N D A
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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glendaleca.gov/agendas
.
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PLEASE TURN OFF CELLULAR PHONES WHILE INSIDE THE MEETING LOCATION In
compliance
with
the
Americans
with
Disabilities
Act
(ADA)
of
1990,
auxiliary
hearing
aids,
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language
translation,
and
Braille
transcripts
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available
upon
request.
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devices
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same-day
upon
request.
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Clerk’
office
should
be
notified
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(three
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days)
or
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requests
regarding
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language
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All
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related
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items
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agenda
that
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to
this
meeting,
and
are
public
records,
will
be
available
for
review
in the Office of the City Clerk, 613 E. Broadway, RM 110, Glendale, CA 91206.
Translation
services
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meetings
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staff
for
speakers
who
wish
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utilize
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as
available.
Speakers
should
state
their
request
by
contacting
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at
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meeting
or
as
soon
as
practicable.
Please
specify
the
language
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which
you
require
translation.
The
exclusive
use
of
City
provided
interpreters
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required
and
persons
are
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to
use
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own
interpreter
or
speak
in their native language.
JANUARY 7, 2025
ROLL CALL
1. CLOSED SESSION
– 1:00 PM ( To Commence at 4:00 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 January 7, 2025 Regular Meeting of the Glendale City Council was Posted on January 2, 2025, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a.
Agenda Preview for the Meetings of Tuesday, January 14, 2025 b.
Nomination for Appointment (Brotman/Kassakhian, 12/17/2024) •
Ted Flanigan, GWP Commission (Seat 4 – Replacing Peterson) •
Edith Fuentes, Planning Commission (Seat 2 – Reappointment of Fuentes) •
Alex Parajon, Audit Committee (Seat 2 – Replacing Mavyan) •
Erasto Ongkeko, Jr., Building and Fire Board of Appeals (Seat 4 – Vacant) c.
Nomination for Appointment (Brotman/Asatryan, 12/17/2024) •
Sue Bell Yank, Arts & Culture Commission (Seat 1 – Replacing Tufenkian) •
Regina Alcazar, Parks, Recreation & Community Services Commission (Seat 1 – Reappointment of Alcazar)
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 Joint City Council and Housing Authority Meeting of December 17, 2024
b.
Human Resources, re:
Resolution to Provide Workers’ Compensation Benefits and to Specified City Volunteers And To Have Existing Liability Insurance Cover Claims Against or Involving Volunteers
1. Resolution Providing Workers’ Compensation Coverage for Specified City Volunteers and Repealing Prior Resolution 23,110
2. Resolution Extending Existing Liability Coverage to Claims Against or Involving Volunteers
c.
Public Works, re:
Renewal and Update of the Transfer Agreement between the Los Angeles County Flood Control District and Glendale Agreement No. 2024MP28 Safe, Clean Water Program (SCWP) – Municipal Program
1. Motion authorizing the City Manager to renew the Transfer Agreement No. 2024MP28 with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Municipal Program
d.
Public Works, re:
Final Map for Tract No. 83052, for a new 28-Commercial Units for a Condominium Subdivision at 610 W. Broadway
1. Resolution approving the Final Map for Tract No. 83052, for a new 28-commercial unit for condominium subdivision at 610 W. Broadway
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5. CITY COUNCIL/STAFF COMMENTS
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes; 5-Speaker Limit) Per Mayor Policy, This Item Also Permits Speakers Wishing to Speak Under General Oral Communications, Subject to the Three Minute Time Limit. Discussion is Limited to Matters Not on the Agenda.
7. ADOPTION OF ORDINANCES
8. ACTION ITEMS
9. HEARINGS
10. REPORTS - INFORMATION
11. WRITTEN COMMUNICATIONS
12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
13. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes.
Council May Question or Respond to The Speaker But There Will be no Debate or Decision.
The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.
14. NEW BUSINESS
15. ADJOURNMENT
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M I N U T E S
JOINT MEETING: GLENDALE CITY COUNCIL
AND GLENDALE HOUSING AUTHORITY
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
DECEMBER 17, 2024
The Joint City Council and Housing Authority Meeting of the Glendale City Council convened in the Glendale City Hall, Council Chambers, in said City, at 3:41 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:
December 17, 2024
Date
A JOINT PUBLIC MEETING of the City Council and Housing Authority is hereby called to meet at 3:00 PM on Tuesday, December 17, 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: Request to Note and File the FY 2023-24 Low and Moderate Income Housing Asset Fund (LMIHAF) Annual Report a. City Council Motion to Note and File the FY 2023-24 LMIHAF Annual Report in accordance with California Health & Safety Code 34176.1(f) Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:
Upon Robert Adjinian at 5:00 p.m. December 17, 2024 Glendale, CA Upon Dan Brotman at 5:00 p.m. December 17, 2024 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. December 17, 2024 Glendale, CA Upon Vartan Gharpetian at 5:00 p.m. December 17, 2024 Glendale, CA Upon Ara Najarian at 5:00 p.m. December 17, 2024 Glendale, CA Upon Laura Parazian at 5:00 p.m. December 17, 2024 Glendale, CA Upon Elen Asatryan at 5:00 p.m. December 17, 2024 Glendale, CA Mayor Pro Tem Brotman called the meeting to order at 3:41 p.m.
ROLL CALL
- Absent: Adjinian
- Report of the City Clerk of the City Council and Housing Authority, re: Posting of Agenda. The Agenda for the Tuesday, December 17, 2024 joint public meeting of the City Council and Housing Authority was posted on December 11, 2024, on the Bulletin Board outside City Hall.
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2 Council Motion to approve Mayor Asatryan’s and Councilmember Najarian’s attendance via teleconference due to emergency circumstances
Moved: Kassakhian Seconded: Brotman
Vote as Follows
a.
Housing Authority Motion to approve Mayor Asatryan’s and Councilmember Najarian’s attendance via teleconference due to emergency circumstances Moved: Brotman Seconded: Gharpetian
Vote as Follows
b.
1. Community Development, re: Request to Note and File the FY 2023-24 Low and Moderate Income Housing Asset Fund (LMIHAF) Annual Report Presenting:
Pam Jackson, Housing Coordinator
Staff Comments:
Roubik Golanian, City Manager
Mike Garcia, City Attorney
Peter Zovak, Asst. Director of Community Development/Housing
a. City Council Motion to Note and File the FY 2023-24 LMIHAF Annual Report in accordance with California Health & Safety Code 34176.1(f) Moved: Kassakhian Seconded: Gharpetian
Vote as Follows
ADJOURNMENT – 4:09 p.m.
- Housing Authority
Moved: Brotman Seconded: Parazian
- Council
Moved: Gharpetian Seconded: Kassakhian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Asatryan, Brotman, Gharpetian, Najarian, Parazian, Kassakhian None
Adjinian
None
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3 Chair of the Glendale Housing Authority
Mayor of the City of Glendale
City Clerk of the City of Glendale
Clerk of the Glendale Housing Authority
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Resolution to Provide Workers’ Compensation Benefits and to Specified City Volunteers And To Have Existing Liability Insurance Cover Claims Against or Involving Volunteers
1.Resolution Providing Workers’ Compensation Coverage for Specified City Volunteers and Repealing Prior Resolution 23,110.
2.Resolution Extending Existing Liability Coverage to Claims Against or Involving Volunteers.
COUNCIL ACTION
Item Type: Consent Item
Approved for January 7, 2025 calendar
EXECUTIVE SUMMARY
On June 26, 1990, the City Council adopted Resolution No. 22,090, which extended workers’ compensation coverage to volunteers registered under the City of Glendale Volunteer Program. On June 21, 1994, Resolution 23,110 was adopted continuing worker’s compensation coverage under certain enumerated conditions. Since 1994, the City has taken on additional volunteers who were not covered by the previous resolutions.
Therefore, an updated Resolution will continue the worker’s compensation coverage and enumerate all of the categories of volunteers who will be covered.
Additionally, staff recently learned that in order for volunteers to be covered by the City’s liability insurance, City Council must adopt a Resolution declaring that they will be covered. This Resolution is important in the unlikely event a volunteer causes injury or damage to persons or property in the course of their City-sanctioned activities. If the City is sued for damages caused by a volunteer, our liability insurance currently would not provide coverage.
RECOMMENDATION
That the City of Glendale continue providing workers’ compensation benefits to registered volunteers. This approach not only ensures equitable treatment for those who generously contribute their time and skills to benefit the City but also provides them protection in the event of an injury during their service. Also that the City declare that existing liability insurance will cover any authorized acts by volunteers that cause injury or damage to persons or property to authorized acts by the volunteers that cause injury or damage. 52 of 84
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ANALYSIS
The 1990 volunteer program anticipated that a maximum of 100 volunteers would be active at any given time throughout the year. Today, the City of Glendale has 193 active volunteers with anticipated increases during the summer months. The current departmental breakdown is as follows:
City Attorney’s Office (CAD) – 1
Clerical support such as copying, scanning, shredding, and updating legal books.
Community Development Department (CCD) – 1
Assigned to the Building and Safety Division, performs functions of a Permit Services Technician (some paid funding by an external contractor) Community Services & Parks (CSP) – 130
Docent Volunteer Program Assist with guided tours, maintenance of historic homes, and organizing related events.
Trails & Open Space Program Patrols trails, clean up and perform trail upkeep.
Recreation Section at Pacific Community Center Set up and break down booths at events and oversee arts and crafts activities, ensuring proper use of the equipment.
Elderly Nutrition Program Assist with meal setup, cleanup, and serving meals to seniors during program hours.
Glendale Police Department (GPD) – 44
Clerical Support & Vacation Checks Perform clerical tasks and check on homes for residents away for extended periods.
DNA Lab Perform routine lab maintenance, including cleaning, filing, scanning, and restocking supplies.
Chaplains Provide invocations during GPD ceremonies on an as-needed basis.
Reserve Officers (16) Function as full-time police officers on a volunteer basis Explorers (18) Weekly meetings with physical training (e.g. push-ups, running), law enforcement training, and participation in community events. (Some funding by the Glendale Police Foundation for meals, outings, and uniforms) Library, Arts & Culture (LAC) – 29
Literacy/ESL (26) Assist community members with reading, writing, and speaking English.
Teen Volunteers (2) Help with events (e.g. crafts, directing attendees) and teen programming.
Commit Book Programming Conducts comic book-related activities for teens.
Over the past three years, there have been no workers’ compensation claims, only two minor first-aid claims of nominal value, and no liability claims. Under California law, cities are responsible for covering the costs of work-related injuries and illnesses for all full- time, part-time, and temporary employees. Our current workers’ compensation insurance system complies with the required coverage standards for both City staff and volunteers.
Since the original program anticipated accommodating up to 100 volunteers, staff now recommends updating that expectation to allow for up to 300 active volunteers at any given time throughout the year.
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Although the City’s current liability insurance premiums already take into account a certain number of volunteers for coverage, in order for coverage to apply there must be a resolution declaring so. Although there have been no incidents to date, in the event a City volunteer causes significant injury or damage in the course of their duties, it will benefit the City to have insurance protection.
FISCAL IMPACT
Adopting a resolution to allow City volunteers to be covered under the City’s liability insurance will not result in any increased premium.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is exempt from the CEQA/NEPA.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
There are no alternatives to staff's recommendation. Resolution 23,110 remains in effect unless repealed.
ADMINISTRATIVE ACTION
Submitted by:
Paula Adams, Chief Human Resources Officer
Prepared by:
Ann Maurer, Chief Assistant City Attorney
Paula Adams, Chief Human Resources Officer
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Resolution No. 23,110
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9 RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF GLENDALE, CALIFORNIA, PROVIDING WORKERS’ COMPENSATION COVERAGE FOR SPECIFIED CITY VOLUNTEERS AND REPEALING RESOLUTION NO. 23,110
WHEREAS, the City of Glendale recognizes the important and ongoing contributions which are made by its many volunteers working in various divisions of the City; and,
WHEREAS, the Glendale City Council adopted Resolution No. 22,080 on June 26, 1990, pertaining to workers’ compensation coverage for City volunteers; and WHEREAS, the Glendale City Council repealed Resolution No. 22,080 and adopted Resolution No. 23,110 pertaining to workers’ compensation coverage for City volunteers on June 21, 1994; and
WHEREAS, the number of City volunteers continues to increase each year; and WHEREAS, under California law, volunteers are not deemed employees of the City of Glendale for purposes of workers’ compensation insurance coverage, or benefits thereunder; and
WHEREAS, under California Labor Code Section 3363.5, designated and authorized volunteers are deemed employees of the City for such purposes, upon adoption of a resolution by the governing body so declaring; and WHEREAS, the City of Glendale desires to provide workers’ compensation coverage for volunteers, while they are engaged in volunteer activities authorized by and for the City, provided that they meet all of the requirements set forth in this resolution;
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. RESOLUTION NO. 23,110 is hereby repealed.
SECTION 2. Volunteers working for the City of Glendale shall be deemed employees of the City, for purposes of workers’ compensation insurance coverage, provided such volunteers satisfy all of the following conditions:
a) such volunteers are registered with the City of Glendale Volunteer Program; b) the primary purpose of such volunteer activity, as determined by the City Manager, or his designee, is to bestow a benefit upon the City of Glendale; and
c) such volunteers do not belong to a group, organization or association that engages in volunteer activities on a regular or periodic basis and which routinely provides its own group or individual policies of insurance while its members are engaged in such volunteer activities.
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9 SECTION 3. This resolution is adopted pursuant to California Labor Code Section 3363.5.
Adopted this ________ day of ______________, 2025.
_____________________________
Mayor
ATTEST: DR. SUZIE ABAJIAN
by:
City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Dr. Suzie Abajian, City Clerk of the City of Glendale, hereby certify that the foregoing Resolution was adopted by the Council of the City of Glendale, California, at a regular meeting held on the ___________ day of ____________, 2025, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
DR. SUZIE ABAJIAN
by:
City Clerk
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9 RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF GLENDALE, CALIFORNIA, EXTENDING
EXISTING LIABILITY INSURANCE COVERAGE TO CLAIMS AGAINST OR
INVOLVING CITY VOLUNTEERS
WHEREAS, the City of Glendale has volunteers working in various divisions of the City; and,
WHEREAS, the volunteers perform various tasks and assignments for the City, including driving City vehicles and interacting with City employees and members of the public; and
WHEREAS, certain actions or conduct by volunteers could subject the City to liability and financial exposure; and
WHEREAS, the City’s current liability insurance policies do not cover volunteers; and
WHEREAS, the City of Glendale desires to have volunteers covered for acts/conduct they engage in while engaged in volunteer activities authorized by and for the City;
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
1. That volunteers working for the City of Glendale shall be deemed employees of the City, for purpose of coverage under the City’s liability insurance policies, provided such volunteers satisfy all of the following conditions:
a) such volunteers are registered with the City of Glendale Volunteer Program; b) the primary purpose of such volunteer activity, as determined by the City Manager, or his/her designee, is to bestow a benefit upon the City of Glendale; and
c) such volunteers do not belong to a group, organization or association that engages in volunteer activities on a regular or periodic basis and which routinely provides its own group or individual policies of insurance while its members are engaged in such volunteer activities.
Adopted this ________ day of ______________, 2025.
_____________________________
Mayor
ATTEST:
________
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9 City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Dr. Suzie Abajian, Ph.D. City Clerk of the City of Glendale, hereby certify that the foregoing Resolution was adopted by the Council of the City of Glendale, California, at a regular meeting held on the ___________ day of ____________, 2025, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
_________
City Clerk
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Adopted
6—21—94
Plumley/Baker
All Ayes RESOLUTION NO. 23,110
A RESOLUTION OF THE CITY OF GLENDALE, CALIFORNIA, PROVIDING WORKERS’ COMPENSATION COVERAGE FOR SPECIFIED CITY VOLUNTEERS AND REPEALING PRIOR RESOLUTION NO. 22,080
WHEREAS, the City of Glendale recognizes the important and ongoing contributions which are made by its many volunteers working in various divisions of the City; and,
WHEREAS, the Glenda:LeCity Council adopted Resolution No. 22,080 on June 26, 1990, pertaining to workers’ compensation coverage for City volunteers; and
WHEREAS, the number of City volunteers continues to increase each year; and
WHEREAS, under California law, volunteers are not deemed employees of the City of Glendale for purposes of workers’ compensation insurance coverage, or benefits thereunder; and WHEREAS, under California Labor Code Section 3363.5,
designated and authorized volunteers are deemed employees of the City for such purposes, upon adoption of a resolution by the governing body so declaring; and
WHEREAS, the City of Glendale desires to provide workers’ compensation coverage for volunteers, while they are engaged in volunteer activities authorized by and for the City, provided that they meet all of the requirements set forth in this resolution;
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. Resolution No. 22,080 is hereby repealed.
SECTION 2. Volunteers working for the City of Glendale shall be deemed employees of the City, for purposes of workers’ compensation insurance coverage, provided such volunteers satisfy all of the following conditions:
a) such volunteers are registered with the City of Glendale Volunteer Program;
b) the primary purpose of such volunteer activity, as
determined by the City Manager, or his designee, is to bestow a benefit upon the City of Glendale; and
C) such volunteers do not belong to a group, organization or association that engages in volunteer activities on a regular or periodic basis and which routinely provides its own group or individual policies of insurance while its members are engaged in such volunteer activities.
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Section 3. This resolution is adopted pursuant to California Labor Code Section 3363.5.
Adopted this 21st — day of June , 1994.
-—i- “
Mayor
ATTEST: AILEEN B. BOYLE
by ~ 4L~
Deputy City Clerk
STATE OF CALIrORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Aileen B. Boyle, City Clerk of the City of Glendale, hereby certify that the foregoing Resolution was adopted by the Council of the City of GLendale, California, at a regular meeting held on the 21st day of June , 1994,
and that the same was adopted by the following vote:
Ayes: Baker, Pluinley,Reyes, Zarian, Givens
Noes: None
Absent: None
AILEEN B. BOYLE
‘1 J ~ /
—~--~. 7/ /7A~/iby: (~ ~ /( t ~
Deputy City Clerk
APPROVEDASTOFORM
o ~
SENORASSISTANTCITYAii ~~ni~u-
DATED~
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24-87070
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Renewal and Update of the Transfer Agreement between the Los Angeles County Flood Control District and Glendale Agreement No. 2024MP28 Safe, Clean Water Program (SCWP) – Municipal Program
1. Motion authorizing the City Manager to renew the Transfer Agreement No. 2024MP28 with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Municipal Program.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for January 14, 2025 calendar
EXECUTIVE SUMMARY
Authorization to renew and update Transfer Agreement No. 2024MP28 is needed, to enable Glendale to access SCWP municipal funding through Fiscal Year 2027-28. This renewal ensures continued support for implementing vital stormwater and urban runoff projects, enhancing water quality and community investment while streamlining project management with a centralized reporting module for efficient documentation and compliance.
RECOMMENDATION
Approve the motion authorizing the City Manager to renew and update the Transfer Agreement No. 2020MP28 between the Los Angeles County Flood Control District and Glendale for the new Transfer Agreement No. 2024MP28 Safe, Clean Water Program – Municipal Program.
ANALYSIS
The SCWP was passed with more than two-thirds 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 credit program and exemptions for parcels owned by qualifying low-income seniors. 61 of 84
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The mission of the SCWP 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, and water quality through investments in the community.
City of Glendale is eligible to receive funding from the municipal program portion of the SCWP for the implementation of its own stormwater and urban runoff projects and programs through the transfer agreement for the municipal program.
The previous Transfer Agreement 2020MP28, will be updated with a new reporting module which will give the users a centralized location to access and upload all necessary information and documentation pertaining to the transfer agreement. The new transfer agreement shall be effective through Fiscal Year 2027-28.
The estimated annual revenue from the SCWP – Municipal Program for Glendale is $1.26 million. The planned expenditures are listed as below:
Green Street Improvements CIP $ 330,000
Alley Stormwater Treatment Program CIP $ 430,000
Consulting Services for NPDES Compliance $ 75,000
Consulting Services for Enhanced Watershed Management Program $ 35,000 Annual Cost Sharing for the implementation of the CIMP and EWMP for The Upper Los Angeles River Watershed Area $ 68,000
Regional Project Study for EWMP Compliance $ 50,000
Trash TMDL Compliance $ 100,000
Public Outreach/Community Education for MS4 compliance $ 13,500 MS4 Annual Permit Fee $ 55,000
Storm drain catch basin cleaning $ 50,000
Administration of MS4 Permit $ 53,500
Total $1,260,000
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with this report. Funding from the Transfer Agreement provides the City of Glendale with the ability to implement various stormwater and urban runoff projects and programs that meet the goals of the SCWP.
Staff will return to Council to request a resolution of appropriation for the funds during annual budget processes.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is not subject to CEQA review.
CAMPAIGN DISCLOSURE
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Not applicable.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the attached Motion. City of Glendale will not be able to receive funding from the SCWP Municipal Program.
Alternative 2: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Daniel Hernandez, Director of Public Works
Prepared by:
Ruel M. Villaluna, P.E., Senior Civil Engineer
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. 2024MP28 Safe, Clean Water Program – Municipal Program.
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4c
M O T I O N
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. 2024MP28, and any amendments thereto, with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Municipal Program.
Vote as follows:
Ayes:
Noes:
Absent:
Abstain:
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TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND GLENDALE AGREEMENT NO. 2024MP28
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Glendale, hereinafter referred to as "Municipality." 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, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.
NOW, THEREFORE , in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, 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:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Y ear” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Y ear” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Municipality: Glendale Name: Haris Harouny Name:
Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:
Phone: (626) 300-2620 Phone:
Municipal Program
Agreement No.2024MP28
Exhibit 1
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Email:
[email protected]
Email:
Either party to this Agreement may change the individual identified as the primary point of contact 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 – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices)
EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
IV.
MUNICIPAL PROGRAM IMPLEMENTATION
A.
The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be
submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.
B.
The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.
C.
The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all
applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V.
SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A.
SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed
transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in
paragraph B, below; however the District may, in its discretion, change the date and number of the actual
disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.
B.
The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following
conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section
18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the
Municipality has complied with the audit requirements of Section B-6 of Exhibit B.
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.
VI.
TERM OF AGREEMENT
This
Agreement
shall
expire
at
the
end
of
the
2027-28
Fiscal
Year.
The
parties
shall thereafter enter into a new
agreement based on the most recent standard template agreement approved by the Board.
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Agreement No.2024MP28
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IN
WITNESS
WHEREOF,
this
Agreement
has
been
executed
by
the
parties
hereto.
By:
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By:
Name:
Title:
Date:
Municipal Program
Agreement No.2024MP28
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EXHIBIT A – ANNUAL PLAN CONTENTS
A-1.
Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how
the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and
corresponding metrics for subsequent reporting of all applicable parameters.
A-2.
Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of
how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets
and corresponding metrics for subsequent reporting of all applicable parameters.
A-3.
Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.
Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.
Additional operation and
maintenance activities, even if
funded by
other
sources, should
be referenced to provide an
overview of anticipated overall project approach.
A-4.
Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the
SCW Program Payment, including 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.
A-5.
Description
of
post-construction
monitoring
for
projects
completed
using
the
SCW Program Payment. Additional
post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview
of anticipated overall project approach.
A-6.
Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable
Infrastructure (ISI) verification, if applicable.
A-7.
Provide the budget for
the activities described in provisions A1 through A-5 SCW Program Payment.
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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-
1. Accounting
and
Deposit
of
Funding
Disbursement
1. SCW
Program
Payments
distributed
to
the
Municipality
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 Municipality only
for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned
prior to disbursement is property of the
District.
3. The
Municipality
shall
operate
in
accordance
with
Generally
Accepted
Accounting Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program
Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its
support when promoting activities funded with SCW Program funds or using any data and/or information developed
SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure
Project,
signage
shall
be
posted
in
a
prominent
location
at
Project
site(s)
or at
the
Municipality’s
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
Municipality
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 SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality 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 Municipality 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
Municipality
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 Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
1. The
Municipality
shall
retain
for
a
period
of
seven
(7)
years,
all
records
necessary in accordance with Generally
Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented
using SCW Program Payments. The Municipality, 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 Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and
conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18
of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3)
years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period
to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly
accessible
website. Due date example below.
th
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Every
Third
Fiscal
Year
Fiscal
Year
Audit
Begins
Audit
Report
Due
to
District
2023-
24 7/1/2027
No
later
than
3/31/2028
4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure
Projects using SCW Program Payments. The Municipality shall permit the authorized District representative,
including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports,
books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination
activities are considered District administration of the SCW Program.
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.
B-7. Availability
of
Funds
District’s obligation to disburse the SCW Program Payment 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 Payment, the District shall not be
obligated to make any disbursements to the Municipality 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 Municipality with a right of priority for disbursement over any other
Municipality.
If
any
disbursements
due
to
the
Municipality
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 Municipality 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 Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under
this Agreement. Municipal expenditures of a SCW Program Payment 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. Compliance
with
SCW
Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of
Chapters 16 and 18 of the Code.
B-11. Compliance
with
Law,
Regulations,
etc.
The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all
applicable local, state and federal laws, rules, guidelines, regulations, and requirements.
B-12. Continuous
Use
of
Municipal
Projects;
Lease
or
Disposal
of
Municipal
Projects
The
Municipality
shall
not
abandon,
substantially
discontinue
use
of,
lease,
or
dispose
of all or a significant part or portion
of any Project funded in whole or in part with SCW Program
Payments
during
the
useful
life
(defined
as
30 years
unless
specified
otherwise in annual plans and subsequent reports) of the Project 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 a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said
amount accruing from the date of lease or disposal of the Project.
B-13.
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 Municipality.
SCW Program Payments 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-14. Final
Inspection
and
Certification
of
Registered
Professional
Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a
California Registered Professional (i.e., Professional
Civil
Engineer,
Engineering
Geologist)
that
the
design
has
been
completed.
Upon completion of the project, the Municipality 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-15. Force
Majeure.
In the event that Municipality 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 Municipality, 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-16. Funding
Considerations
and
Exclusions
1. All
expenditures
of
SCW
Program
Payments
by
Municipality
must
comply
with
the provisions
of
Chapters
16 and
18 of
the
Los
Angeles
County
Flood
Control
District 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 Payments shall not be used in connection with any Project 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 Project 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 Project 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 Project was included in an
approved watershed management program (including enhanced watershed management programs) developed
pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and
appointed officials, agents, and employees from and against any and all liability and expense, 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, arising from or in conjunction with: (1) any Project or Program
implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement
by the Municipality.
B-18. Independent Actor
The Municipality, 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 Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the
District. (LACC Chapter 2.202)
B-19. 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 Municipality, 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-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from
the end of the fiscal year in which those funds are transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal
year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will
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apply. Lapsed funds are funds that were transferred to the Municipality 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, if feasible in a reasonable time frame, or otherwise to the
Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality
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. Example Below.
Fiscal Year
Transferred
Funds
Lapse
After
Extension
Request
Due
Commit
By
2019-
20 6/30/2025
No
later
than
3/31/2025
No
later
than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will
have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW
Program Payments at all reasonable times.
B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non- discrimination in employment and equal employment opportunity.
B-23. 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-24. Notice
1. The Municipality 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
Municipality;
or
b.
Actions
taken
pursuant
to
State
law
in
anticipation
of
filing
for
bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against
the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following:
a.
Any
significant
deviation
from the
submitted Annual
Plan
for
the
current
Fiscal Year, including discussion of any
major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in
benefits
or
community
engagement,
and/or
modifications
that
change
the
SCW Program Goals intended to
be accomplished.
b.
Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical
resource be discovered during construction, the Municipality 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, and the
District has determined
what
actions
should
be
taken
to
protect
and
preserve
the
resource. The Municipality agrees to implement appropriate actions as directed by the District.
c.
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.
B-25. Municipality’s Responsibility for Work
The Municipality 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
Municipality 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 Municipality and any other entity concerning responsibility for
performance of work.
B-26. Reporting
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The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting
requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports,
using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to
detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s
publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall
include:
a.
Amount
of
funds
received;
b.
Breakdown
of
how
the
SCW
Program
Payment
has
been
expended;
c.
Documentation that the SCW Program Payment was used for eligible expenditures in accordance with
Chapters 16 and 18 of the Code;
d.
Description of activities that have occurred, milestones achieved, and progress made to date, during the
applicable reporting period including comparison to the Annual Plan and corresponding metrics; e.
Discussion of any existing gaps between what was planned and what was achieved for the prior year, include
any lessons learned;
f.
Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a
summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior
year, including graphical representation of available data and specific metrics to demonstrate the benefits
being achieved through the years’
investments.
g.
Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable.
This
includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW
Program Goals, and increasing regional capacity to supplement the SCW Program. h.
Additional
financial
or
Project-related
information
in
connection
with
activity funded in whole or in part using
SCW Program Payments as required by the District.
i.
Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that
projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18
of the
Code.
j.
Report on annual and total (since inception of program) benefits provided by programs and projects funded by
SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding
specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits
and graphical representation of pertinent data):
i.
Annual
volume
of
stormwater
captured
and
treated
ii.
Annual
volume
of
stormwater
captured
and
reused
iii.
Annual
volume
of
stormwater
captured
and
recharged
to
a
managed
aquifer
iv.
Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss
considerations explored and reasons to not include.
v.
Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix
demonstrating determination of good, better,
best,
as
outlined
in
Exhibit
C).
If
none,
discuss
considerations explored and reasons to not include.
vi.
Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons
to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or achieved
with
the
SCW
Program
Payment
described
in
the
Annual
Plan
Exhibit
A. This information must be readily accessible to members of the
public.
3. As Needed Information or Reports. The Municipality 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-27. Representations, Warranties, and Commitments
The Municipality 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
Municipality,
has been duly authorized by the governing body of Municipality, as
applicable. This Agreement constitutes a valid and binding obligation of the Municipality, 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
Municipality
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 Municipality is a party or by which the Municipality is bound as of the date set forth on the first page
hereof.
3. No
Litigation.
There
are
no
pending
or,
to
the
Municipality’s
knowledge,
threatened actions, claims, investigations,
suits, or proceedings before any governmental authority, court, or administrative agency which affect the
Municipal Program
Agreement No.2024MP28
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Municipality's ability to complete the Annual Plan.
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 Municipality. As of the date set forth on the
first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by
this
Agreement. The Municipality is
able to pay
its
debts as
they become due.
5. Legal
Status
and Eligibility. The Municipality is
duly
organized and
existing and in good standing under the laws of
the State of California. The Municipality shall at all times maintain its current legal existence and preserve and
keep in full force and effect its legal rights and authority.
6. Good
Standing.
The
Municipality
must
demonstrate
it
has
not
failed
to
comply
with previous
County
and/or
District
audit
disallowances
within
the
preceding
five
years.
B-28. 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 Municipality. 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-29. 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.
B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program
Payment for any Fiscal Year in the event that:
1. The Municipality has violated any provision of this Agreement; or
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an
opportunity to cure.
3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
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EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. 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 capture
stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing
natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report 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, Annual
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.
Municipalities 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.
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
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing off-
site runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter
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EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using
the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care
and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project
specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and
frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices,
including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the
Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and
urban runoff benefits.
1. Litter Control
•
Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock
areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways,
drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. •
Regular inspection and maintenance of pet waste stations. •
Maintaining trash receptacles.
•
Removal of trash, debris, and blockages from bioswales. •
Inspection and cleaning of trash booms.
•
Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance
•
Weed control
o
Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds,
ragweed, and other underground spreading weeds.
o
Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or
shrubs).
o
Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas,
gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing
stations, park shelters, and bicycle paths.
•
Tree and shrubbery trimming and care
o
Removal of dead trees and elimination of diseased/damaged growth. o
Prevent encroachment of adjacent property and provide vertical clearance. o
Inspect for dead or diseased plants regularly.
•
Wetland vegetation and landscape maintenance
o
Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal,
intermittent habitats.
o
Draining and drawdown of wetland and excessive bulrush removal o
Weed and nuisance plant control.
o
Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and
harvesting equipment.
o
Wildflower and meadow maintenance.
o
Grass, sedge, and yarrow management.
o
Removal of unwanted hydroseed.
3. Wildlife Management
•
Exotic species control.
•
Provide habitat management; promote growth of plants at appropriate densities and promote habitat
structure for animal species.
•
Protect sensitive animal species (e.g. protection during critical life stages including breeding and
migration).
•
Avoid disturbances to nesting birds.
•
Avoid spread of invasive aquatic species.
4. Facility Inspection
•
Inspect project sites for rodent and insect infestations on a regular basis. •
Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences,
and educational and directional signs.
•
Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed
granite pathways, and maintenance roads).
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•
Inspect shade structures for structural damage or defacement. •
Inspect hardscapes.
•
Inspect and maintain interpretive and informational signs. •
Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). •
Maintain deck areas (e.g. benches, signs, decking surfaces). •
Visually inspect weirs and flap gates for damage; grease to prevent locking.
•
Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates
through full cycles to prevent them from locking up.
5. Irrigation System Management
•
Ensuring automatic irrigation controllers are functioning properly and providing various plant species with
proper amount of water.
o
Cycle controller(s) through each station manually and automatically to determine if all facets are
functioning properly.
o
Inspection should be performed at least monthly.
o
Recover, replace, or refasten displaced or damaged valve box covers. o
Inspect and repair bubbler heads.
o
Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and
erosion).
o
Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur
at least monthly.
o
Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o
Maintain and check function of the drip system.
•
Keeping irrigation control boxes clear of vegetation.
•
Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope
failure.
•
Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant
characteristics to promote a self-sustaining, irrigation free landscape. •
Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At
least four times a year (e.g. change of season), reschedule controller systems. •
Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high
enough moisture content.
•
Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control
•
Inspect slopes for erosion during each maintenance activity. •
Inspect basins for erosion.
•
Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank
protection, and replanting exposed soil.
7. Ongoing Monitoring Activities
•
Monitor controllable intake water flow and water elevation. •
Examine inflow and outflow structures to ensure devices are functioning properly and are free of
obstructions.
•
Water quality sampling (quarterly, unless justified otherwise). •
Checking telemetry equipment.
•
Tracking and reporting inspection and maintenance records.
8. Vector and Nuisance Insect Control
•
Monitoring for the presence of vector and nuisance insect species. •
Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. •
Managing emergent vegetation.
•
Using hydraulic control structures to rapidly dewater emergent marsh areas. •
Managing flow velocities to reduce propagation of vectors.
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4d
24-87071
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Final Map for Tract No. 83052, for a new 28-Commercial Units for a Condominium Subdivision at 610 W. Broadway
1.Resolution approving the Final Map for Tract No. 83052, for a new 28-commercial unit for condominium subdivision at 610 W. Broadway.
COUNCIL ACTION
Item Type: Consent Calendar
Approved for January 7, 2025 calendar
EXECUTIVE SUMMARY
Approval of a Final Map is needed for the subdivision of Tract Map No. 83052 for the following applicant to create a new 28-Commercial Unit for a condominium project:
Subdivider: Broadway Commercial Property, LLC
Attn: Amalya Shushanyan
1321 N. Pacific Avenue
Glendale, CA 91202
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2 4
RECOMMENDATION
Approve a resolution approving the Final Map for Tract No. 83052, for a new 28- commercial unit for condominium subdivision at 610 W. Broadway.
ANALYSIS
On February 17, 2021, the Tentative Map for Tract No. 83052 for a proposed new 28- commercial units for a condominium subdivision at 610 W. Broadway was approved by the Planning Commission of the City of Glendale subject to compliance with the Subdivision Map Act, other applicable State statutes, Chapters 16.32 (Final Maps) and
16.16 (New Condominiums) of Title 16 and Title 30 of the Glendale Municipal Code, as well as fifty conditions of approval.
The tentative tract map expired on February 17, 2024. The Planning Commission of the City of Glendale, at its meeting held on May 1, 2024, conducted a public hearing and approved with conditions (50) for a time extension of 24 months until February 17, 2026.
The Final Map for Tract No. 83052 is now ready for approval by the City Council.
All conditions of approval of the Tentative Map have been met and the Final Map has been found by the Planning Division to be in general conformance with the Tentative Map.
Accordingly, the Director of Community Development and the Deputy Director of Public Works/City Engineer recommend the approval of the Final Map.
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
Adherence to the development criteria and conditions of approval will prevent any substantial environmental damage. A Mitigated Negative Declaration was certified for this project on September 29, 2009.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the Final Map for Tract No. 83052. The availability of additional commercial units will not be increased.
Alternative 2: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
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4d3
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Submitted by:
Daniel Hernandez, Director of Public Works
Prepared by:
Ruel Villaluna, P.E., Senior Civil Engineer
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Vicinity Map
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RESOLUTION NO. __________
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA APPROVING THE FINAL MAP OF TRACT NO. 83052, FOR A NEW 28- COMMERCIAL UNIT CONDOMINIUM SUBDIVISION AT 610 W. BROADWAY.
WHEREAS, the Final Map of Tract No. 83052 has been submitted and meets the requirements as set forth in California Government Code Sections 66433, et seq. and is now ready for approval by the City Council; WHEREAS, the City has received a copy of the Title Report and the Declaration of Covenants, Conditions and Restrictions establishing a Homeowner’s Association and same has been reviewed and found to be in an acceptable form; WHEREAS, the Director of Community Development and the Deputy Director of Public Works/City Engineer have found said Final Map to be in general conformance with the tentative map and have certified same as meeting all conditions of approval of the tentative map;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1.Based on the staff report of the Director of Public Works dated January 14, 2025, the certifications of the Director of Community Development and Deputy Director of Public Works/City Engineer; the written and oral testimonies and exhibits thereto, the City Council hereby finds that the Final Map of Tract No. 83052 meets all the conditions of approval of the tentative map, is in general conformance with said tentative map, and as such is hereby approved.
SECTION 2.The City Clerk is hereby instructed to endorse in due form, such approval upon said Map and affix a City seal thereto and certify the passage of this Resolution.
Adopted this _____ day of ____________, 2025.
____________________________
Mayor, City of Glendale
ATTEST:
__________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
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CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing Resolution No. _____________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _____ day of _________________, 2025, the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain: ___________________________
City Clerk
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