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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Amendment to the City’s existing Legal Services Agreement with Best Best & Krieger, LLP (BBK) and request for conflict-of-interest Waiver in Legal Representation by BBK
1.Motion authorizing the City Manager, the City Attorney, or their designees, to enter into and execute an amendment to the existing Legal Services Agreement with BBK, Contract No. 8001628, in the amount of $50,000, for a new not to exceed amount of $200,000, in order for BBK to provide legal services related to the Grayson Repowering Project’s permit variance application before the South Coast Air Quality Management District.
2.Motion authorizing the City Attorney to consent to and execute a Conflict-of- Interest Waiver for BBK’s representation of the South Coast Air Quality Management District in unrelated matters.
COUNCIL ACTION
Item Type: Consent Item
Approved for March 31, 2026 calendar
EXECUTIVE SUMMARY
City Council’s authorization is requested for an amendment to the City’s existing Legal Services Agreement with BBK to increase the contract amount by $50,000 in order for BBK to provide legal services related to the Grayson Repowering Project’s permit variance application before the South Coast Air Quality Management District (SCAQMD), as well as a waiver of legal conflict of interest for BBK’s representation of the SCAQMD in unrelated matters.
RECOMMENDATION
That the City Council authorize the City Manager and City Attorney to enter into and execute an amendment to the existing Legal Services Agreement with BBK to increase the contract amount by $50,000 for BBK to provide legal services related to the Grayson Repowering Project’s permit variance application before the SCAQMD; and authorize the City Attorney to consent to and execute a waiver of the conflict described herein. 25f
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ANALYSIS
In January 2022, the City entered into a Legal Services Agreement with BBK, in the not to exceed amount of $150,000, for BBK’s specialized representation of the City’s interests in various environmental issues surrounding the Biogas Renewable Generation Project, which issues have resolved.
The City’s Legal Service Agreement currently has a balance of approximately $18,000 remaining and available.
The Grayson Repowering Project requires specialized representation of the City in assisting with the application of a permit variance from the SCAQMD. The variance is being requested to support an accelerated commissioning schedule as Glendale Water & Power Department (GWP) works to recover from the delayed delivery of the Wartsila engines. Specifically, the variance application will request that the time limit for individual engine start-up and testing emissions be co-mingled among all three engines rather than on an engine-by-engine basis, so that the first engine can use some of the hours assigned to the second and third engines. Once Wartsila has the first engine tuned, the other two should follow quickly. Thus, having more hours for the first engine tuning should reduce the time for the overall commissioning process. The variance will apply only to the start- up/commissioning process and thereafter the permit will revert to original requirements as granted. Staff is asking to use BBK for this work due to their long-standing relationship with SCAQMD. BBK has provided the City with an estimated budget in the amount of $50,000.
BBK is also seeking a conflict waiver from the City, relating to BBK’s representation of SCAQMD in unrelated matters, to represent the City with the permit variance application.
As a part of the conflict waiver, in the event the permit variance application goes beyond the SCAQMD hearing board (e.g. if the SCAQMD hearing board denies the variance and the City desires to appeal or challenge the denial), the City will be required to hire a non- BBK attorney for its representation of the appeal against the SCAQMD.
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with the concurrence with and the execution of the Conflict Waiver described herein.
The fiscal impact of the $50,000 increase to the Legal Services Agreement can be absorbed within the Grayson Repowering Project budget. No new appropriation is requested at this time. The City Council approved funding is outlined on the next page:
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Existing Appropriation
Amount Account String Funding Source
$50,000 GL: 53150-5830-GWP-0020-P0000-
PL: P13748
Electric
Depreciation Fund
Department Cost Center Program
Glendale Water
and Power
Projects
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action requested herein has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such is not a project subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs. Section 15378
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 BBK are attached in Exhibit A, in accordance with the City Campaign Finance Ordinance No. 5744.
ALTERNATIVES TO STAFF RECOMMENDATION
1. Not authorizing the amendment to the City’s existing Legal Services Agreement with BBK and the Conflict-of-Interest Waiver as requested herein.
2. Council’s consideration of any other alternatives not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Michael J. Garcia, City Attorney
Prepared by:
Dorine Martirosian, Principal Assistant City Attorney
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit A – Campaign Disclosure Form for Best Best & Krieger, LLP