Definitions.
For purposes of this section the following words and phrases are defined
as follows:
"Affected party"
shall mean a party to a city contract, a subcontractor under
a city contract, an applicant seeking entitlement, a contractor of
applicant seeking entitlement, or a subcontractor of applicant seeking
entitlement.
"Applicant seeking entitlement"
means any person who has filed an application or letter seeking
approval of an entitlement with the city, successor agency, or housing
authority, or any person who is an owner or lessee of property on
whose behalf an application or letter seeking approval of an entitlement
is filed.
"Application is pending"
means an application or letter which is subject to review,
hearing or consideration by the council, successor agency, and/or
housing authority and the application or letter seeking an entitlement
has been filed and, either will be set for review, hearing or other
consideration by the council, successor agency, or housing authority
as a matter of right, or has been formally appealed to the council,
successor agency, or housing authority. The three examples set forth
below are intended to provide interpretive guidance:
1.
An application for a zone change is filed. Since a zone change
can only be effectuated by the council, upon filing the application
it would be pending before the council;
2.
An application for a conditional use permit is filed. Only at
such time as the grant or denial of a conditional use permit is appealed
to the council would it be pending before the council;
3.
An application for a variance in the downtown specific plan
area is filed. Since the council has original jurisdiction, the variance
application would be pending before the council when filed.
"Attorney representative"
means legal counsel representing any party with a pending
claim (pursuant to the Government Claims Act as defined in California
Government Code Section 810 et seq., or any successor legislation)
or pending litigation adverse to the city.
"City contract"
means any agreement or contract, including any amendment
or modification to an agreement or contract, with the city, successor
agency, or housing authority, where such contract or agreement is
subject to approval by the council, successor agency, or housing authority
for: (1) the rendition of personal services; (2) construction and/or
the furnishing of any material, supplies or equipment; (3) the sale,
lease, exchange, or transfer of any land or building to or from the
city, successor agency, or housing authority; or (4) a grant, loan,
loan guaranty, land write down, or other similar form of financial
assistance. Contract does not include a contract awarded pursuant
to a competitive bidding process under the Charter of the city of
Glendale, a transfer or exchange of land to or from one public agency
to another public agency, or the transfer of an easement, license,
or right-of-way in the ordinary course of a development project.
"Contractor of applicant seeking entitlement"
means a person who is, or has been promised to be, a party
to a contract as an architect, design professional, engineer, or general
or prime contractor with an applicant seeking entitlement, as defined
herein, which contract has, or would have a total anticipated or actual
value of $50,000 or more.
"Council"
means the city council of the city of Glendale.
"Design professional"
means a person who performs services in the nature of designing
structures, buildings, interiors, landscape and/or hardscape but does
not have any particular license.
"Entitlement"
means permit, license, conditional use permit, variance,
architectural or design review (at any stage), franchise, administrative
exception, parking reduction, review of plans, development agreement,
disposition and development agreement, exclusive negotiation agreement,
owner participation agreement, affordable housing agreement, financial
assistance for a proposed project, or any other land use entitlement.
"Related persons"
includes any of the following persons with respect to a party
with a city contract, a subcontractor under a city contract, applicant
seeking entitlement, contractor of applicant seeking entitlement,
and subcontractor of applicant seeking entitlement: a member of its
board of directors, its chairperson, its chief executive officer/president,
its chief financial officer, its chief operating officer, any person
with ownership interest of more than 10% in such person, and/or any
committee, as defined in this chapter, that is owned or controlled
by such person.
"Subcontract"
means a contract subordinate to another contract made between
the contracting parties which includes an agreement for a subcontractor
to perform all or part of certain work to be performed by an architect,
design professional, engineer, general or prime contractor.
"Subcontractor"
means a person who 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 of applicant seeking entitlement
means a person who is, or has been promised to be, a party
to a subcontract as an architect, design professional, engineer, or
to perform other work with a "contractor of applicant seeking entitlement"
as defined herein, which subcontract has, or would have a total anticipated
or actual value of $25,000 or more.