Glendale City Council
November 7, 2023

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
Meetings are broadcast live on Glendale TV, viewable on Spectrum Cable, channel 6, and AT&T Uverse, channel 99. Meetings are also streamed live in high definition (HD) on the City webpage, glendaleca.gov/live, on YouTube.com/myglendale, and on Apple TV, Roku, Amazon Fire, iOS and Android devices usinga free app called Cablecast and choosing "Glendale TV" from the menu.

Meetings are also archived on the City Website for viewing anytime at glendaleca.gov/agendas.

Call (818) 548-4013 for program schedules. For public comments and questions during the meeting, call (818) 937-8100. Public comments ona specific agenda item will be taken when that agenda item is discussed. If you have any question about matters on the agenda, or requests for assistance, please contact the City Clerk at (818) 548-2090 during regular business hours.

PLEASE TURN OFF CELLULAR PHONES WHILE INSIDE THE MEETING LOCATION In compliance with the Americans with Disabilities Act (ADA) of 1990, auxiliary hearing aids, sign language translation, and Braille transcripts are available upon request. Assisted listening devices are available same-day upon request. The City Clerk’ office should be notified 72 hours (three business days) or as soon as practicable for requests regarding sign language translation and Braille transcription services. All documents related to open session items on this agenda that are received less than 72 hours prior 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 are provided for meetings through the use of bilingual staff for speakers who wish to utilize the service as available. Speakers should state their request by contacting the City Clerk’s office at (818) 548-2090, at least 72 hours prior to the scheduled meeting or as soon as practicable. Please specify the language for which you require translation. The exclusive use of City provided interpreters is not required and persons are welcome to use their own interpreter or speak in their native language.

NOVEMBER 7, 2023

ROLL CALL

1. CLOSED SESSION – 1:00 PM (To Commence at 3:00 PM)
a. Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraphs (d)(2) and (e)(1) & (2) of Government Code Section 54956.9: Two potential cases
1 TYPED 11/2/2023 3:56:06 PM
11 07 23
CC
b. Conference with real property negotiators. City negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Bradley Calvert, Jason Bradford, Michael J. Garcia, and Gillian van Muyden. Property location: Approximately 3,720 s.f. lot at the northwest corner of N. Central Ave. and W. Glenoaks Blvd. adjacent to 1015 N. Central Avenue (APN 5636-007-903). Negotiating Parties: Western Diocese of the Armenian Church of North America. Instructions to the negotiator(s) will concern the price and terms for the sale of City-owned property

2. REGULAR BUSINESS AGENDA – 6:00 PM
Roll Call
a. Flag Salute: Mayor Dan Brotman
b. Invocation: Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the November 7, 2023 Regular Meeting of the Glendale City Council was Posted on November 2, 2023, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, November 14, 2023

4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a. City Clerk, re: Minutes of the Regular City Council Meeting of October 31, 2023 b. Management Services, re: Amendment to Professional Services Agreement with Rincon Consultants, Inc. to include an update of the General Plan Safety Element

1. Motion authorizing the City Manager to Amend the Professional Services Agreement with Rincon Consultants, Inc., to include an update of the General Plan Safety Element as part of the Climate Action and Adaptation Plan preparation for an additional cost of $135,683, and a revised total not to exceed contact amount of $455,683

2. Resolution of appropriation in the amount of $135,683

5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)

7. ADOPTION OF ORDINANCES
a. Management Services, re: Ordinance of the City of Glendale Amending Title 8, Chapter 8.42 of the Glendale Municipal Code, 1995, to Prohibit the use of Polystyrene Products and Single-use Plastics

8. ACTION ITEMS
a. Fire Department, re: Purchase of personal protective equipment – turnout gear for the Glendale Fire Department

1. Resolution adopting Fire-Dex products as the City’s standard for specialized personal protective equipment and turnout gear and dispensing with competitive bidding for the procurement of Fire-Dex products and related services from Municipal Emergency 2 TYPED 11/2/2023 3:56:06 PM
11 07 23
CC
Services, Inc. (MES)

2. Resolution of Appropriation to appropriate $147,000 from the Fire Mutual Aid Fund for the purchase of personal protective equipment – turnout gear b. Public Works, re: Beeline Maintenance Facility Bus Electrification and Parking Deck Design and Management/Owner Representative Services for the Parking Deck and Electrification Infrastructure, Award of Professional Services Agreements

1. Motion authorizing the City Manager or his designee to execute a Professional Services Agreement with Stantec Architecture Inc., for the Beeline Maintenance Facility Bus Electrification and Parking Deck Design for $1,350,000

2. Motion authorizing the City Manager or his designee to execute a Professional Services Agreement with The LeFlore Group, LLC for Project Management/Owner Representative Services for the Glendale Beeline Bus Maintenance Facility Parking Deck and Electrification Infrastructure for $399,862

3. Resolution of appropriation for $1,399,862 for the agreements c. City Clerk, re: Calling for and giving notice of the General Municipal Election to be held on Tuesday, March 5, 2024

1. Resolution Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, March 5, 2024, in the City of Glendale, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to Charter Cities

2. Resolution Requesting the Board of Supervisors of the County of Los Angeles to Direct the Registrar-Recorder/County Clerk to Render Full Consolidated Election Services, with the Exception of Candidate Filing, to Said City Relating to the Conduct of a General Municipal Election to be Held on March 5, 2024

3. Resolution Setting Forth Regulations Relating to Candidate Statements for the March 5, 2024 General Municipal Election

4. Resolution of Appropriation in the amount of $591,547 for the March 5, 2024 Election

9. HEARINGS
a. Public Works, re: Public Hearing on the Appeal of the Decision of the Director of Public Works Granting Encroachment Permit No. EP-823 for the Installation of Wireless Telecommunications Facilities in the Public Right of Way located in front of 1544 W. Kenneth Road

1. Motion DENYING the appeal and upholding the decision of the Director of Public Works granting Encroachment Permit No. EP-823

2. Motion GRANTING the appeal, reversing the decision of the Director of Public Works, and continuing the matter until November 28, 2023, for the City Attorney to prepare findings consistent with Council direction
b. City Attorney, re: Fifth Public Hearing Regarding the Composition of Council Districts Related to the City's Proposed Transition to District-Based Councilmember Elections and Discussion of Potential Amendments to City Charter

1. Motion Directing Staff Regarding Council Districts

2. Motion Directing Staff Regarding Potential Charter Amendments

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
3 TYPED 11/2/2023 3:56:06 PM
11 07 23
CC
a.Mayor Brotman’s Request to Agendize Impacts of Court Decision in California Restaurant Association v. the City of Berkeley on the City’s Building Electrification Ordinance and Related Options

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
4 TYPED 11/2/2023 3:56:06 PM
11 07 23
CC
1 Devine, Kassakhian, Najarian, Brotman
None
Asatryan
None
4A
Ayes:

Noes:

Absent:

Abstain:

Devine, Kassakhian, Najarian, Brotman
None
Asatryan
None
Devine, Kassakhian, Najarian, Brotman
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Ayes:

Noes:

Absent:

Abstain:

M I N U T E S

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
OCTOBER 31, 2023
ROLL CALL – Absent: Asatryan

1. CLOSED SESSION – 3:05 PM
Motion to approve Councilmember Asatryan’s attendance via teleconference due to emergency circumstances
Moved: Devine Seconded: Najarian
a. Public Employee Performance Evaluation – City Manager b. Public Employee Performance Evaluation – City Attorney City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to Closed Session at 3:07 p.m.

2. REGULAR BUSINESS AGENDA – 6:00 PM
Roll Call – Absent: Asatryan
a. Flag Salute: Mayor Dan Brotman
b. Invocation: Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the October 31, 2023 Regular Meeting of the Glendale City Council was Posted on October 26, 2023, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, November 7, 2023 Public Comment:

Dulce Ambriz
b. Appointment of Dennis Rihn to the Civil Service Commission (Kassakhian/Devine, 10/24/2023)
c. Reappointment of Chris Cragnotti to the Historic Preservation Commission (Najarian/Brotman, 10/24/2023)
5 of 642
2 Devine, Najarian, Brotman
None
Asatryan
Kassakhian (recused)
Ayes:

Noes:

Absent:

Abstain:

Devine, Kassakhian, Najarian, Brotman
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Devine, Kassakhian, Najarian, Brotman
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:
d. Reappointment of Arlene Vidor to the Arts and Culture Commission (Kassakhian/Brotman, 10/24/2023)

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.

Councilmember Kassakhian recused himself on item 4b due a possible conflict of interest. a. City Clerk, re: Minutes of the Special City Council and Regular City Council Meetings of October 24, 2023
Moved: Najarian Seconded: Devine
b. Public Works, re: Final Map for Vesting Tract No. 82713, for a new 98-Unit Residential Condominium and a one-unit Commercial Condominium Subdivision at 520 N. Central Avenue and 521 N. Orange Street

1. Resolution 23-159 Approving the Final Map of Vesting Tract No. 82713 Moved: Najarian Seconded: Devine

5. CITY COUNCIL/STAFF COMMENTS
Councilmember Devine attended the “K9 Howl at the Moon” Gala and congratulated the Glendale Police Foundation for a successful event. She invited the public to watch a production called “She,” at the Antaeus Theatre, a play about a young teenage girl striving to find her inner power.

Mayor Brotman requested to agendize a discussion on the impacts of the court decision in California Restaurant Association v. the City of Berkeley on the City’s Building Electrification Ordinance and related options.

Councilmembers wished everyone a safe and a happy Halloween.

Councilmember Kassakhian asked staff to provide a report on how to financially assist residents who were evicted from their apartments.

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)

7. ADOPTION OF ORDINANCES
6 of 642
3 Devine, Kassakhian, Najarian, Brotman
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

8. ACTION ITEMS
a. Management Services, re: Ordinance Amending Glendale Municipal Code, 1995, Title 8 Chapter 8.42 To Prohibit the Use, Distribution and Sale of Polystyrene Products on A Citywide Basis
Staff Comments
Roubik Golanian, City Manager
Mike Garcia, City Attorney
Presenting:

David Jones, Sustainability Officer
Public Comments:

Jackie Gish
Allan Durham
Monica Campagna
Jennifer Pinkerton
Chloe Brown
Craig Cadwallader
Emmanuel Golakian

1. Ordinance for Introduction
Ordinance introduced by: Devine
b. Public Works, re: Traffic-Related Electrical Devices Maintenance Program, Award Service Agreement
Presenting:

Yazdan Emrani, Director of Public Works

1. Resolution 23-160 dispensing with competitive bidding, approving a contract award through a competitive request for proposal procurement process, and authorizing the City Manager or a designee to execute a multi-year service agreement, including the option for two one-year extensions, with Yunex Traffic LLC, to provide maintenance services for the City's traffic signals and other traffic-related electrical devices Moved: Kassakhian Seconded: Devine
c. Management Services, re: San Gabriel Mountains National Monument Expansion Support
Staff Comment:

Roubik Golanian, City Manager
Public Comments:

Jackie Gish
Elise Kalfayan
7 of 642
4 Devine, Kassakhian, Najarian, Brotman
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

1. Resolution 23-161 Supporting San Gabriel Mountains National Monument Expansion Moved: Kassakhian Seconded: Devine

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.

Grace Brands
Araik Sinanian
Anush Nazari
Hugh McDade
Karine Simonyan
Robert Zograbyan
Ramella Eraghi
Andranik Asatourian
Leanna
Emmanuel Golakian

14. NEW BUSINESS

15. ADJOURNMENT – 8:23 p.m.

Moved: Devine Seconded: Najarian
Mayor of the City of Glendale
City Clerk of the City of Glendale
8 of 642
4b

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Amendment to Professional Services Agreement with Rincon Consultants, Inc. to include an update of the General Plan Safety Element.

1. Motion authorizing the City Manager to Amend the Professional Services Agreement with Rincon Consultants, Inc., to include an update of the General Plan Safety Element as part of the Climate Action and Adaptation Plan preparation for an additional cost of $135,683, and a revised total not to exceed contact amount of $455,683.

2. Resolution of appropriation in the amount of $135,683.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for November 7, 2023 calendar

EXECUTIVE SUMMARY
The City needs to update the Safety Element of the General Plan. SB 370 requires the Safety Element to include a vulnerability assessment identifying how climate change is expected to affect hazardous conditions in the community, as well as goals, policies, and measures to adapt to, and increase resilience. Because these topics are intertwined with climate mitigation and the focus of the Climate Action and Adaptation Plan, it is best practice for these efforts to be coordinated, consistent, and presented to the community together.
9 of 642
2 b 4

RECOMMENDATION
That City Council authorize the City Manager to amend the Professional Services Agreement with Rincon Consultants, Inc., to include preparation and completion of an update of the General Plan Safety Element as part of the Climate Action and Adaptation Plan Preparation.

BACKGROUND
On September 27, 2022, the City Council authorized the City Manager to execute an 18-month Professional Services Agreement (PSA) with Rincon to develop a “Qualified” Climate Action and Adaptation Plan (CAAP) for the City of Glendale for a total not to exceed amount of $320,000. Included in the original CAAP scope of work was a task for Rincon to prepare a climate vulnerability analysis. The climate vulnerability analysis identifies, categorizes, and prioritizes risks across all community sectors based on exposure (assessed using climate change projections), sensitivity, and adaptive capacity.

This scope of work was requested within the CAAP in anticipation of an update to the General Plan Safety Element and Local Hazard Mitigation Plan (LHMP). New legislative bills require cities to develop policies that address communities that are vulnerable to climate change, emergency evacuation, and wildfire risks. The work Rincon Consultants is completing for the CAAP can be adopted into the Safety Element update and, by reference, into the LHMP update.

ANALYSIS
California has prioritized mitigating climate change impacts and building more resilient communities. Recently, the California State Legislature has passed several bills (described below) requiring updating safety elements to account for these priorities.

This new legislation requires communities to prepare specific technical studies and develop policies that address communities who are vulnerable to climate change, emergency evacuation, and wildfire risks.

1. Senate Bill 99. Residential Emergency Evacuation Routes. Senate Bill 99 requires all cities and counties, upon the next revision of the housing element on or after January 1, 2020, to update the safety element to include information identifying residential developments in any hazard area identified in the safety element that does not have at least two emergency evacuation routes.

2. Senate Bill 1035. General Plans. Senate Bill 1035 requires cities and counties to update their safety element during a housing element or local hazard mitigation plan update cycle, but not less than once every eight years if new information on flood hazards, fire hazards, or climate adaptation or resilience is available that was not available during the previous revision of the safety element. 10 of 642
3 b 4

3. Senate Bill 379. Climate Adaptation. Senate Bill 379 requires all cities and counties to include climate adaptation and resiliency strategies in the safety elements of their general plans upon the next revision beginning January 1, 2017. The bill requires the climate adaptation update to include a set of goals, policies, and objectives for their communities based on the vulnerability assessment and implementation measures, including the conservation and implementation of natural infrastructure that may be used in adaptation projects.

4. Senate Bill 1241. State Responsibility Areas and Very High Fire Severity Zones.

The Senate Bill requires review and update of the safety element upon the next revision of the housing element on or after January 1, 2014, as necessary to address the risk of fire in state responsibility areas and very high fire hazard severity zones. The specific requirements are codified in GC § 65302(g)(3) and 65302.5(b) and included as Attachment A to this memorandum.

5. Assembly Bill 747. Evacuation Routes. Assembly Bill 747 requires all cities and counties to identify evacuation routes in the safety elements of their general plans upon the next revision of their local hazard mitigation plan, beginning on or after January 1, 2022. The bill requires evaluating evacuation route capacity, safety, and viability under various emergency scenarios. The safety element can be updated based on information included in an adopted local hazard mitigation plan, emergency operation plan, or other document, provided the information fulfills the goals and objectives of the assembly bill requirements.

These new requirements allow for the Safety Element to be better designed for agencies to further implementation efforts to prevent increased hazard risks such as wildfire and urban heat as well as emergency response and evacuation.

Rationale.

SB 379 allows for cities and counties to comply with the law by either (i) updating the safety element of their general plan OR (ii) using an existing local hazard mitigation plan (LHMP), climate action or adaptation plan (CAAP), or similar plan that adequately addresses the regulatory requirements of SB 379. Local jurisdictions that already have an adopted LHMP as of January 1, 2017, will need to update the safety element of the general plan pursuant to SB 379 upon the next revision of the LHMP. (SCAG 2021.) SB 379 requires city and county safety elements of general plans to be reviewed and updated to include climate adaptation and resilience strategies. Specifically, the review and update must consist of three main components:
11 of 642
4 b 4

1. A Vulnerability Assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts.

2. A Set Of Adaptation And Resilience Goals, Policies, And Objectives based on the information in the Vulnerability Assessment for the protection of the community.

3. A Set Of Feasible Implementation Measures designed to carry out the identified goals, policies, and objectives.

The above components are being completed as part of the scope of work for the CAAP.

Thus, as Glendale Fire Department is updating the LHMP and Community Development Department is updating elements of the General Plan, which are intertwined with the climate mitigation focus of the CAAP, it is optimal for these efforts to be coordinated, consistent, and presented to the community together. This also allows for the most effectiveness and efficiency in staff resources, potentially resulting in significant cost and time savings.

Rincon will prepare specific technical studies and develop policies that address communities vulnerable to climate change, emergency evacuation, and wildfire risks.

The full scope of work can be found in Exhibit 1. Key tasks include:

1. Review of Existing Safety Element:

2. Preparation of Technical Reports
a. Evacuation Capacity Analysis
b. Identify Evacuation Scenarios
c. Evacuation Analysis
d. Evacuation Map

3. Safety Element CEQA Analysis (combined with CAAP): Rincon proposes modifying the existing Task 10 established for the CAAP to combine the CAAP and Safety Element update CEQA assessments. By combining the CAAP and Safety Element programs, Rincon can evaluate both documents in a single CEQA document.

STAKEHOLDERS/OUTREACH
A key aspect of the scope of work for the Safety Element update is to undertake stakeholder and community engagement. Rincon will revise the CAAP Stakeholder Education and Engagement Plan to include Safety Element-related engagement activities, and:
• City Staff Working Group Meeting, Community Workshop, online community surveys, and City Council hearings.
12 of 642
5 b 4
• In addition to the CAAP workshops, Rincon will plan and facilitate one additional community workshop and one additional pop-up event that focus exclusively on the Safety Element update. The community workshop will be inperson and will provide an overview of the Safety Element, new Safety Element requirements, results from the Climate Change Vulnerability Assessment, and Safety Element policy topics.

FISCAL IMPACT
The General Plan Safety Element update will cost $135,683, which was not included as a part of the FY 2023-24 budget. Therefore, staff is requesting for an appropriation from Measure S Undesignated Fund Balance. The appropriation request is outlined below:

Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$135,683 24275-1070- 43110-1070-MSD8509-P8020-Measure S Undesignated Fund
Balance

ENVIRONMENTAL REVIEW (CEQA/NEPA)
CEQA does not apply to projects where the lead agency determines "with certainty that there is no possibility that the activity in question may have a significant effect on the environment." CEQA Guidelines (14 Cal. Code Regs.) § 15061(b)(3). Here, the action involves the amendment of an existing professional services agreement for the preparation of a CAAP to include preparation of a required update the City’s Safety Element of the General Plan. These actions will benefit the health, welfare and safety of the community and natural environment resulting in a net positive environmental effect.

Accordingly, the project will have no possibility of having a significant effect on the environment as are appropriately exempt from CEQA.

CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the following are 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 ten percent interest in the company proposed for contract in this agenda item report. Officers of Rincon Consultants, Inc.

Full
Name
Title Business
Address
City State Zip Ownership
John
Dreher
Chief Executive
Office/President
180 North
Ashwood
Ventura CA 93003 More than
10%
13 of 642
6 b 4
Avenue
Lacrissa
David
Chief Financial
Officer/Vice
President
180 North
Ashwood
Avenue
Ventura CA 93003 More than
10%
Rich
Daulton
Secretary 180 North
Ashwood
Ave
Ventura CA 93003 More than
10%
Jennifer
Haddow
Vice President 180 North
Ashwood
Ventura CA 93003 More than
10%

ALTERNATIVES
Alternate 1: Approve the motion authorizing the City Manager to Amend Contract with Rincon Consultants, Inc. to include an update of the General Plan Safety Element.

Alternate 2: Choose not to authorize the motion.

Alternate 3: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

David Jones, Sustainability Officer
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Rincon Consultants, Inc. Scope and Budget Modification to Prepare the City of Glendale Safety Element Update.
14 of 642
MOTION
Moved by Council Member _________________________________, seconded by Council Member _____________________________, that the City Council hereby authorizes the City Manager to amend the Professional Services Agreement with Rincon Consultants, Inc., to include an update of the General Plan Safety Element as part of the Climate Action and Adaptation Plan preparation for an additional cost of $135,683, and a revised total not to exceed contact amount of $455,683.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
15 of 642
16 of 642
Rincon Consultants, Inc.
2 5 0 E a s t 1 st S t r e e t , S u i t e 1 4 0 0
Los Angeles , California 90012
213 788 4842
i n f o @ r i n c o n c o n s u l t a n t s . c o m
w w w . r i n c o n c o n s u l t a n t s . c o m
September 29, 2023
Project No: 21-11575
Attn: Erik Krause
Deputy Director Community Development
Glendale City Hall
613 E. Broadway
Glendale, California 91206
Via email: [email protected]
Subject: Scope and Budget Modification to Prepare the City of Glendale Safety Element Update Dear Mr. Krause:

Rincon Consultants, Inc. (Rincon) is pleased to provide a scope modification to the contract between the City of Glendale and Rincon Consultants, Inc. dated November 21, 2022, for the City of Glendale Climate Action and Adaptation Plan (CAAP). Pursuant to your request, we have developed this work scope modification to prepare an update to the City of Glendale General Plan Safety Element pursuant to state mandated requirements.

Scope of Work
The following section describes the proposed Safety Element Update scope of work.

Task 1 Project Orientation and Management
Task 1.7 Safety Element Virtual Kick-off Meeting
Rincon will host a Safety Element virtual kick-off meeting with the City’s Project Team to discuss project goals and objectives. The kick-off meeting will provide an opportunity to refine the scope of work and proposed schedule, identify data needs, and discuss the engagement strategy. The scope and schedule for related planning efforts will be discussed, particularly the Climate Action and Adaptation Plan and City of Glendale Hazard Mitigation Plan Update. This meeting will also serve to establish the project management procedures, including communication protocols. Following the kick-off meeting, the Rincon team will provide an adjusted schedule, if necessary, as well as a final list of data needs.

ASSUMPTIONS
▪ Rincon will host a (one-hour) virtual kick-off meeting. ▪ Up to three Rincon staff members will attend the virtual kick-off meeting.

DELIVERABLES
▪ Kick-off Meeting Agenda and Meeting Summary
▪ Final Data Request
17 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

▪ Draft and Final Schedule
Task 1.8 Safety Element Biweekly Check-Ins and Project Management We believe that effective communication and project management is an integral part of a project’s success. We recommend status update phone calls biweekly to report on project status. To facilitate communication among the Rincon team members, we will hold internal biweekly planning and coordination meetings. During these meetings we will discuss work in progress and schedules to ensure the project stays on track.

ASSUMPTIONS
▪ 12-month project timeline
▪ Up to two Rincon staff members will attend biweekly calls (project manager and assistant project manager), unless Principal attendance is requested for specific meetings

DELIVERABLES
▪ Biweekly (30 minute) virtual meetings throughout the 12-month project timeline ▪ Monthly status updates and invoices
Task 1.9 Reconnaissance Tours
Completing a reconnaissance tour of the City would be invaluable for the climate action and adaptation planning and Safety Element update processes as it provides firsthand experience and a comprehensive understanding of the City's physical layout, infrastructure, and existing amenities. Therefore, two Rincon staff members would attend the reconnaissance tours in coordination with the CAAP and Safety Element team to identify key opportunities and challenges (especially in the southern and western parts of the City), assess the feasibility of potential projects, and gain insights into the community's needs and aspirations, leading to a more informed and contextually appropriate long-term plan.

ASSUMPTIONS
▪ Two Rincon staff members will attend in-person reconnaissance tours with City staff. ▪ It is anticipated that the tour will be completed over the course of one day.

DELIVERABLES
▪ Attendance and participation in one full day of tours around the City.

Task 2 Stakeholder and Community Engagement
Task 2.1.1 Stakeholder Education and Engagement Plan (Safety Element) Rincon understands that public engagement will be critical for the success of the CAAP and Safety Element Update. Following the Safety Element Kick-off Meeting, Rincon will revise the CAAP Stakeholder Education and Engagement Plan to include Safety Element-related engagement.

The engagement effort will be designed to effectively build collaborative interest, identify common values and goals in the project direction given the diverse group of local stakeholders, and to bring new 18 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

participants into the conversation. To best accomplish this, our team will include several engagement methods as a part of the Stakeholder Education and Engagement Plan, as presented in more detail below. These will include a City Staff Working Group Meeting, Community Workshop, online community surveys, and City Council hearings.

Our goal is to design the community outreach to engage the public and community leaders in a fun and interactive way that will create a common vision and facilitate informed input into the CAAP and Safety Element Update process.

Task 2.2.1 Safety Element Webpage Content
Following the completion of Task 2.1.1, the CAAP website will be updated to include information about the Safety Element Update and point to the Glendale Safety Element webpage. Rincon will provide language for the City to use to update their Safety Element webpage. This will include an overview of the Safety Element and why it is being updated, the Safety Element Update schedule, and upcoming events. If the City would like a separate Safety Element Update website, similar to the CAAP website, Rincon can provide a scope and budget amendment to include a Safety Element website.

DELIVERABLES
▪ Website Safety Element draft content for City webpage ▪ Reference to the Safety Element Update webpage added to the CAAP website, including acknowledgement of climate change topics covered in the Safety Element Update and a link to the webpage.

Task 2.3.1 City Staff Working Group (1 Additional Session) Rincon will plan and facilitate one additional City Staff Working Group meeting that focuses on the Safety Element Update. The meeting will be used to review and refine the draft Safety Element policies and develop implementation actions.

ASSUMPTIONS
▪ The City will schedule the meetings and send invites. ▪ The City will print materials for all in-person events. ▪ Workshops will be up to two hours in length, and occur virtually. ▪ Two Rincon staff members will attend the meeting.

DELIVERABLES
▪ Materials and presentations for the City Staff Working Group Meeting, including PowerPoint presentation
▪ Summary/notes from the City Staff Working Group Meeting Task 2.4.1 Safety Element Community Workshop and Pop-up (1 Workshop & 1 Pop-up)
Rincon will plan and facilitate one additional Community Workshop and one additional pop-up event that focus exclusively on the Safety Element update. The community workshop will be in-person and will 19 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

provide an overview of the Safety Element, new Safety Element requirements, results from the Climate Change Vulnerability Assessment, and Safety Element policy topics. The Rincon Team will lead the workshop, develop presentations, and create interactive activities to engage participants. Rincon will also document the process and provide a summary memorandum to the City upon completion of the workshop. This task includes time and budget to coordinate with the City’s General Plan consultant, De Novo Planning Group, as well as the Hazard Mitigation Plan consultant, to showcase other related planning efforts at the community workshop, as appropriate.

Rincon will also lead a pop-up at an existing community event in the City to get feedback from members of the community traditionally underrepresented in government processes. Rincon will attend the popups, develop an interactive activity to solicit feedback at the event, and prepare up to 2 posters. Rincon will prepare a summary of input received.

ASSUMPTIONS
▪ The workshop will be 1.5 hours in length and occur in person. ▪ Two Rincon staff members will attend the workshop.
▪ Up to two Rincon staff will attend the pop-up event.

DELIVERABLES
▪ Agenda for community workshop
▪ Draft and Final Presentation for community workshop
▪ Up to 2 posters for community workshop and 2 posters for pop-up event ▪ Community workshop and pop-up event summary memorandums ▪ Social media language blurbs for the community workshop and pop-up event ▪ Interactive activities, sign-in sheets, and comment cards for the community workshop and pop-up event
Task 2.10.1 City Council Hearings (Safety Element)
Rincon assumes that the Safety Element Update will occur at the same time as the City Council Hearings for the Glendale CAAP. This scope includes time for one additional staff member to attend two public hearings and represent the Safety Element.

ASSUMPTIONS
▪ The City will print materials for all in-person events. ▪ One additional Rincon staff member will attend and present at up to two virtual public hearings for the CAAP and Safety Element update combined.

DELIVERABLES
▪ Attendance and participation at up to two public hearings for the CAAP and Safety Element update combined.
20 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

Task 11 Safety Element Update
California has prioritized mitigating climate change impacts and building more resilient communities.

Recently the California State Legislature has passed several bills that require Safety Elements to be updated (described below) to also account for these priorities. These new legislative bills require communities to prepare specific technical studies and develop policies that address vulnerable communities to climate change, emergency evacuation, and wildfire risks.

1. Senate Bill 99. Residential Emergency Evacuation Routes. Senate Bill 99 requires all cities and counties, upon the next revision of the housing element on or after January 1, 2020, to update the safety element to include information identifying residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.

2. Senate Bill 1035. General Plans. Senate Bill 1035 requires cities and counties to update their safety element during a housing element or local hazard mitigation plan update cycle, but not less than once every eight years, if new information on flood hazards, fire hazards, or climate adaptation or resilience is available that was not available during the previous revision of the safety element.

3. Senate Bill 379. Climate Adaptation. Senate Bill 379 requires all cities and counties to include climate adaptation and resiliency strategies in the safety elements of their general plans upon the next revision beginning January 1, 2017. The bill requires the climate adaptation update to include a set of goals, policies, and objectives for their communities based on the vulnerability assessment, as well as implementation measures, including the conservation and implementation of natural infrastructure that may be used in adaptation projects.

4. Senate Bill 1241. State Responsibility Areas and Very High Fire Severity Zones. The Senate Bill requires review and update of the safety element, upon the next revision of the housing element on or after January 1, 2014, as necessary to address the risk of fire in state responsibility areas and very high fire hazard severity zones. The specific requirements are codified in GC § 65302(g)(3) and 65302.5(b) and included as Attachment A to this memorandum.

5. Assembly Bill 747. Evacuation Routes. Assembly Bill 747 requires all cities and counties to identify evacuation routes in the safety elements of their general plans upon the next revision of their local hazard mitigation plan, beginning on or after January 1, 2022. The bill requires evaluation of evacuations route capacity, safety, and viability under a range of emergency scenarios. The safety element can be updated based on information included in an adopted local hazard mitigation plan, emergency operation plan, or other document provided the information fulfills the goals and objectives of the assembly bill requirements.

These new requirements allow for the Safety Element to be better designed for agencies to further implementation efforts to prevent increased hazard risk such as wildfire and urban heat as well as emergency response and evacuation. Because these topics are intertwined with climate mitigation and the focus of the CAAP, it’s best practice for these efforts to be coordinated, consistent, and presented to the community together. This also allows for the most effectiveness and efficiency in terms of staff resources, resulting in significant cost savings.

Task 11.1 Review of Existing Safety Element
Rincon will review the current version of the City’s Safety Element and identify necessary updates to bring it into compliance with government code 65302 (g) (1) and maintain consistency with the Office of Planning and Research (OPR) General Plan Guidelines for Required Elements (Chapter 4). Rincon will 21 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

provide a memorandum summarizing the most recent applicable legislation requirements, recommendations on how the City can comply with these requirements, and critical updates that will be needed for the existing Safety Element. This memorandum is intended to be used early in the project process as a foundation to facilitate staff and decision-maker buy-in throughout the development of the Safety Element.

ASSUMPTIONS
▪ Rincon will respond to and address one set of consolidated comments on the memorandum.

DELIVERABLES
▪ Draft Requirements for the Safety Element Update memorandum (electronic in PDF and Microsoft Word format)
▪ Final Requirements for the Safety Element Update memorandum (electronic in PDF and Microsoft Word format)
Task 11.2 Preparation of Technical Reports
Task 11.2.1 Evacuation Capacity Analysis
This analysis will focus on evaluating evacuations under two different evacuation scenarios. Kittelson will identify the estimated capacity of and travel times along the roadway system during an evacuation under baseline and project conditions. This information will be used to assess significant impacts to the roadway network and emergency operations in the case of an evacuation.

TASK A IDENTIFY EVACUATION SCENARIOS
All evacuation scenarios and assumptions will be verified with Rincon Consultants and City of Glendale staff including fire and emergency staff before proceeding with the analysis.

Task A.1 Identify the Evacuation Network
The study area is defined as the encompassing areas which would require evacuation under any of the evacuation scenarios. The evacuation routes would include highways and streets which would provide access to safe designated evacuation points.

Task A.2 Identify Evacuation Scenarios
Kittelson will evaluate up to two evacuation event scenarios. Possible scenarios include:
▪ Wildfire starting in a likely undeveloped area within or adjacent to Glendale ▪ Earthquake on a known fault
Each evacuation event will be modeled for the following scenarios:
▪ Existing Baseline conditions
▪ Cumulative conditions, including 2040 buildout of land uses allowable under the current adopted General Plan
22 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

Task A.3 Evacuation Assumptions
For the evacuation analysis, Kittelson will assume the worst-case scenario for the hour when the highest numbers of area residents, workers, and visitors need to evacuate. We will also use census data to determine auto-ownership information, persons per household, and employees per household that could affect the number of vehicles per household used during an evacuation event.

The primary evacuation destinations (up to three per scenario) will be proposed and agreed to with the consultant team and City. For each direction of evacuation, a set of percentage splits to specific routes will be assumed.

Task C.4 Meetings
The study area and all evacuation scenarios and assumptions will be confirmed with City of Glendale staff and fire and emergency planning officials. Kittelson will attend up to two, one-hour virtual meetings with City staff and stakeholders:

1. Kick-off Meeting and confirmation of Scope of Work

2. Define the study area and discuss assumptions on evacuation network and wildfire scenarios

TASK B EVACUATION ANALYSIS
Task B.1 Evacuation Volumes
Kittelson will apply the Glendale travel demand model for the evacuation analysis. For each evacuation scenario, the peak hour evacuation vehicle trips will be calculated for transportation analysis zones (TAZs) in the study area. These will be calculated as the number of occupied households or employment sites times the numbers of vehicles per site assumed for evacuation. The trips will be assumed to start in the TAZs that are being evacuated, ending at up to three representative evacuation destinations outside the evacuation area.

Within the travel model, the calculated evacuation trips will be substituted for the normal weekday peak hour origins and destinations within the study area. The revised trips, including all normal peak hour trips outside the evacuation area, will then be assigned to the available road network.

Task B.2 Impact Analysis
Kittelson will compare the results of the capacity and travel time analyses between the no evacuation and with evacuation conditions to assess the level of impact on the roadway network during an evacuation.

Kittelson will evaluate the roadway capacity on key segments by analyzing the volume-to-capacity (VC) ratios based on service volume tables described in the Highway Capacity Manual (HCM) 6th Edition methodology. The volume/capacity on key segments and travel times on selected origin-destination pairs will be reported without and with the evacuation conditions.

Kittelson will evaluate the travel times during an evacuation event by using the travel model estimations of congested times for key origin-destination pairs. The evacuation destinations will represent the edge of the evacuation area where evacuees can be assumed to be out of danger. This scope and budget assumes reporting for up to five origin areas and three destination areas (represented as travel model transportation analysis zones) for each scenario (total of 15 origin-destination pairs per scenario). 23 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

Task B.3 Mitigation
If there would be significant delays with the evacuation scenarios, mitigation measures will be proposed to ensure that all portions of the study area can be evacuated safely. These may include alternative evacuation routes, temporary traffic control measures or other mitigation.

Task B.4 Meetings
Kittelson will meet with City staff and stakeholders to discuss preliminary findings of the evacuation analysis, including results on evacuation trips, roadway capacity and travel times, and potential mitigation strategies as necessary. Kittelson will attend up to two one-hour virtual meetings for discussion of the analysis.

TASK C DOCUMENTATION
Kittelson will prepare a draft technical memorandum, incorporating the data, analysis, exhibits, and conclusions from the Task B Evacuation Analysis. Kittelson will incorporate one round of consolidated and non-contradictory set of comments on the memorandum and prepare and submit a final technical memorandum. All deliverables will be submitted electronically (PDF format). Kittelson will attend one one-hour virtual meeting to discuss comments on the draft technical memorandum to be incorporated into the final technical memorandum.

ASSUMPTIONS
▪ The total schedule to provide a complete technical memorandum is 12 weeks from the time of authorization of Task 11.2.1.
 Confirmation of assumptions described in Task A will require two weeks.  The draft analysis will be completed in six weeks following the confirmation of assumptions.  A draft technical memorandum will be provided in two weeks.  Response to comments on the draft memorandum will require two weeks. ▪ Kittelson and up to two Rincon staff will attend up to two, one-hour virtual meetings with City staff and stakeholders to kick off and confirm scope of work for Task 11.2.1. ▪ This scope and budget assumes reporting for up to five origin areas and three destination areas (represented as travel model transportation analysis zones) for each scenario (total of 15 origindestination pairs per scenario). ▪ Kittelson and up to two Rincon staff will attend up to two one-hour virtual meetings for discussion of the evacuation analysis.
▪ Kittelson and up to two Rincon staff will attend up to one one-hour virtual meeting to discuss comments on the draft technical memorandum to be incorporated into the final technical memorandum.

DELIVERABLES
▪ Draft Evacuation Analysis Memorandum in PDF format
▪ Final Evacuation Analysis Memorandum in PDF format
24 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

Task 11.2.2 Evacuation Map
To comply with recent Senate Bill 99, Rincon will coordinate with City emergency providers to develop a map that identifies residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes. Objectives, policies and implementing actions to address evacuation constraints will be identified for inclusion in the Safety Element Update.

ASSUMPTIONS
▪ City staff will identify roadways with evacuation constraints. ▪ Rincon will digitize and prepare a map for inclusion in the Safety Element Update.

DELIVERABLES
▪ Draft Evacuation Map (electronic in PDF)
Task 11.3 Draft and Final Safety Element
Task 11.3.1 Administrative Drafts
Rincon will update background information, associated maps, and regulatory context for the following topics currently included in the Safety Element: Flooding Hazards, Fire Hazards, and Disaster Preparedness, Recovery, and Emergency Response. During this process, Rincon will confirm that the background information and maps in the Seismic and Geologic Hazards section is up to date. Brief summaries regarding evacuation, wildfire risk and climate change based on the technical reports prepared under Task 11.2 will be added. Summary of climate change will be based on the climate change vulnerability assessment prepared as part of the CAAP. Historical data on floods and wildfires will be included. The Safety Element will also incorporate by reference recent relevant plans, including the City of Glendale Hazard Mitigation Plan currently undergoing an update.

There is no specific legislative trigger to update the Hazardous Materials, Terrorism, Civil Disturbance and Crime, and Dangerous Animals and Plants sections of the Safety Element. However, Rincon can provide additional scope and budget to update these sections, if desired.

Rincon will develop goals, objectives, policies and implementation actions to comply with state law and align with OPR’s General Plan Guidelines for Safety Element (Chapter 4) and CAL FIRE’s review checklist.

Policies will be clear, actionable, and aim to reduce risk and mitigate hazard impacts. New policies will be included to address evacuation, wildfire, and climate change vulnerabilities per the findings of the Glendale Hazard Mitigation Plan update (if available) and technical reports prepared under Task 11.2 and Task 3 Climate Change Community Assessment.

The Preliminary Draft would be an internal document that the City and applicable stakeholders would review and provide a consolidated set of comments on, outlining any requested revisions or updates, which would be incorporated by Rincon into the Administrative Draft Safety Element. Rincon will facilitate consultation with CAL FIRE and submit the Administrative Draft Safety Element to the California Board of Forestry and Fire Protection to ensure compliance with all state guidelines and requirements.

Rincon will prepare the Preliminary and Administrative Draft Safety Element in Microsoft Word, using the same format as recent General Plan element updates. 25 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

ASSUMPTIONS
▪ City to provide the most recent General Plan element Word template and GIS base map to ensure consistency.
▪ Rincon will reformat the Safety Element using the most recent General Plan element Word template provided by the City.
▪ Rincon will respond to and address one set of consolidated comments on the Preliminary Draft. ▪ Rincon will submit the Administrative Draft Safety Element to CAL FIRE and coordinate recommended revisions.
▪ One Rincon staff and one City staff will attend the California Board of Forestry meeting where the Safety Element will be reviewed.

DELIVERABLES
▪ One electronic copy of the Administrative Draft Safety Element in both PDF and Microsoft Word format
Task 11.3.2 Public Review Draft Safety Element
Rincon will respond to recommendations provided as a result of the Board of Forestry and Fire Protection review on the Administrative Draft Safety Element to then develop the Public Review Draft Safety Element. The Public Review Draft Safety Element will be posted to the City’s website. The Public Review Draft would be provided to the City and posted on the City’s website for the community and any additional stakeholders to review. Rincon assumes that the City would accept and combine all responses from the community and provide a consolidated set of comments outlining any requested revisions or updates to the Rincon team, which would be incorporated by Rincon into the Final Safety Element.

ASSUMPTIONS
▪ Rincon will respond to recommendations from the Board of Forestry and Fire Protection on the Public Review Draft.

DELIVERABLES
▪ One electronic copy of the Public Review Draft Safety Element in both PDF and Microsoft Word format
Task 11.3.3 Final Safety Element
Rincon will prepare an Adoption Draft of the Safety Element in response to public comments for the Planning Commission and City Council review and adoption. The Adoption Draft would be provided to the City in advance of the public hearing. Rincon assumes that the City would review the document and summarize any requested revisions into a consolidated set of comments outlining the requested revisions or updates, which would be incorporated by Rincon into the Adoption Draft Safety Element that would be presented at City Council for adoption. Following the public hearing, Rincon will prepare the Final Safety Element, which will be posted on the City’s website. Rincon assumes that the City would provide one consolidated set of comments outlining any revisions on the Adoption Draft of the Safety Element, which will be incorporated into the Final Safety Element. 26 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

ASSUMPTIONS
▪ Rincon will respond to and address one set of consolidated comments on the Public Review Draft. ▪ Rincon will respond to and address one set of consolidated comments on the Adoption Draft.

DELIVERABLES
▪ One Final Safety Element in both PDF and Microsoft Word format Task 10 CAAP CEQA IS
Task 10.5 Safety Element CEQA Analysis (combined with CAAP) Rincon proposes modifying the existing Task 10 established for the CAAP to combine the CAAP and Safety Element Update CEQA assessments. By combining the CAP and Safety Element program we will be able to evaluate both documents in a single CEQA document. In our experience an Initial StudyNegative Declaration (IS-ND) is typically sufficient programmatic CEQA documentation for a CAP and Safety Element due to the generally beneficial environmental impacts associated with the plan.

However, if it is determined that the policies in the CAP and Safety Element may result in potentially significant environmental impacts, a programmatic Environmental Impact Report (EIR) may be required and can be prepared as part of add services agreement. This scope includes additional hours to support a CEQA kickoff and AB 52 letters (see below), and time to include Safety Element CEQA analysis in the ISND CEQA Documentation scoped in the City of Glendale CAAP contract. ▪ CEQA Kickoff and AB 52 Letters. Rincon will hold a CEQA Kickoff Call with City staff and request the latest relevant Native American tribes list from the California Native American Heritage Commission (NAHC). Upon receipt of the tribes list from NAHC and internal approval of the CAP measures and actions list by the City, Rincon will prepare the AB 52 and SB 18 correspondence letters for the City to print on its letterhead and mail to the tribes.

Schedule and Cost
Schedule
The scope of work will be completed prior to June 30, 2024. Completing both the Climate Action and Adaptation Plan and the Safety Element together will ensure that the technical work and community engagement timing can be consolidated for a clear project schedule for the community. Below is the revised schedule including the Safety Element Update.
27 of 642
28 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

Cost
The proposed scope of services and associated costs are fully negotiable to meet the needs of the City.

The cost associated with tasks requested to the City currently totals $135,682.50. A summary of the proposed cost estimate by task is provided in Table 1 below. The following table shows the breakdown of labor hours and direct expenses associated with each task. Additional work not included within our proposed work program will be completed only upon written authorization in accordance with our standard fee schedule. No other services will be provided without your written authorization. This cost estimate is in effect for a period of 60 days during which time all the elements of this proposal are fully negotiable to meet the needs of the proposed project.
29 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

Table 1 Safety Element Update Cost Estimate
21-11575 Glendale CAAP + CEQA Rate Hours Labor Budget Direct Expenses Total Budget
Safety Element Scope Mod 486.00 102,719.00 32,963.50 135,682.50 Task 1: Project Orientation and Management 121.00 27,585.00 232.00 27,817.00 Task 1.7: Safety Element Virtual Kick-off Meeting 12.00 2,608.00 0.00 2,608.00 Principal 297.00 2.00 594.00
Supervisor Planner I 263.00 2.00 526.00
Planner IV 204.00 4.00 816.00
Planner II 168.00 4.00 672.00
Task 1.8: Safety Element Biweekly Check Ins and Project Management 85.00 19,373.00 0.00 19,373.00 Senior Principal 308.00 2.00 616.00
Principal 297.00 36.00 10,692.00
Supervisor Planner I 263.00 5.00 1,315.00
Planner IV 204.00 24.00 4,896.00
Admin Assistant/Billing Specialist 103.00 18.00 1,854.00 Task 1.9: Reconnaissance Tours 24.00 5,604.00 232.00 5,836.00 Supervisor Planner I 263.00 12.00 3,156.00
Planner IV 204.00 12.00 2,448.00
Expenses 232.00
Task 2: Stakeholder Education and Engagement Plan 163.00 34,243.00 170.30 34,413.30 Task 2.1.1: Stakeholder Education and Engagement Plan (Safety Element) 30.00 6,572.00 0.00 6,572.00
Senior Principal 308.00 2.00 616.00
Principal 297.00 6.00 1,782.00
Supervisor Planner I 263.00 2.00 526.00
Planner IV 204.00 8.00 1,632.00
Planner II 168.00 12.00 2,016.00
Task 2.2.1: Safety Element Webpage Content 17.00 3,451.00 0.00 3,451.00 Senior Principal 308.00 0.00 0.00
Principal 297.00 4.00 1,188.00
Planner IV 204.00 4.00 816.00
Planner II 168.00 8.00 1,344.00
Admin Assistant/Billing Specialist 103.00 1.00 103.00
Task 2.3.1: City Staff Working Group (1 Additional Session) 18.00 3,288.00 0.00 3,288.00 Senior Principal 308.00 0.00 0.00
Principal 297.00 2.00 594.00
Planner IV 204.00 4.00 816.00
Planner II 168.00 6.00 1,008.00
GIS/CADD Specialist I 145.00 6.00 870.00
Task 2.4.1: Safety Element Community Workshop and Pop-up (1 Workshop & 1 Pop-up) 84.00 16,960.00 170.30 17,130.30
Senior Principal 308.00 0.00 0.00
Principal 297.00 16.00 4,752.00
Planner IV 204.00 32.00 6,528.00
Planner II 168.00 20.00 3,360.00
GIS/CADD Specialist I 145.00 16.00 2,320.00
Travel - Mileage 170.30
Task 2.10.1: City Council Hearings (Safety Element) 14.00 3,972.00 0.00 3,972.00 Senior Principal 308.00 0.00 0.00
Principal 297.00 12.00 3,564.00
Planner IV 204.00 2.00 408.00
Planner II 168.00 0.00 0.00
Cost Estimate
RINCON CONSULTANTS, INC. 30 of 642
City of Glendale
Scope and Budget Modification to Prepare the City of Glendale Safety Element Update

Thank you for your consideration and for this opportunity to support your project. If you have any questions regarding this scope modification, please contact Reema Shakra at (213) 973-4209 or [email protected], or Erik Feldman at (805) 947-4841 or [email protected].

Sincerely,
Rincon Consultants, Inc.

Hannah Mize Reema Shakra
Project Manager Principal, AICP
Task 11: Safety Element Update 155.00 29,722.00 32,561.20 62,283.20 Task 11.1: Review of Existing Safety Element 20.00 4,372.00 0.00 4,372.00 Senior Principal 308.00 2.00 616.00
Principal 297.00 4.00 1,188.00
Planner IV 204.00 6.00 1,224.00
Planner II 168.00 8.00 1,344.00
Task 11.2: Preparation of Technical Reports 29.00 6,266.00 32,561.20 38,827.20 Senior Principal 308.00 1.00 308.00
Principal 297.00 8.00 2,376.00
Planner IV 204.00 10.00 2,040.00
Planner II 168.00 4.00 672.00
GIS/CADD Specialist I 145.00 6.00 870.00
Kittelson (Subconsultant) 32,561.20
Task 11.3: Draft and Final Safety Element 106.00 19,084.00 0.00 19,084.00 Senior Principal 308.00 2.00 616.00
Principal 297.00 8.00 2,376.00
Planner IV 204.00 24.00 4,896.00
Planner II 168.00 48.00 8,064.00
GIS/CADD Specialist I 145.00 12.00 1,740.00
Production Specialist I 116.00 12.00 1,392.00
Task 10.5: Safety Element CEQA Analysis (combined with CAAP) 47.00 11,169.00 0.00 11,169.00 Director 297.00 16.00 4,752.00
Principal 297.00 1.00 297.00
Planner IV 204.00 30.00 6,120.00
Project Total 486.00 102,719.00 32,963.50 135,682.50
31 of 642
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF GLENDALE AMENDING
TITLE 8, CHAPTER 8.42 OF THE GLENDALE MUNICIPAL CODE,
1995, TO PROHIBIT THE USE OF POLYSTYRENE PRODUCTS

AND SINGLE-USE PLASTICS
WHEREAS, on April 6, 2021, the City Council adopted Ordinance No. 5964 regulating the use of polystyrene and single-use plastics which was principally focused on prohibiting the use of non-compostable disposable food service ware in city departments, and by city contractors, agents, and employees at certain city events; and
WHEREAS, Ordinance No. 5964 also required food and beverage providers serving food at a city event to provide compostable disposable straws and utensils upon request only, and allowed food and beverage providers to dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events; and
WHEREAS, on September 21, 2021, the City Council adopted Ordinance No. 5973 implementing regulations on the distribution of disposable foodware accessories by food and beverage facilities; and WHEREAS, on January 10, 2023, the City Council considered the introduction of a comprehensive plastic waste reduction ordinance that would repeal and replace Ordinance No. 5964 regulating “Polystyrene and Single Use Plastics” set forth in Glendale Municipal Code, 1995, Chapter 8.42; and WHEREAS, the City Council also directed staff to amend Chapter 8.42 to extend certain regulations on the use of polystyrene products to a city-wide basis and to undertake certain public education programs.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
32 of 642
SECTION 2. Title 8 of the Glendale Municipal Code, 1995, Chapter 8.42 is hereby amended and restated in its entirety to read as follows:

CHAPTER 8.42

POLYSTYRENE AND SINGLE-USE PLASTIC PRODUCTS

8.42.010 Purpose and findings.

8.42.020 Definitions.

8.42.030 Prohibition on use of non-compostable food
service ware at city facilities and city events.

8.42.035 Prohibition on the use, distribution or sale of polystyrene foodware, coolers, packing materials,
egg cartons, and produce, meat and fish trays.

8.42.045 Exemptions.

8.42.050 Appeals.

8.42.055 Violations and penalties.

8.42.010. Purpose and findings.

The City Council finds and declares that:

A. As set forth in California Public Resources Code Section 42355, the state Legislature recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs.

B. The state Legislature further declared its intent to ensure that environmental marketing claims, including claims of biodegradation of plastics, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment.

C. Plastics synthesized from petroleum and natural gas do not biodegrade.

Even with the emergence of bioplastics, which are derived from renewable biomass sources, such as plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.

D. Despite continued efforts, and the current availability of non-plastic, 33 of 642
compostable alternatives, the city continues to see littered plastic, namely plastic straws, stirrers, takeout containers, cups, lids and cutlery. Plastic straws, stirrers, take out containers, cups, lids and cutlery are generally made from polystyrene or polypropylene. The city intends to set a positive example through the adoption of this ordinance, that all disposable, single use food service ware, as defined herein, at citymanaged events, city run concessions and city-sponsored events where prepared food is served, must be compostable to reduce or eliminate the amount of disposable food service ware sent to the landfill and the amount of plastic pollution in the ocean.

E. Adoption of additional prohibitions on the use and distribution of polystyrene and single use plastics will be brought back for City Council consideration following completing of further public outreach and education.

8.42.020. Definitions.
“Affected Retail Establishment” means any retail establishment located within or doing business within the geographical limits of the city. “Aseptic Paper Packaging” means shelf-safe packaging that typically contains layers of paper, plastic, and aluminum.
“Beverage” means a consumable drink in a sealed box, bag, can, bottle, or other container of any size, and including, but are not limited to, alcohol, coffee, energy drinks, milk, soy milk, nut milk, juice, soda, soft drinks, sports drinks, tea, yogurt drinks, water, carbonated water, and flavored water.
“Beverage Provider” means any business, organization, entity, group, or individual that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to its members or to the public for consumption. "Bioplastic" means a type of biodegradable plastic derived from biological substances rather than from petroleum.
“City” means the city of Glendale, California, a municipal corporation. “Citywide” means including or involving all parts of the city. "City concession" means a concession that is either operated by city 34 of 642
employees, that is permitted by the city and operated by third-parties, or is a concessionaire hired by the city.
"City contractor" means any person that enters into an agreement with the city to furnish products or services to or for the city.
"City facility" means any building, structure, property, park, open space, or vehicle, owned or leased by the city.
"City event" means collectively, any city-managed event, city concession, citysponsored event, as defined herein, or city meeting that is organized, operated, managed or sponsored, in whole or in part, by the city or any department of the city.
"City-managed event" means any event located at a city facility which the city manages and or operates either directly through city employees or through a vendor hired by the city.
“City-sponsored event” means any event, activity or meeting organized or sponsored, in whole or in part by the city or any department of the city. "Compostable" means that all the material in a product or package will disintegrate or break down, or otherwise become part of, usable compost (e.g., soil-conditioning material or mulch) in a safe and timely manner. Compostable material must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM D6868 for composability or cellulose-based packaging capable of being decomposed through composting or anaerobic digestion. "Customer" means any person obtaining goods from an affected retail establishment, vendor or non-profit vendor.
"Disposable food service ware" or "Disposables" means single-use, disposable products used for serving, consuming or transporting prepared food and or beverage (excepting sealed, pre-packaged beverages, e.g., water bottles), including, but not limited to, plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, straws, lids, cutlery, utensils, stirrers, lid plugs (splash sticks), or any container in or on which prepared food or beverages are placed, packaged or served for consumption. "Food or beverage provider" means any business, organization, entity, group or individual, that provides or sells prepared food.
35 of 642
“Foodware” or “Food service ware” means all containers, utensils, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including without limitation, foodware for takeout foods and or leftovers from partially consumed meals prepared by food or beverage providers. "Non-Profit vendor" means a recognized tax exempt organization which provides goods as a part of its services.
“Person” means any person, business, corporation, or event organizer or promoter; public, non-profit or private entity, agency or institution; or partnership, association, or other organization or group, however organized. “Plastic beverage bottle” means any formed or molded beverage container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single-service container.
"Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, rigid polystyrene and expanded polystyrene, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or 'PS,' either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a resin code.
“Polystyrene Cooler” means any cooler or ice chest made of polystyrene material, where such material is not fully encased in another durable material. "Prepared food and beverages" means any food or beverage prepared using any cooking or food preparation technique and which is offered for consumption at a city event.
"Produce tray" means any tray or carton for vegetable, fruit, or eggs sold to consumers from a refrigerator case or similar retail appliance. "Raw food" means any uncooked meat, fish, poultry, vegetable, fruit, or egg. "Recyclable" means material that can be sorted, cleansed, and reconstituted 36 of 642
using the city’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. “Resin code” means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling. "Retail establishment" means any commercial business facility that sells goods directly to the ultimate consumer including, but not limited to, grocery stores, pharmacies, liquor stores, "mini-marts," and retail stores and vendors selling clothing, food and personal items.
"Single use plastics" means any plastics and goods that are derived primarily from fossil fuel-based chemicals (petrochemicals) and are meant to be used once and disposed.
"Vegetable, meat or fish tray" means a polystyrene tray used for raw food sold to consumers from a refrigerator case or similar retail appliance. "Vendor" means any store, shop, restaurant, sales outlet, mobile food vendor, pushcart, or other commercial establishment located within or doing business within the city which provides perishable or nonperishable goods.

8.42.030. Prohibition on use of non-compostable food service ware at city facilities and city events.

A. Except as otherwise provided in this chapter, all disposable food service ware that food or beverage providers use to serve prepared food and beverages at a city event must be compostable.

B. The city, its departments, contractors, agents and employees acting in their official capacity, shall not purchase, acquire or distribute for public use noncompostable food service ware for use at city event.

C. A food and beverage provider serving food at a city event shall provide compostable disposable straws and utensils upon request only.

D. Food and beverage providers may dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events.

8.42.035. Prohibition on the use, distribution, and sale of polystyrene foodware, coolers, packing materials, egg cartons, and produce, 37 of 642
meat or fish trays.

A. No food or beverage provider shall use, distribute, or sell any polystyrene foodware in conjunction with the sale of prepared food, raw food, or beverages at any location within the city.

B. No person shall sell or distribute any polystyrene foodware or polystyrene coolers at any location within the city.

C. No vendor in the city shall sell, distribute or use polystyrene packing material composed in whole or in part from polystyrene, including, but not limited to, foam peanuts, packing peanuts, foam popcorn, or packing noodles within the city.

D. No person may sell, distribute, or use within the city any produce, meat and or fish trays, and or egg cartons made, in whole or in part, from polystyrene.

E. Food and beverage providers that distribute prepared food or raw food or beverages in disposable foodware or disposable foodware accessories shall:

1. Not distribute disposables that exhibit resin code “No. 6” or “PS”.

2. Maintain documentation about the composition of the disposable foodware or disposable foodware accessories. Such documentation shall include information from the either the supplier, the manufacturer, or bulk packaging for the disposables, and information which demonstrates the disposable material is not composed of polystyrene.

F. City employees, contractors, agents, and officers acting in their official capacity, shall not purchase, use, or distribute products composed in part or in whole of polystyrene.

8.42.040. Exemptions.
38 of 642
A. The following are exempt from the provisions of this chapter:

1. Coolers and ice chests, other than those defined as polystyrene coolers in this chapter.

2. Food brought by individuals for personal consumption.

3. During a locally declared emergency, the city, emergency response agencies operating within the city, users of city facilities, and food and beverage providers shall be exempt from the provisions of this chapter.

4. Food or beverage provider that provides or distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food or beverage providers that are obligated to purchase or have purchased polystyrene food or beverage service ware under a contract entered within the year prior to the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The city manager or designee may exempt any person from section 8.42.030 of this code, as follows:

1. A request for an exemption shall be filed in writing with the city manager or designee and shall include documentation supporting the reason for the claimed exemption and shall include any other information necessary for the city manager or designee to make a decision. The city manager or designee may require the applicant to provide additional information to in order to make an exemption determination. Applicants shall promptly provide additional information requested by the city manager or designee. Failure to provide such additional information may result in the denial of an exemption request.

2. The city manager or designee may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered.

Undue hardship includes, but is not limited to, situations where:
a. There are no reasonable alternatives to polystyrene food service ware for reasons that are unique to the applicant; or
b. Compliance with the requirements of this chapter would deprive a person of a legally protected right.

8.42.045. Appeals.
39 of 642
A decision of the city manager or designee on exemption applications shall become final fifteen (15) days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of chapter 2.88 of this code relating to the uniform appeal procedure.

8.42.050. Violations and penalties.

A. Administrative enforcement. The provisions of this chapter may be enforced through the issuance of administrative citation process set forth in Chapter 1.24 of this code. Violators will receive one written warning notice of violation. Thereafter, violators would be subject to an administrative fine of $100 for a second violation within one (1) year, $200 for a third violation within one (1) year and $500 for each subsequent violation within one (1) year, The imposition of administrative fines are set by resolution of the city council and may be modified from time to time.

B. Criminal Enforcement. The provisions of this chapter may also be enforced through the criminal prosecution process. Any person who is convicted of violating this chapter shall be guilty of an infraction and upon conviction shall be punished pursuant to Chapter 1.20 of this code. In addition, no permits or license for uses or purposes where the same would violate the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions of this title, shall be null and void.

SECTION 3. Compliance with California Environmental Quality Act.

The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations (the CEQA Guidelines) because the adoption of this ordinance is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may be a significant effect of the environment, therefore the activity is not subject to the requirements of CEQA. The City Council also finds and determines that the action is exempt pursuant to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for the Protection of the Environment), because these regulations involve the imposition of regulations for the protection of the environment through the reduction of plastic wastes, which include polystyrene, polystyrene packaging materials, single use plastics, from entering the waste stream, and from entering the environment. 40 of 642
SECTION 4. Severability.

This Ordinance is adopted under the authority of the Charter of the City of Glendale and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect anyremaining provision hereof. In this regard the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.

SECTION 5. Effective Date.

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

Mayor
ATTEST:

City Clerk
41 of 642

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, certify that the foregoing Ordinance No. was passed by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2023, and that
the same was passed by the following vote:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
42 of 642
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF GLENDALE AMENDING
TITLE 8, CHAPTER 8.42 OF THE GLENDALE MUNICIPAL CODE,
1995, TO PROHIBIT THE USE OF POLYSTYRENE PRODUCTS

AND SINGLE-USE PLASTICS
WHEREAS, on April 6, 2021, the City Council adopted Ordinance No. 5964 regulating the use of polystyrene and single-use plastics which was principally focused on prohibiting the use of non-compostable disposable food service ware in city departments, and by city contractors, agents, and employees at certain city events; and
WHEREAS, Ordinance No. 5964 also required food and beverage providers serving food at a city event to provide compostable disposable straws and utensils upon request only, and allowed food and beverage providers to dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events; and
WHEREAS, on September 21, 2021, the City Council adopted Ordinance No. 5973 implementing regulations on the distribution of disposable foodware accessories by food and beverage facilities; and WHEREAS, on January 10, 2023, the City Council considered the introduction of a comprehensive plastic waste reduction ordinance that would repeal and replace Ordinance No. 5964 regulating “Polystyrene and Single Use Plastics” set forth in Glendale Municipal Code, 1995, Chapter 8.42; and WHEREAS, the City Council also directed staff to amend Chapter 8.42 to extend certain regulations on the use of polystyrene products to a city-wide basis and to undertake certain public education programs.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
43 of 642
SECTION 2. Title 8 of the Glendale Municipal Code, 1995, Chapter 8.42 is hereby amended and restated in its entirety to read as follows:

CHAPTER 8.42

POLYSTYRENE AND SINGLE-USE PLASTIC PRODUCTS

8.42.010 Purpose and findings.

8.42.020 Definitions.

8.42.030 Prohibition on use of non-compostable food
service ware at city facilities and city events.

8.42.035 Prohibition on the use, distribution or sale of polystyrene foodware, coolers, packing materials,
egg cartons, and produce, meat and fish trays.

8.42.040 Single-use beverage bottles.

8.42.045 Exemptions.

8.42.050 Appeals.

8.42.055 Violations and penalties.

8.42.010. Purpose and findings.

The City Council finds and declares that:

A. As set forth in California Public Resources Code Section 42355, the state Legislature recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs.

B. The state Legislature further declared its intent to ensure that environmental marketing claims, including claims of biodegradation of plastics, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment.

C. Plastics synthesized from petroleum and natural gas do not biodegrade.

Even with the emergence of bioplastics, which are derived from renewable biomass sources, such as plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.

D. Despite continued efforts, and the current availability of non-plastic, 44 of 642
compostable alternatives, the city continues to see littered plastic, namely plastic straws, stirrers, takeout containers, cups, lids and cutlery. Plastic straws, stirrers, take out containers, cups, lids and cutlery are generally made from polystyrene or polypropylene. The city intends to set a positive example through the adoption of this ordinance, that all disposable, single use food service ware, as defined herein, at citymanaged events, city run concessions and city-sponsored events where prepared food is served, must be compostable to reduce or eliminate the amount of disposable food service ware sent to the landfill and the amount of plastic pollution in the ocean.

E. Adoption of additional prohibitions on the use and distribution of polystyrene and single use plastics will be brought back for City Council consideration following completing of further public outreach and education.

8.42.020. Definitions.
“Affected Retail Establishment” means any retail establishment located within or doing business within the geographical limits of the city. “Aseptic Paper Packaging” means shelf-safe packaging that typically contains layers of paper, plastic, and aluminum.
“Beverage” means a consumable drink in a sealed box, bag, can, bottle, or other container of any size, and including, but are not limited to, alcohol, coffee, energy drinks, milk, soy milk, nut milk, juice, soda, soft drinks, sports drinks, tea, yogurt drinks, water, carbonated water, and flavored water.
“Beverage Provider” means any business, organization, entity, group, or individual that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to its members or to the public for consumption. "Bioplastic" means a type of biodegradable plastic derived from biological substances rather than from petroleum.
“City” means the city of Glendale, California, a municipal corporation. “Citywide” means including or involving all parts of the city. "City concession" means a concession that is either operated by city 45 of 642
employees, that is permitted by the city and operated by third-parties, or is a concessionaire hired by the city.
"City contractor" means any person that enters into an agreement with the city to furnish products or services to or for the city.
"City facility" means any building, structure, property, park, open space, or vehicle, owned or leased by the city.
"City event" means collectively, any city-managed event, city concession, citysponsored event, as defined herein, or city meeting that is organized, operated, managed or sponsored, in whole or in part, by the city or any department of the city.
"City-managed event" means any event located at a city facility which the city manages and or operates either directly through city employees or through a vendor hired by the city.
“City-sponsored event” means any event, activity or meeting organized or sponsored, in whole or in part by the city or any department of the city. "Compostable" means that all the material in a product or package will disintegrate or break down, or otherwise become part of, usable compost (e.g., soil-conditioning material or mulch) in a safe and timely manner. Compostable material must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM D6868 for composability or cellulose-based packaging capable of being decomposed through composting or anaerobic digestion. "Customer" means any person obtaining goods from an affected retail establishment, vendor or non-profit vendor.
"Disposable food service ware" or "Disposables" means single-use, disposable products used for serving, consuming or transporting prepared food and or beverage (excepting sealed, pre-packaged beverages, e.g., water bottles), including, but not limited to, plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, straws, lids, cutlery, utensils, stirrers, lid plugs (splash sticks), or any container in or on which prepared food or beverages are placed, packaged or served for consumption. "Food or beverage provider" means any business, organization, entity, group or individual, that provides or sells prepared food.
46 of 642
“Foodware” or “Food service ware” means all containers, utensils, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including without limitation, foodware for takeout foods and or leftovers from partially consumed meals prepared by food or beverage providers. "Non-Profit vendor" means a recognized tax exempt organization which provides goods as a part of its services.
“Person” means any person, business, corporation, or event organizer or promoter; public, non-profit or private entity, agency or institution; or partnership, association, or other organization or group, however organized. “Plastic beverage bottle” means any formed or molded beverage container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single-service container.
"Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, rigid polystyrene and expanded polystyrene, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or 'PS,' either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a resin code.
“Polystyrene Cooler” means any cooler or ice chest made of polystyrene material, where such material is not fully encased in another durable material. "Prepared food and beverages" means any food or beverage prepared using any cooking or food preparation technique and which is offered for consumption at a city event.
"Produce tray" means any tray or carton for vegetable, fruit, or eggs sold to consumers from a refrigerator case or similar retail appliance. "Raw food" means any uncooked meat, fish, poultry, vegetable, fruit, or egg. "Recyclable" means material that can be sorted, cleansed, and reconstituted 47 of 642
using the city’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. “Resin code” means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling. "Retail establishment" means any commercial business facility that sells goods directly to the ultimate consumer including, but not limited to, grocery stores, pharmacies, liquor stores, "mini-marts," and retail stores and vendors selling clothing, food and personal items.
"Single use plastics" means any plastics and goods that are derived primarily from fossil fuel-based chemicals (petrochemicals) and are meant to be used once and disposed.
"Vegetable, meat or fish tray" means a polystyrene tray used for raw food sold to consumers from a refrigerator case or similar retail appliance. "Vendor" means any store, shop, restaurant, sales outlet, mobile food vendor, pushcart, or other commercial establishment located within or doing business within the city which provides perishable or nonperishable goods.

8.42.030. Prohibition on use of non-compostable food service ware at city facilities and city events.

A. Except as otherwise provided in this chapter, all disposable food service ware that food or beverage providers use to serve prepared food and beverages at a city event must be compostable.

B. The city, its departments, contractors, agents and employees acting in their official capacity, shall not purchase, acquire or distribute for public use noncompostable food service ware for use at city event.

C. A food and beverage provider serving food at a city event shall provide compostable disposable straws and utensils upon request only.

D. Food and beverage providers may dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events.

8.42.035. Prohibition on the use, distribution, and sale of polystyrene foodware, coolers, packing materials, egg cartons, and produce, 48 of 642
meat or fish trays.

A. No food or beverage provider shall use, distribute, or sell any polystyrene foodware in conjunction with the sale of prepared food, raw food, or beverages at any location within the city.

B. No person shall sell or distribute any polystyrene foodware or polystyrene coolers at any location within the city.

C. No vendor in the city shall sell, distribute or use polystyrene packing material composed in whole or in part from polystyrene, including, but not limited to, foam peanuts, packing peanuts, foam popcorn, or packing noodles within the city.

D. No person may sell, distribute, or use within the city any produce, meat and or fish trays, and or egg cartons made, in whole or in part, from polystyrene.

E. Food and beverage providers that distribute prepared food or raw food or beverages in disposable foodware or disposable foodware accessories shall:

1. Not distribute disposables that exhibit resin code “No. 6” or “PS”.

2. Maintain documentation about the composition of the disposable foodware or disposable foodware accessories. Such documentation shall include information from the either the supplier, the manufacturer, or bulk packaging for the disposables, and information which demonstrates the disposable material is not composed of polystyrene.

F. City employees, contractors, agents, and officers acting in their official capacity, shall not purchase, use, or distribute products composed in part or in whole of polystyrene.

8.42.040. Single Use Beverage Bottles.

No city employee, representative, contractor, agent, or official shall use, sell, distribute, or otherwise provide any single-use plastic beverage bottle or aseptic paper packaging while acting on behalf of the city or while acting pursuant to a city contract or agreement. Provided, however, city employees, representatives, contractors, agencies or officials are not prohibited from bringing their own food or beverages for personal consumption while acting on behalf of the city or while acting pursuant to city contract or agreement.

8.42.045. Exemptions.
49 of 642
A. The following are exempt from the provisions of this chapter:

1. Coolers and ice chests, other than those defined as polystyrene coolers in this chapter.

2. Food brought by individuals for personal consumption.

3. During a locally declared emergency, the city, emergency response agencies operating within the city, users of city facilities, and food and beverage providers shall be exempt from the provisions of this chapter.

4. Food or beverage provider that provides or distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food or beverage providers that are obligated to purchase or have purchased polystyrene food or beverage service ware under a contract entered within the year prior to the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The city manager or designee may exempt any person from section 8.42.030 of this code, as follows:

1. A request for an exemption shall be filed in writing with the city manager or designee and shall include documentation supporting the reason for the claimed exemption and shall include any other information necessary for the city manager or designee to make a decision. The city manager or designee may require the applicant to provide additional information to in order to make an exemption determination. Applicants shall promptly provide additional information requested by the city manager or designee. Failure to provide such additional information may result in the denial of an exemption request.

2. The city manager or designee may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered.

Undue hardship includes, but is not limited to, situations where:
a. There are no reasonable alternatives to polystyrene food service ware for reasons that are unique to the applicant; or
b. Compliance with the requirements of this chapter would deprive a person of a legally protected right.

8.42.050. Appeals.
50 of 642
A decision of the city manager or designee on exemption applications shall become final fifteen (15) days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of chapter 2.88 of this code relating to the uniform appeal procedure.

8.42.055. Violations and penalties.

A. Administrative enforcement. The provisions of this chapter may be enforced through the issuance of administrative citation process set forth in Chapter 1.24 of this code. Violators will receive one written warning notice of violation. Thereafter, violators would be subject to an administrative fine of $100 for a second violation within one (1) year, $200 for a third violation within one (1) year and $500 for each subsequent violation within one (1) year, The imposition of administrative fines are set by resolution of the city council and may be modified from time to time.

B. Criminal Enforcement. The provisions of this chapter may also be enforced through the criminal prosecution process. Any person who is convicted of violating this chapter shall be guilty of an infraction and upon conviction shall be punished pursuant to Chapter 1.20 of this code. In addition, no permits or license for uses or purposes where the same would violate the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions of this title, shall be null and void.

SECTION 3. Compliance with California Environmental Quality Act.

The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations (the CEQA Guidelines) because the adoption of this ordinance is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may be a significant effect of the environment, therefore the activity is not subject to the requirements of CEQA. The City Council also finds and determines that the action is exempt pursuant to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for the Protection of the Environment), because these regulations involve the imposition of regulations for the protection of the environment through the reduction of plastic wastes, which include polystyrene, polystyrene packaging materials, single use plastics, from entering the waste stream, and from entering the environment. 51 of 642
SECTION 4. Severability.

This Ordinance is adopted under the authority of the Charter of the City of Glendale and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect anyremaining provision hereof. In this regard the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.

SECTION 5. Effective Date.

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

Mayor
ATTEST:

City Clerk
52 of 642

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, certify that the foregoing Ordinance No. was passed by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2023, and that
the same was passed by the following vote:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
53 of 642
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF GLENDALE AMENDING
TITLE 8, CHAPTER 8.42 OF THE GLENDALE MUNICIPAL CODE,
1995, TO PROHIBIT THE USE OF POLYSTYRENE PRODUCTS

AND SINGLE-USE PLASTICS
WHEREAS, on April 6, 2021, the City Council adopted Ordinance No. 5964 regulating the use of polystyrene and single-use plastics which was principally focused on prohibiting the use of non-marine degradablecompostable disposable food service ware in city departments, and by city contractors, agents, and employees at certain city events; and WHEREAS, Ordinance No. 5964 also required food and beverage providers serving food at a city event to provide marine degradablecompostable disposable straws and utensils upon request only, and allowed food and beverage providers to dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events; and WHEREAS, on September 21, 2021, the City Council adopted Ordinance No. 5973 implementing regulations on the distribution of disposable foodware accessories by food and beverage facilities; and WHEREAS, on January 10, 2023, the City Council considered the introduction of a comprehensive plastic waste reduction ordinance that would repeal and replace Ordinance No. 5964 regulating “Polystyrene and Single Use Plastics” set forth in Glendale Municipal Code, 1995, Chapter 8.42; and WHEREAS, the City Council also directed staff to amend Chapter 8.42 to extend certain regulations on the use of polystyrene products to a city-wide basis and to undertake certain public education programs.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
54 of 642
SECTION 2. Title 8 of the Glendale Municipal Code, 1995, Chapter 8.42 is hereby amended and restated in its entirety to read as follows:

CHAPTER 8.42

POLYSTYRENE AND SINGLE-USE PLASTIC PRODUCTS

8.42.010 Purpose and findings.

8.42.020 Definitions.

8.42.030 Prohibition on use of non-marine degradablecompostable food service ware at city facilities and city events.

8.42.035 Prohibition on the use, distribution or sale of polystyrene foodware, coolers, packing materials,
egg cartons, and produce, meat and fish trays.

8.42.040 Single-use beverage bottles.

8.42.045 Exemptions.

8.42.050 Appeals.

8.42.055 Violations and penalties.

8.42.010. Purpose and findings.

The City Council finds and declares that:

A. As set forth in California Public Resources Code Section 42355, the state Legislature recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs.

B. The state Legislature further declared its intent to ensure that environmental marketing claims, including claims of biodegradation of plastics, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment.

C. Plastics synthesized from petroleum and natural gas do not biodegrade.

Even with the emergence of bioplastics, which are derived from renewable biomass sources, such as plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.

D. Despite continued efforts, and the current availability of non-plastic, 55 of 642
compostable alternatives, the city continues to see littered plastic, namely plastic straws, stirrers, takeout containers, cups, lids and cutlery. Plastic straws, stirrers, take out containers, cups, lids and cutlery are generally made from polystyrene or polypropylene. The city intends to set a positive example through the adoption of this ordinance, that all disposable, single use food service ware, as defined herein, at citymanaged events, city run concessions and city-sponsored events where prepared food is served, must be marine-degradablecompostable to reduce or eliminate the amount of disposable food service ware sent to the landfill and the amount of plastic pollution in the ocean.

E. Adoption of additional prohibitions on the use and distribution of polystyrene and single use plastics will be brought back for City Council consideration following completing of further public outreach and education.

8.42.020. Definitions.
“Affected Retail Establishment” means any retail establishment located within or doing business within the geographical limits of the city. “Aseptic Paper Packaging” means shelf-safe packaging that typically contains layers of paper, plastic, and aluminum.
“Beverage” means a consumable drink in a sealed box, bag, can, bottle, or other container of any size, and including, but are not limited to, alcohol, coffee, energy drinks, milk, soy milk, nut milk, juice, soda, soft drinks, sports drinks, tea, yogurt drinks, water, carbonated water, and flavored water.
“Beverage Provider” means any business, organization, entity, group, or individual that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to its members or to the public for consumption. "Bioplastic" means a type of biodegradable plastic derived from biological substances rather than from petroleum.
“City” means the city of Glendale, California, a municipal corporation. “Citywide” means including or involving all parts of the city. "City concession" means a concession that is either operated by city 56 of 642
employees, that is permitted by the city and operated by third-parties, or is a concessionaire hired by the city.
"City contractor" means any person that enters into an agreement with the city to furnish products or services to or for the city.
"City facility" means any building, structure, property, park, open space, or vehicle, owned or leased by the city.
"City event" means collectively, any city-managed event, city concession, citysponsored event, as defined herein, or city meeting that is organized, operated, managed or sponsored, in whole or in part, by the city or any department of the city.
"City-managed event" means any event located at a city facility which the city manages and or operates either directly through city employees or through a vendor hired by the city.
“City-sponsored event” means any event, activity or meeting organized or sponsored, in whole or in part by the city or any department of the city. "Compostable" means that all the material in a product or package will disintegrate or break down, or otherwise become part of, usable compost (e.g., soil-conditioning material or mulch) in a safe and timely manner. Compostable material must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM D6868 for composability or cellulose-based packaging capable of being decomposed through composting or anaerobic digestion. "Customer" means any person obtaining goods from an affected retail establishment, vendor or non-profit vendor.
"Disposable food service ware" or "Disposables" means single-use, disposable products used for serving, consuming or transporting prepared food and or beverage (excepting sealed, pre-packaged beverages, e.g., water bottles), including, but not limited to, plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, straws, lids, cutlery, utensils, stirrers, lid plugs (splash sticks), or any container in or on which prepared food or beverages are placed, packaged or served for consumption. "Food or beverage provider" means any business, organization, entity, group or individual, that provides or sells prepared food.
57 of 642
“Foodware” or “Food service ware” means all containers, utensils, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including without limitation, foodware for takeout foods and or leftovers from partially consumed meals prepared by food or beverage providers. "Non-Profit vendor" means a recognized tax exempt organization which provides goods as a part of its services.
“Person” means any person, business, corporation, or event organizer or promoter; public, non-profit or private entity, agency or institution; or partnership, association, or other organization or group, however organized. “Plastic beverage bottle” means any formed or molded beverage container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single-service container.
"Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, rigid polystyrene and expanded polystyrene, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or 'PS,' either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a resin code.
“Polystyrene Cooler” means any cooler or ice chest made of polystyrene material, where such material is not fully encased in another durable material. "Prepared food and beverages" means any food or beverage prepared using any cooking or food preparation technique and which is offered for consumption at a city event.
"Produce tray" means any tray or carton for vegetable, fruit, or eggs sold to consumers from a refrigerator case or similar retail appliance. "Raw food" means any uncooked meat, fish, poultry, vegetable, fruit, or egg. "Recyclable" means material that can be sorted, cleansed, and reconstituted 58 of 642
using the city’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. “Resin code” means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling. "Retail establishment" means any commercial business facility that sells goods directly to the ultimate consumer including, but not limited to, grocery stores, pharmacies, liquor stores, "mini-marts," and retail stores and vendors selling clothing, food and personal items.
"Single use plastics" means any plastics and goods that are derived primarily from fossil fuel-based chemicals (petrochemicals) and are meant to be used once and disposed.
"Vegetable, meat or fish tray" means a polystyrene tray used for raw food sold to consumers from a refrigerator case or similar retail appliance. "Vendor" means any store, shop, restaurant, sales outlet, mobile food vendor, pushcart, or other commercial establishment located within or doing business within the city which provides perishable or nonperishable goods.

8.42.030. Prohibition on use of non-marine degradablecompostable food service ware at city facilities and city events.

A. Except as otherwise provided in this chapter, all disposable food service ware that food or beverage providers use to serve prepared food and beverages at a city event must be marine-degradablecompostable.

B. The city, its departments, contractors, agents and employees acting in their official capacity, shall not purchase, acquire or distribute for public use nonmarine degradablecompostable food service ware for use at city event.

C. A food and beverage provider serving food at a city event shall provide marine degradablecompostable disposable straws and utensils upon request only.

D. Food and beverage providers may dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events.

8.42.035. Prohibition on the use, distribution, and sale of polystyrene foodware, coolers, packing materials, egg cartons, and produce, 59 of 642
meat or fish trays.

A. No food or beverage provider shall use, distribute, or sell any polystyrene foodware in conjunction with the sale of prepared food, raw food, or beverages at any location within the city.

B. No person shall sell or distribute any polystyrene foodware or polystyrene coolers at any location within the city.

C. No vendor in the city shall sell, distribute or use polystyrene packing material composed in whole or in part from polystyrene, including, but not limited to, foam peanuts, packing peanuts, foam popcorn, or packing noodles within the city.

D. No person may sell, distribute, or use within the city any produce, meat and or fish trays, and or egg cartons made, in whole or in part, from polystyrene.

E. Food and beverage providers that distribute prepared food or raw food or beverages in disposable foodware or disposable foodware accessories shall:

1. Not distribute disposables that exhibit resin code “No. 6” or “PS”.

2. Maintain documentation about the composition of the disposable foodware or disposable foodware accessories. Such documentation shall include information from the either the supplier, the manufacturer, or bulk packaging for the disposables, and information which demonstrates the disposable material is not composed of polystyrene.

F. City employees, contractors, agents, and officers acting in their official capacity, shall not purchase, use, or distribute products composed in part or in whole of polystyrene.

8.42.040. Single Use Beverage Bottles.

No city employee, representative, contractor, agent, or official shall use, sell, distribute, or otherwise provide any single-use plastic beverage bottle or aseptic paper packaging while acting on behalf of the city or while acting pursuant to a city contract or agreement. Provided, however, city employees, representatives, contractors, agencies or officials are not prohibited from bringing their own food or beverages for personal consumption while acting on behalf of the city or while acting pursuant to city contract or agreement.

8.42.0405. Exemptions.
60 of 642
A. The following are exempt from the provisions of this chapter:

1. Coolers and ice chests, other than those defined as polystyrene coolers in this chapter.

2. Food brought by individuals for personal consumption.

3. During a locally declared emergency, the city, emergency response agencies operating within the city, users of city facilities, and food and beverage providers shall be exempt from the provisions of this chapter.

4. Food or beverage provider that provides or distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food or beverage providers that are obligated to purchase or have purchased polystyrene food or beverage service ware under a contract entered within the year prior to the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The city manager or designee may exempt any person from section 8.42.030 of this code, as follows:

1. A request for an exemption shall be filed in writing with the city manager or designee and shall include documentation supporting the reason for the claimed exemption and shall include any other information necessary for the city manager or designee to make a decision. The city manager or designee may require the applicant to provide additional information to in order to make an exemption determination. Applicants shall promptly provide additional information requested by the city manager or designee. Failure to provide such additional information may result in the denial of an exemption request.

2. The city manager or designee may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered.

Undue hardship includes, but is not limited to, situations where:
a. There are no reasonable alternatives to polystyrene food service ware for reasons that are unique to the applicant; or
b. Compliance with the requirements of this chapter would deprive a person of a legally protected right.

8.42.0450. Appeals.
61 of 642
A decision of the city manager or designee on exemption applications shall become final fifteen (15) days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of chapter 2.88 of this code relating to the uniform appeal procedure.

8.42.0505. Violations and penalties.

A. Administrative enforcement. The provisions of this chapter may be enforced through the issuance of administrative citation process set forth in Chapter 1.24 of this code. Violators will receive two one written warning notice of violations. Thereafter, violators would be subject to an administrative fine of $25 100 per day for a third second violation within one (1) year, $200 for a third violation within one (1) year and $500 for each subsequent violation within one (1) year, up to a maximum of $300 per calendar year. The imposition of
administrative fines are set by resolution of the city council and may be modified from time to time.

B. Criminal Enforcement. The provisions of this chapter may also be enforced through the criminal prosecution process. Any person who is convicted of violating this chapter shall be guilty of an infraction a misdemeanor and upon conviction shall be punished pursuant to Chapter 1.20 of this code. In addition, no permits or license for uses or purposes where the same would violate the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions of this title, shall be null and void.

SECTION 3. Compliance with California Environmental Quality Act.

The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations (the CEQA Guidelines) because the adoption of this ordinance is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may be a significant effect of the environment, therefore the activity is not subject to the requirements of CEQA. The City Council also finds and determines that the action is exempt pursuant to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for the Protection of the Environment), because these regulations involve the imposition of regulations for the protection of the environment through the reduction of plastic wastes, which include polystyrene, polystyrene packaging materials, single use plastics, from entering the waste stream, and from entering the environment. 62 of 642
SECTION 4. Severability.

This Ordinance is adopted under the authority of the Charter of the City of Glendale and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect anyremaining provision hereof. In this regard the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.

SECTION 5. Effective Date.

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

Mayor
ATTEST:

City Clerk
63 of 642

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, certify that the foregoing Ordinance No. was passed by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2023, and that
the same was passed by the following vote:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
64 of 642
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF GLENDALE AMENDING
TITLE 8, CHAPTER 8.42 OF THE GLENDALE MUNICIPAL CODE,
1995, TO PROHIBIT THE USE OF POLYSTYRENE PRODUCTS

AND SINGLE-USE PLASTICS
WHEREAS, on April 6, 2021, the City Council adopted Ordinance No. 5964 regulating the use of polystyrene and single-use plastics which was principally focused on prohibiting the use of non-marine degradablecompostable disposable food service ware in city departments, and by city contractors, agents, and employees at certain city events; and WHEREAS, Ordinance No. 5964 also required food and beverage providers serving food at a city event to provide marine degradablecompostable disposable straws and utensils upon request only, and allowed food and beverage providers to dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events; and WHEREAS, on September 21, 2021, the City Council adopted Ordinance No. 5973 implementing regulations on the distribution of disposable foodware accessories by food and beverage facilities; and WHEREAS, on January 10, 2023, the City Council considered the introduction of a comprehensive plastic waste reduction ordinance that would repeal and replace Ordinance No. 5964 regulating “Polystyrene and Single Use Plastics” set forth in Glendale Municipal Code, 1995, Chapter 8.42; and WHEREAS, the City Council also directed staff to amend Chapter 8.42 to extend certain regulations on the use of polystyrene products to a city-wide basis and to undertake certain public education programs.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
65 of 642
SECTION 2. Title 8 of the Glendale Municipal Code, 1995, Chapter 8.42 is hereby amended and restated in its entirety to read as follows:

CHAPTER 8.42

POLYSTYRENE AND SINGLE-USE PLASTIC PRODUCTS

8.42.010 Purpose and findings.

8.42.020 Definitions.

8.42.030 Prohibition on use of non-marine degradablecompostable food service ware at city facilities and city events.

8.42.035 Prohibition on the use, distribution or sale of polystyrene foodware, coolers, packing materials,
egg cartons, and produce, meat and fish trays.

8.42.040 Single-use beverage bottles.

8.42.045 Exemptions.

8.42.050 Appeals.

8.42.055 Violations and penalties.

8.42.010. Purpose and findings.

The City Council finds and declares that:

A. As set forth in California Public Resources Code Section 42355, the state Legislature recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs.

B. The state Legislature further declared its intent to ensure that environmental marketing claims, including claims of biodegradation of plastics, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment.

C. Plastics synthesized from petroleum and natural gas do not biodegrade.

Even with the emergence of bioplastics, which are derived from renewable biomass sources, such as plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.

D. Despite continued efforts, and the current availability of non-plastic, 66 of 642
compostable alternatives, the city continues to see littered plastic, namely plastic straws, stirrers, takeout containers, cups, lids and cutlery. Plastic straws, stirrers, take out containers, cups, lids and cutlery are generally made from polystyrene or polypropylene. The city intends to set a positive example through the adoption of this ordinance, that all disposable, single use food service ware, as defined herein, at citymanaged events, city run concessions and city-sponsored events where prepared food is served, must be marine-degradablecompostable to reduce or eliminate the amount of disposable food service ware sent to the landfill and the amount of plastic pollution in the ocean.

E. Adoption of additional prohibitions on the use and distribution of polystyrene and single use plastics will be brought back for City Council consideration following completing of further public outreach and education.

8.42.020. Definitions.
“Affected Retail Establishment” means any retail establishment located within or doing business within the geographical limits of the city. “Aseptic Paper Packaging” means shelf-safe packaging that typically contains layers of paper, plastic, and aluminum.
“Beverage” means a consumable drink in a sealed box, bag, can, bottle, or other container of any size, and including, but are not limited to, alcohol, coffee, energy drinks, milk, soy milk, nut milk, juice, soda, soft drinks, sports drinks, tea, yogurt drinks, water, carbonated water, and flavored water.
“Beverage Provider” means any business, organization, entity, group, or individual that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to its members or to the public for consumption. "Bioplastic" means a type of biodegradable plastic derived from biological substances rather than from petroleum.
“City” means the city of Glendale, California, a municipal corporation. “Citywide” means including or involving all parts of the city. "City concession" means a concession that is either operated by city 67 of 642
employees, that is permitted by the city and operated by third-parties, or is a concessionaire hired by the city.
"City contractor" means any person that enters into an agreement with the city to furnish products or services to or for the city.
"City facility" means any building, structure, property, park, open space, or vehicle, owned or leased by the city.
"City event" means collectively, any city-managed event, city concession, citysponsored event, as defined herein, or city meeting that is organized, operated, managed or sponsored, in whole or in part, by the city or any department of the city.
"City-managed event" means any event located at a city facility which the city manages and or operates either directly through city employees or through a vendor hired by the city.
“City-sponsored event” means any event, activity or meeting organized or sponsored, in whole or in part by the city or any department of the city. "Compostable" means that all the material in a product or package will disintegrate or break down, or otherwise become part of, usable compost (e.g., soil-conditioning material or mulch) in a safe and timely manner. Compostable material must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM D6868 for composability or cellulose-based packaging capable of being decomposed through composting or anaerobic digestion. "Customer" means any person obtaining goods from an affected retail establishment, vendor or non-profit vendor.
"Disposable food service ware" or "Disposables" means single-use, disposable products used for serving, consuming or transporting prepared food and or beverage (excepting sealed, pre-packaged beverages, e.g., water bottles), including, but not limited to, plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, straws, lids, cutlery, utensils, stirrers, lid plugs (splash sticks), or any container in or on which prepared food or beverages are placed, packaged or served for consumption. "Food or beverage provider" means any business, organization, entity, group or individual, that provides or sells prepared food.
68 of 642
“Foodware” or “Food service ware” means all containers, utensils, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including without limitation, foodware for takeout foods and or leftovers from partially consumed meals prepared by food or beverage providers. "Non-Profit vendor" means a recognized tax exempt organization which provides goods as a part of its services.
“Person” means any person, business, corporation, or event organizer or promoter; public, non-profit or private entity, agency or institution; or partnership, association, or other organization or group, however organized. “Plastic beverage bottle” means any formed or molded beverage container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single-service container.
"Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, rigid polystyrene and expanded polystyrene, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or 'PS,' either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a resin code.
“Polystyrene Cooler” means any cooler or ice chest made of polystyrene material, where such material is not fully encased in another durable material. "Prepared food and beverages" means any food or beverage prepared using any cooking or food preparation technique and which is offered for consumption at a city event.
"Produce tray" means any tray or carton for vegetable, fruit, or eggs sold to consumers from a refrigerator case or similar retail appliance. "Raw food" means any uncooked meat, fish, poultry, vegetable, fruit, or egg. "Recyclable" means material that can be sorted, cleansed, and reconstituted 69 of 642
using the city’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. “Resin code” means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling. "Retail establishment" means any commercial business facility that sells goods directly to the ultimate consumer including, but not limited to, grocery stores, pharmacies, liquor stores, "mini-marts," and retail stores and vendors selling clothing, food and personal items.
"Single use plastics" means any plastics and goods that are derived primarily from fossil fuel-based chemicals (petrochemicals) and are meant to be used once and disposed.
"Vegetable, meat or fish tray" means a polystyrene tray used for raw food sold to consumers from a refrigerator case or similar retail appliance. "Vendor" means any store, shop, restaurant, sales outlet, mobile food vendor, pushcart, or other commercial establishment located within or doing business within the city which provides perishable or nonperishable goods.

8.42.030. Prohibition on use of non-marine degradablecompostable food service ware at city facilities and city events.

A. Except as otherwise provided in this chapter, all disposable food service ware that food or beverage providers use to serve prepared food and beverages at a city event must be marine-degradablecompostable.

B. The city, its departments, contractors, agents and employees acting in their official capacity, shall not purchase, acquire or distribute for public use nonmarine degradablecompostable food service ware for use at city event.

C. A food and beverage provider serving food at a city event shall provide marine degradablecompostable disposable straws and utensils upon request only.

D. Food and beverage providers may dispense plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services at city events.

8.42.035. Prohibition on the use, distribution, and sale of polystyrene foodware, coolers, packing materials, egg cartons, and produce, 70 of 642
meat or fish trays.

A. No food or beverage provider shall use, distribute, or sell any polystyrene foodware in conjunction with the sale of prepared food, raw food, or beverages at any location within the city.

B. No person shall sell or distribute any polystyrene foodware or polystyrene coolers at any location within the city.

C. No vendor in the city shall sell, distribute or use polystyrene packing material composed in whole or in part from polystyrene, including, but not limited to, foam peanuts, packing peanuts, foam popcorn, or packing noodles within the city.

D. No person may sell, distribute, or use within the city any produce, meat and or fish trays, and or egg cartons made, in whole or in part, from polystyrene.

E. Food and beverage providers that distribute prepared food or raw food or beverages in disposable foodware or disposable foodware accessories shall:

1. Not distribute disposables that exhibit resin code “No. 6” or “PS”.

2. Maintain documentation about the composition of the disposable foodware or disposable foodware accessories. Such documentation shall include information from the either the supplier, the manufacturer, or bulk packaging for the disposables, and information which demonstrates the disposable material is not composed of polystyrene.

F. City employees, contractors, agents, and officers acting in their official capacity, shall not purchase, use, or distribute products composed in part or in whole of polystyrene.

8.42.040. Single Use Beverage Bottles.

No city employee, representative, contractor, agent, or official shall use, sell, distribute, or otherwise provide any single-use plastic beverage bottle or aseptic paper packaging while acting on behalf of the city or while acting pursuant to a city contract or agreement. Provided, however, city employees, representatives, contractors, agencies or officials are not prohibited from bringing their own food or beverages for personal consumption while acting on behalf of the city or while acting pursuant to city contract or agreement.

8.42.045. Exemptions.
71 of 642
A. The following are exempt from the provisions of this chapter:

1. Coolers and ice chests, other than those defined as polystyrene coolers in this chapter.

2. Food brought by individuals for personal consumption.

3. During a locally declared emergency, the city, emergency response agencies operating within the city, users of city facilities, and food and beverage providers shall be exempt from the provisions of this chapter.

4. Food or beverage provider that provides or distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food or beverage providers that are obligated to purchase or have purchased polystyrene food or beverage service ware under a contract entered within the year prior to the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The city manager or designee may exempt any person from section 8.42.030 of this code, as follows:

1. A request for an exemption shall be filed in writing with the city manager or designee and shall include documentation supporting the reason for the claimed exemption and shall include any other information necessary for the city manager or designee to make a decision. The city manager or designee may require the applicant to provide additional information to in order to make an exemption determination. Applicants shall promptly provide additional information requested by the city manager or designee. Failure to provide such additional information may result in the denial of an exemption request.

2. The city manager or designee may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered.

Undue hardship includes, but is not limited to, situations where:
a. There are no reasonable alternatives to polystyrene food service ware for reasons that are unique to the applicant; or
b. Compliance with the requirements of this chapter would deprive a person of a legally protected right.

8.42.050. Appeals.
72 of 642
A decision of the city manager or designee on exemption applications shall become final fifteen (15) days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of chapter 2.88 of this code relating to the uniform appeal procedure.

8.42.055. Violations and penalties.

A. Administrative enforcement. The provisions of this chapter may be enforced through the issuance of administrative citation process set forth in Chapter 1.24 of this code. Violators will receive two one written warning notice of violations. Thereafter, violators would be subject to an administrative fine of $25 100 per day for a third second violation within one (1) year, $200 for a third violation within one (1) year and $500 for each subsequent violation within one (1) year, up to a maximum of $300 per calendar year. The imposition of
administrative fines are set by resolution of the city council and may be modified from time to time.

B. Criminal Enforcement. The provisions of this chapter may also be enforced through the criminal prosecution process. Any person who is convicted of violating this chapter shall be guilty of an infraction a misdemeanor and upon conviction shall be punished pursuant to Chapter 1.20 of this code. In addition, no permits or license for uses or purposes where the same would violate the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions of this title, shall be null and void.

SECTION 3. Compliance with California Environmental Quality Act.

The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations (the CEQA Guidelines) because the adoption of this ordinance is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may be a significant effect of the environment, therefore the activity is not subject to the requirements of CEQA. The City Council also finds and determines that the action is exempt pursuant to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for the Protection of the Environment), because these regulations involve the imposition of regulations for the protection of the environment through the reduction of plastic wastes, which include polystyrene, polystyrene packaging materials, single use plastics, from entering the waste stream, and from entering the environment. 73 of 642
SECTION 4. Severability.

This Ordinance is adopted under the authority of the Charter of the City of Glendale and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect anyremaining provision hereof. In this regard the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.

SECTION 5. Effective Date.

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

Mayor
ATTEST:

City Clerk
74 of 642

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF GLENDALE )
I, DR. SUZIE ABAJIAN, City Clerk of the City of Glendale, certify that the foregoing Ordinance No. was passed by the Council of the City of Glendale, California, at a regular meeting held on the day of , 2023, and that
the same was passed by the following vote:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
75 of 642
7a

AGENDA ITEM

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL
Report: Ordinance Amending Glendale Municipal Code, 1995, Title 8 Chapter 8.42 To Prohibit the Use, Distribution and Sale of Polystyrene Products on a Citywide Basis.

1. Ordinance for Introduction

COUNCIL ACTION

EXECUTIVE SUMMARY
The proposed ordinance would introduce a ban on the use, distribution, and sale of polystyrene products starting in November 2023. Specifically, the proposed ordinance will prohibit the use, distribution and sale of any polystyrene foodware in conjunction with the sale of prepared food, raw food or beverages, as well as the sale and distribution of polystyrene coolers and polystyrene packaging materials at any location within the City.

Additionally, no person may sell, distribute, or use within the City any meat trays or fish trays, produce trays, and egg cartons made, in whole or in part, from polystyrene. Finally, restrictions on the use of single-use plastic beverage bottles would go into effect for City of Glendale operations.

Item Type: Ordinance
Approved for October 31, 2023 calendar
76 of 642
2 7a

COUNCIL PRIORITIES
Operational Efficiency.

RECOMMENDATION
That the City Council introduce an ordinance to prohibit the use, distribution and sale of certain polystyrene products.

BACKGROUND
Since 2021, the City Council adopted two ordinances tackling the use and distribution of single-use plastics and disposable foodware accessories.

Single Use Plastics:

Ordinance No. 5964, adopted in April 2021, prohibits using single-use plastic products to serve prepared foods at certain City-managed, City-run concessions or citysponsored events located in City-owned or controlled facilities. That Ordinance requires all disposable food service ware used by food or beverage providers who serve prepared food and beverages at a City event to be marine-biodegradable. The City, its contractors, agents, and employees acting in their official capacity are not permitted to purchase, acquire, or distribute for public use non-marine-biodegradable food service ware for use at City events.

Disposal Foodware Accessories:

Ordinance No. 5973, adopted in September 2021, regulates the distribution of disposable foodware accessories. This Ordinance prohibits food and beverage facilities City-wide from providing self-serve disposable foodware accessory dispensers or providing or offering disposable foodware accessories to a dine-in or a take-out customer, except upon customer request. However, a food and beverage facility may ask a drive-through or delivery customer if the customer wants any disposable foodware accessories. In addition, prepared food facilities that use online food ordering platforms are required to provide options on the online ordering platform that enable customers to choose which disposable foodware accessories to include with each online order via an opt-in option.

Adopting the Single Use Plastics and Disposal Foodware ordinances has reduced plastic use and raised awareness of the impact of plastic waste on our environment.

Locally, single-use plastics are a significant source of litter and contamination in recycling programs as confusion surrounds which forms of plastic are acceptable to discard in recycling bins. Littered plastic products cause substantial environmental harm and burden governments with considerable cleanup costs.

Polystyrene and Other Plastic Products:
77 of 642
3 7a
On March 22, 2022, City Council approved a motion directing staff to prepare a report on the validity of prohibiting polystyrene, foodware, the use of single-use plastic straws, stirrers and utensils, a disposable cup charge, and reusable foodware for dining on premises.

On November 29, 2022, the City Council directed staff to prepare an ordinance regulating plastic waste, specifically, polystyrene products, single-use plastic straws, stirrers, and utensils. Council also directed that the proposed Ordinance should establish disposable foodware standards, disposable cup charges, reusable foodware dining on-premises standards, and the prohibition of single-use beverage bottles.

On January 10, 2023, staff presented the Plastic Waste Reduction Regulations Ordinance which encompassed Council’s previous direction. However, Council directed staff to provide more public outreach and education before adopting these new regulations and directed staff to undertake an extensive education and outreach campaign on plastic waste regulations focused on:
i. Prohibition on use and or distribution of single-use plastic straws, stirrers, and utensils
ii. Disposable foodware recycling standards
iii. Disposable cup charge
iv. Reusable foodware for dining on premises
Council further directed staff to prepare an ordinance prohibiting the use, distribution, and sale of polystyrene foodware, polystyrene coolers, polystyrene packing materials, polystyrene egg cartons, polystyrene produce trays, and polystyrene meat and fish trays.

ANALYSIS
Staff recommends adopting the proposed polystyrene prohibitions for several important reasons, primary among these is that polystyrene products are notoriously difficult to recycle. According to the UCLA Luskin Center for Innovation 2020, “PS/EPS waste is especially difficult to transport and sort due to its weight. Its low density also makes it difficult for facilities to recover a mass of PS/EPS that is sufficient for recycling in an economically viable manner. PS recycling is thus generally inefficient and not practiced in Los Angeles County, and most PS/EPS goods — including food service ware — are either landfilled or littered.”
Second, many food and beverage providers have voluntarily sought alternatives to polystyrene products. And third, there are plastic alternatives to polystyrene products that are cost-comparable. Finally, studies by the National Center for Biotechnology 78 of 642
4 7a
Information, Endocrine Society indicate human health effects associated with polystyrene and plastics, namely from ingestion of microplastics. Plastics contain endocrinedisrupting chemicals linked to increased risk of many chronic diseases.

In preparation for drafting the proposed ordinance Staff researched cities (Culver City, Monrovia, Long Beach, Hermosa Beach, Malibu, Sant Monica) that possess similar polystyrene product prohibitions already in place.

Staff reviewed the scope and scale polystyrene regulations contained in Culver City, Monrovia, Long Beach, Hermosa Beach, Malibu, Santa Monica polystyrene ordinances to determine the which requirements should be included in Glendale’s proposed ordinance (See Exhibit 1 City of Hermosa Beach and Exhibit 2 City of Long Beach). Based on this review, Staff recommends that the proposed Polystyrene Prohibitions consist of the following requirements:

1. Polystyrene Use, Distribution, and Sale Prohibition
The proposed ordinance prohibits the use, distribution, and sale of polystyrene foodware, polystyrene coolers, polystyrene packing materials, polystyrene egg cartons, polystyrene produce trays, and polystyrene meat and fish trays. The polystyrene prohibition would go into effect 30 days after the adoption of an ordinance and would impact all food and beverage providers and vendors using, distributing, or selling polystyrene products. The proposed ordinance specifies the following (note: capitalized terms used below are defined in the proposed ordinance):
a) No Food or Beverage Provider shall use, distribute, or sell any Polystyrene Foodware in conjunction with the sale of Prepared Food, Raw Food, or Beverages at any location within the City.
b) No Person shall sell or distribute any Polystyrene Foodware or Polystyrene Coolers at any location within the City.
c) No Vendor in the City shall sell, distribute, or use Polystyrene Packing Material, including, but not limited to, foam peanuts, packing peanuts, foam popcorn, or packing noodles within the City.
d) No Person may sell, distribute, or use within the City any Meat and/or Fish Trays, Produce Trays, and/or Egg Cartons made, in whole or in part, from Polystyrene. e) Food and Beverage Providers that distribute Prepared Food, Raw Food, or Beverages in Disposable Foodware or Disposable Foodware Accessories shall:
(1) Not disseminate Disposables that exhibit Resin Code ”No. 6” or ”PS”. 79 of 642
5 7a
f) City employees, contractors, agents, and officers acting in their official capacity shall not purchase, use, or distribute Polystyrene Foodware.

2. Costs and Alternative Options
To comply with the regulations, food and beverage providers, packaging stores, and grocery stores would have a six (6) month grace period to use up their supply of regulated polystyrene products purchased within the year preceding the ordinance effective date.

The good news is that alternative products already exist and are in many cases less expensive than polystyrene. Such alternatives include:
a) Reusable Products
b) Plastic Products (to the extent not already prohibited):
i. Polyethylene terephthalate PET
ii. High Density Polyethylene HDPE
iii. Low Density Polyethylene LDPE
iv. Polypropylene PP
c) Fiber/Paper/Chipboard Products
d) Aluminum Products
Item Polystyrene
Cost Per Item1
Case
1000
Cost
Polystyrene
Alternative
Case
1000
Cost
Utensils - wrap set
heavyweight
$0.08 $80.00 $0.05 $52.00
Straws - Jumbo
straight
$0.01 $5.00
Stirrers $2.00
Plates 9” $0.04 $44.00 $0.04 (paper) $34.37
Plates 9” $0.04 $44.00 $0.06 (Compostable
Sugarcane /
Bagasse)
$68.40
Plates 9” $0.04 $44.00 $0.08 (White
Mineral-Filled
Polypropylene)
$82.18
Bowls 12oz $0.06 $60.00 $0.04 $40.00
Platter 9” $0.16 $161.00 $0.14 $141.00
Hinged container
8’ x 8’
$0.12 $115.00 $0.18 $180.00
Cups 16oz $0.06 $64.00 $0.05 $53.00
80 of 642
6 7a
Produce Meat
Tray 8 1/4" x 5
3/4" x 3/4"
$0.04 $40.00 $0.06 $60.00
Egg cartons $0.38 $380.00 $0.35 $350.00
Packaging
peanuts 20 cu ft
bag
$35.00 each $29.00 each
Coolers 10.99 each $9.08 each
1 All quotes are current and obtained via https://www.webstaurantstore.com. Except egg cartons.

3. Single Use Plastic Bottles – Prohibition Applicable to City Operations Only Staff recommends that the proposed ordinance include the implementation of a policy within the City’s Administrative Policy Manual that prohibits City employees, representatives, contractors, agents, or officials from using, selling, distributing, or otherwise providing any single-use Plastic Beverage Bottle or Aseptic Paper Packaging while acting on behalf of the City or while acting pursuant to a City contract or agreement.

However, City employees, representatives, contractors, agencies, or officials would not be prohibited from bringing their own food or beverages for personal consumption while acting on behalf of the City or while acting according to the City contract or agreement.

4. Exemptions
The following exemptions are included in the proposed ordinance:

A. The following are exempt from the provisions of this Chapter:
i. Coolers and ice chests, other than those defined as Polystyrene Coolers in this Chapter.
ii. Food brought by individuals for personal consumption. iii. During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and Food Providers and Beverage Providers shall be exempt from the provisions of this Chapter. iv. The Food Provider or Beverage Provider provides or distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food or Beverage Providers that are obligated to purchase or have purchased polystyrene food or beverage service ware under a contract entered within the year before the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The City Manager or designee may exempt any person from the regulations as follows:
81 of 642
7 7a

1. A request for an exemption shall be filed in writing with the City Manager or designee. It shall include documentation of the reason for the claimed exemption and any other information necessary for the department to decide.

The department may require the Applicant to provide additional information to make the required determinations.

2. The City Manager or designee may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered. Undue hardship shall be construed to include but not be limited to situations where:
a. There are no reasonable alternatives to polystyrene food service ware for reasons unique to the Applicant; or
b. Compliance with the requirements of this Chapter would deprive a person of a legally protected right.

5. Enforcement.

If the City Council adopts these regulations, they will be enforced through the administrative citation process set forth in GMC Chapter 1.24. The Glendale enforcement process involves issuance of warning notices for a first and second violation. After that, violators would be subject to an administrative fine of $25 per day for a third violation and each subsequent violation, up to a maximum of $300 per calendar year. The proposed fines will be outlined in the fee resolution submitted when the Ordinance comes back for adoption.

An essential aspect of these regulations is the impact on food or beverage facility operators and others subject to the ordinance. The cost to food or beverage facility operators is expected to be varied depending on substitute materials required for compliance with the ordinance.

STAKEHOLDERS/OUTREACH
Staff developed an information campaign around the tagline “Consider the Environment, be Polystyrene Aware”. The objective of the campaign is to specifically addresses the proposed prohibition on polystyrene products and to clearly state the products that will be banned under any such ordinance.

Staff mailed an information packet to 750 food and beverage providers in Glendale. Each packet included:

1. A QR code linking to Armenian and Spanish translation of the information provided. 82 of 642
8 7a

2. Information card on the proposed polystyrene prohibition.

3. A letter detailing the proposed polystyrene prohibition.

4. A QR code link to a survey for recipients of the mailing to complete.

5. Website address for the Office of Sustainability with information on the prosed prohibition.

6. In addition, staff hosted an online webinar reviewing the proposed polystyrene prohibition.

7. Emailed business associations directing their members to information on the proposed polystyrene prohibition on:
a. 7/24/23
b. 9/18/23

8. Conducted an In-session briefing at Galleria Food Court.

Survey Results:

Residents Responses:
• 66% want City to reduce single use plastic foodware.
• 86% Glendale should prohibit single use plastic foodware. • 91% Glendale should prohibit Styrofoam products
Business Responses:
• 57% agree that important to reduce polystyrene, SUP in landfills and as litter. • 78% concerned with costs of alternatives to plastics. • 60% businesses support polystyrene ban.
• 71% businesses already trying to reduce SUP.

FISCAL IMPACT
The fiscal impact associated with the implementation of this ordinance will depend upon the desired levels and duration of enforcement.

An essential aspect of these regulations is the impact on food or beverage facility operators and others subject to the ordinance. The cost to food or beverage facility operators is expected to be varied depending on substitute materials required for compliance with the ordinance.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Staff conducted environmental review and determined the ordinance does not require review under the California Environmental Quality Act (“CEQA”) and that this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations (the CEQA Guidelines) because the adoption 83 of 642
9 7a
of this ordinance is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may be a significant effect of the environment, therefore the activity is not subject to the requirements of CEQA. Further the action is exempt pursuant to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for the Protection of the Environment), because these regulations involve the imposition of regulations for the protection of the environment through the reduction of plastic wastes, which include polystyrene, polystyrene packaging materials, single use plastics, from entering the waste stream, and from entering the environment.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES
Alternative 1: That the City Council introduce an Ordinance Prohibiting Polystyrene Products.

Alternative 2: Do not introduce the Ordinance for Prohibiting Polystyrene Products.

Alternative 3: City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

David Jones, Sustainability Officer
Approved by:

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

EXHIBITS/ATTACHMENTS

1. City of Hermosa Beach Ordinance 19-1398 Polystyrene Ban

2. City of Long Beach Ordinance 20-0009 Polystyrene Ban 84 of 642
85 of 642
86 of 642
87 of 642
88 of 642
89 of 642
90 of 642
91 of 642
92 of 642
93 of 642
94 of 642
95 of 642
96 of 642
97 of 642
98 of 642
>- >- g ~~u:::~ O:::L-.c<D
o:@cn~ 1-<( "N I- >. "E 0 <C:!::cuoo
~O>o - 0')
-Z:::l<(
oszoo
LJ.Jo:"' I c . 1-<(ro..c
LL~~m owOc:c
w .......JU)o o0:::(J)c
u::2S.:l
LLo~ 0
"
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
ORDINANCE NO. ORD-20-0009

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING SECTIONS 8.63.020,

8.63.030, 8.63.050 AND 8.63.070; ALL RELATING TO

PROHIBITING THE USE AND SALE OF SINGLE-USE

FOOD AND BEVERAGE CONTAINERS, PACKAGING AND

FOOD SERVICE WARE MADE OF EXPANDED
POLYSTYRENE (EPS) FOAM, RIGID POLYSTYRENE #6,

AND NON-RECYCLABLE AND NON-COMPOSTABLE

MATERIAL FOR PREPARED FOOD DISTRIBUTION, AND

THE DISTRIBUTION OF PLASTIC OR BIO-PLASTIC
STRAWS
The City Council of the City of Long Beach ordains as follows:

Section 1. Section 8.63.020 of the Long Beach Municipal Code is 19 amended to read as follows:
20 21

8.63.020
A.

Definitions.
"Applicant" means any individual, firm, limited liability 22 company, association, partnership, political subdivision, government 23 agency, municipality, industry, public or private corporation, or any other 24 entity whatsoever who applies for a City of Long Beach special events 25 permit or an exemption to the requirements of this Chapter. 26 B. "City facility" means any building, structure, property, park or 27 open space owned, managed or leased by the City, its agents, agencies, or 28 departments. This includes, but is not limited to, the Queen Mary, the ARW:bg A19-03097 (02-06-20)
01116694.docx
1 99 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >. 8 ~cuu:v 12 o::::E ..c<D
o:§m~
13 I-<( -N
I- >."Eo <(~caco
f':U>o - ..Q:! m -Z::::l<( 14 o 2 o 0 UJ~"'
I " . 1-C:roiJ 15 u.(/)~m owOcc
UJ uO:::cuc ....ltlo 16 u:~S..:l LLu~ 0 17 "' 18
19 20
21 22
23 24
25 26
27 28
Convention Center, the Aquarium, and the Long Beach Airport.

C. "City contractor" means any person who enters into an agreement with the City to furnish products or services to or for the City.

D. "City-permitted event" means any event, activity or meeting occurring under the auspices of a City-issued permit.

E. "City-sponsored event" means any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City.

F. "Compostable" means all the material in the product or package will break down, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner.

Compostable material must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM D6868 for compostability or cellulose-based packaging capable of being decomposed through com posting or anaerobic digestion.

G. "Department" means the Department of Public Works.

H. "Director" means the Director of the Department of Public Works, or his/her designee, who is hereby designated to issue a compliance order or an administrative citation to enforce this Chapter pursuant to Chapter 9.65 of the Long Beach Municipal Code or to grant an exemption to compliance with this Chapter pursuant to Section 8.63.050 of the Long Beach Municipal Code.

I. "Disposable food service ware" or "disposables" means single-use, disposable products used for serving or transporting prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, clamshells, condiment containers, cups or drink ware, cup lids, or any other container in or on which prepared foods are placed or packaged for consumption. This does not include utensils.

ARW.bg A19-03097 (02-06-20)
01116694.docx
2 100 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >. g ~~U:-.;t 12
0::::'- ..ctD
o£lm~ 13 1- <( ~N
I- >."Eo
<( :t:: m ro
~O>o ~ ..Q,! (JJ
-Z::::I<( 14
oszou
wnom
I<(c_c
1--a...rn~ 15 u .. U)u((.)
OwOco
u0::::Q)c
w_JUJo 16 u::~$.3
~u;:::..,. 17
18 19
20 21
22 23
24 25
26 27
28 J. "Food Provider" means any person or place, other than a "Small Food Provider," that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption. "Food Provider" includes but is not limited to: (1) a grocery store, supermarket, restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for takeaway consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. "Food Provider" also includes any Franchise restaurant, drive-thru, cafe, coffee-shop or the like. "Food Provider" also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services.

K. "Franchise" means a food facility in the City that operates under common ownership or control with at least fifteen (15) other food facilities with the same name that offer for sale substantially the same menu items, or operates as a franchised outlet of a parent company with at least fifteen ( 15) other franchised outlets with the same name in the state that offer for sale substantially the same menu items.

L. "Small Food Provider" means a person or place that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption, seating one hundred (1 00) or fewer persons.

M. "Person" means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.

N. "Plastic or Bio-Piastic straw" means a tube made
ARW:bg A19-03097 (02-06-20)
01116694.docx
3 101 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >- g ~~U:::--r 12
O:::L....ctO
o~m~ 13 I-<( -N 1-->."Eo
<(:!=:moo
~U>o - Ol -Z:l<( 14 os;:::o 0
I
w~"'c . 1--ii:m-5 15 " "' u .. (l)olll
a wOrn
uc:::Q)c: w_J1iic 16 u:~$_3
(5o~... 17
18 19
20 21
22 23
24 25
26 27
28 predominantly of plastic derived from either petroleum or biologically based polymer, such as corn or plant sources, for transferring a beverage from its container to the mouth of the drinker. This includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugarcane, bamboo, etc.

0. "Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to, polystyrene foam or expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The recycle code for polystyrene is "6" or "PS," either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a recycle code.

P. "Polystyrene Beads" means expanded polystyrene foam
beads used as filler for toys and beanbags and in crafts.

Q. "Polystyrene Cooler" means any cooler or ice chest made of polystyrene foam, where such foam is not fully encased in a durable material.

R. "Polystyrene food service ware" means disposable food service ware that contains or utilizes polystyrene. This includes but is not limited to cups, cup lids, condiment cups, food trays, plates, bowls, clamshells and any other product made primarily for food service use.

S. "Prepared food" means any food or beverage that is: (1) ready to consume without any further food preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a Food Provider using any cooking, packaging or food preparation technique. Prepared food may be ARW:bg A19-03097 (02-06-20)
01116694.docx
4 102 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >. g ~~LL... 12 0::::"- ..cC.O
o:flm~ f: <( "0- N 13
<{ .. ~-m~
~(.)>o -~en -Z~<( 14
uszou
Wo<aJ
I<(c...C::
1--o..m~ 15
lL(f.)OQ.l
Ow Om
uO:::Q)c: w...J1f.io 16 u:~$.3
Qu:;::: 17 "
18 19
20 21
22 23
24 25
26 27
28 eaten either on or off the Food Provider's premises.

T. "Recyclable" means material that can be sorted, cleansed and reconstituted using the City's available Residential Recycling Program excluding Plastic containers labeled #6 and any Polystyrene.

U. "Recycle code" means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling.

V. "Special events" means events that are open to the general public and take place within the public right-of-way or are located within a park and/or are coordinated through the City of Long Beach's special events permit process.

W. "Utensil" means a knife, fork, spoon, spark, chopstick, or the like, used for eating food.

Section 2. Section 8.63.030 of the Long Beach Municipal Code is amended to read as follows:

8.63.030 Prohibition against distribution or sale of polystyrene food service ware.

A. No Food Provider shall distribute or sell any polystyrene food service ware in conjunction with the sale of prepared food or beverages at any location within the City of Long Beach.

B. Food Providers that distribute prepared food or beverages in disposable food service ware shall: (1) distribute only disposables that are either Recyclable or Compostable, and if plastic, exhibit a recycle code other than No. 6 or PS; and/or (2) maintain documentation about the composition of any disposable food service ware that does not exhibit a recycle code. Documentation may include information from the supplier or manufacturer, bulk packaging for the disposables, and any other relevant ARW:bg A19-03097 (02-06-20)
01116694.docx
5 103 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >- g ~~U::...r 12 o:::L....cC.O
o£lm~ f:: <(
>- "E -o:. 0 13 <C~rooo
J'::o>o - ..!!! O'l
-Z::::J<t: 14
uszou
Wo<m
I<(c_c
1--o...m~ 15 u..(l)oaJ Ow Om
uO::::mc
w ...J1iio 16 u:~$~
~(.)~ 17 "
18 19
20 21
22 23
24 25
26 27
28 information demonstrating that the disposable material is not polystyrene and is either Recyclable or Compostable.

C. No person shall distribute or sell prepared food or beverages in any polystyrene food service ware at City facilities that have been rented, leased or are otherwise being used with permission of the City. If disposables are distributed or sold, they shall be either Recyclable or Compostable. This Subsection is limited to use of City facilities for which a person has entered into an agreement with the City to rent, lease or otherwise occupy a City facility. All facility rental agreements for any City facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of polystyrene food service ware while using City facilities. The facility rental agreement shall indicate that a violating contractor's security deposit will be forfeited if the Director determines that polystyrene food service ware or disposables that are neither Recyclable nor Compostable was used in vi.olation of the rental agreement.

D. No person shall use or distribute polystyrene food service ware at City-sponsored events, activities and City meetings open to the public. This Subsection shall apply to the function organizers, agents of the organizers, City contractors, and Food Providers.

E. The City, its departments, its City contractors, agents, and employees acting in their official capacity, shall not purchase, acquire or distribute for public use any polystyrene food service ware or disposables that are neither Recyclable nor Compostable, or Polystyrene Coolers.

F. All Food Providers shall certify compliance with this Chapter as part of the Environmental Health inspection process.

G. No person, vendor, business or event promoter in the City may sell, rent or otherwise provide any polystyrene food service ware ARW:bg A19-03097 (02-06-20)
01116694.docx
6 104 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >- g ~F~ 12
O:::o£cn
O"m'l"
~ <(
,., 1:' -N0 13
<(:t::"COOJ
~u~~~ -Z:J<( 14
oszou
UJ~"' I " . 1-itro-5 15
u ..(/)8m OLUOco
LLJ....l(i}a uO:::mc: 16
u:~S.3
~0~ 17 .. 18
19 20
21 22
23 24
25 26
27 28
product which is not wholly encapsulated or encased within a more durable material, except as exempted herein. This specifically includes, but is not limited to, cups, cup lids, condiment cups, food trays, plates, bowls, clamshells and other products primarily for food service use, as well as Polystyrene Coolers and ice chests.

H. No person, vendor, business or event promoter in the City shall sell, distribute, or otherwise provide polystyrene packing material, including, but not limited to, foam peanuts, packing peanuts, foam popcorn or packing noodles.

I. No person, vendor, business or event promoter may sell, rent, or otherwise distribute within the City meat and fish trays, produce trays or egg cartons made, in whole or in part, from polystyrene, either as separate items or as part of the sale of meat, fish, poultry, vegetables, fruit, or eggs sold to consumers.

J. Straws and utensils shall only be provided upon customer request at all food establishments, including at City facilities. All straws must not be plastic or bio-plastic straws.·
Section 3. Section 8.63.050 of the Long Beach Municipal Code is amended to read as follows:

8.63.050 Exemption from compliance with this Chapter:

A. The following are exempt from the provisions of this Chapter:

1. Food prepared or packaged outside of the City,
provided such food is not altered, packaged or repackaged within the City limits.

2. Coolers and ice chests, other than those defined as
Polystyrene Coolers in this Chapter.

ARW.bg A19-03097 {02-06-20)
01116694.docx

3. Food brought by individuals for personal consumption 7 105 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >. g ~:gU::-q- 12
0::::'- ..c:CO
oJ§m~ 13 1-<( -N
I- >. "E: 0 <( ·"'=' ro co
~CJ>o - _g,! 0)
-Z::::Ic:t; 14 o~o
UJo::ID
I<:(c_c
1--n...~~ 15
LL(./)UQ.l
OwOcc
o0:::Q)c w...J1f.io 16 LL~S.3
~u~ 17 "
18 19
20 21
22 23
24 25
26 27
28 to City facilities, including but not limited to City parks, provided the City facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event requiring a special events permit from the City.

4. City-sponsored or City-permitted events for which
authorizations or permits were issued prior to the operative date of this ordinance; except events for which multi-year authorizations or permits were issued, which must comply within three hundred sixty-five (365) days of the operative date of this ordinance.

5. During a locally declared emergency, the City,
emergency response agencies operating within the City, users of City facilities, and Food Providers and beverage providers shall be exempt from the provisions of this Chapter.

6. The Food Provider or beverage provider provides or
distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

B. Food Providers that are obligated to purchase or have purchased polystyrene food service ware under a contract entered into within the year prior to the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

C. The Director may exempt any person from Section 8.63.030 following the operative date of this ordinance, as follows:

1. A request for an exemption shall be filed in writing with the Director and shall include documentation of the reason for the claimed exemption and any other information necessary for the department to make its decision. The department may require the Applicant to provide additional information as necessary to make the required determinations.

ARW:bg A19-03097 (02-06-20}
01116694.docx

2. The Director may grant an exemption for a maximum of 8 106 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >- g ~~u:'<t 12
O:::._.cCD oo ....... c.o ::::cn"'T
13 I=<( .N
>- "E 0 <C:t=roco
~o~li~ -Z:J<( 14
oszou
wo::"'
I<(c..C
1-a..m~ 15
LL.CI)OQ) owOc:c
w_J'tlo
oO:::mc 16 u::::iS~
~0~ 17 "
18 19
20 21
22 23
24 25
26 27
28 one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered. Undue hardship shall be construed to include but not be limited to situations where:
a. There are no reasonable alternatives to
polystyrene food service ware for reasons that are unique to the Applicant; or
b. Compliance with the requirements of this
Chapter would deprive a person of a legally protected right.

3. The Director's written decision on the exemption is
effective within ten (1 0) days of the decision. Decisions of the Director may be appealed by the person applying for the exemption utilizing the process outlined in Section 8.63.080.

Section 4. Section 8.63.070 of the Long Beach Municipal Code is amended to read as follows:

8.63.070
A.

Operative date.

No City facilities, City contractors, City-sponsored events or City-permitted events shall distribute or utilize disposable food service ware containing polystyrene on or after three (3) months following the adoption of the ordinance codified in this Chapter by the City Council. City-sponsored or City-permitted events for which authorizations or permits were issued prior to the operative date of this Ordinance are exempt as provided in Subsection 8.63.050.A.4. City-sponsored or City-permitted events which are authorized or permitted for multiple years must comply within three hundred sixty-five (365) days of the operative of this ordinance.

B. No Food Provider shall distribute or utilize disposable food service ware containing polystyrene on or after nine (9) months following 9 ARW:bg A19-03097 (02-06-20)
01116694.docx
107 of 642
1 2
3 4
5 6
7 8
9 10
11 >- >- g ~:!?U::v 12
0:::::'- ..c<.O
ogm~
13 I-<( -N I- >- "'E 0 <(:t:::roco
i'=u>o - ~ Ol
-Z:::J<( 14
us;::: au
wa::"'
I<(c..C
1--a..ffi~ 15
LL(J)O<ll
OUJOm
uO:::mc
UJ ....l1J.io 16 u:~S.:l
~(.)~ 17 "
18 19
20 21
22 23
24 25
26 27
28 the operative date of the ordinance codified in this Chapter by the City Council.

C. No Small Food Provider shall distribute or utilize disposable food service ware containing polystyrene on or after eighteen (18) months following the operative date of the ordinance codified in this Chapter by the City Council.

D. No person shall sell or distribute Polystyrene Beads for crafts or as filler for bean bags, or Polystyrene Coolers on or after eighteen (18) months following the adoption of the ordinance codified in this Chapter by the City Council.

E. The prohibition against retail sales contained in Section

8.63.030 (G), (H) and (I) shall be effective on or after October 1, 2020.

Section 5. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
10 ARW:bg A19-03097 (02-06-20)
01116694.docx
108 of 642
1 I hereby certify that the foregoing ordinance was adopted by the City 2 Council of the City of Long Beach at its meeting of ------=F_,e-"'-br"-'u"'a"r 1 y----'-'18;__ ___, 2020, 3 by the following vote:
4 5
6 7
8 9
10 11
17 18
19 20
21 22
23 24
25 26
27 28
Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

Approved: JIJ(pO 1
( ate)
ARW.bg A19-03097 (02-06-20)
01116694.docx
Zendejas, Pearce, Supernaw, Mungo,
Uranga, Austin.

None.

Prtce. Andrews, Richardson.

None
~./2,~-
11 109 of 642
8a

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Purchase of personal protective equipment – turnout gear for the Glendale Fire Department.

1. Resolution adopting Fire-Dex products as the City’s standard for specialized personal protective equipment and turnout gear and dispensing with competitive bidding for the procurement of Fire-Dex products and related services from Municipal Emergency Services, Inc. (MES).

2. Resolution of Appropriation to appropriate $147,000 from the Fire Mutual Aid Fund for the purchase of personal protective equipment – turnout gear.

COUNCIL ACTION
Item Type: Action Item
Approved for November 7, 2023 calendar

EXECUTIVE SUMMARY
The Glendale Fire Department and Southern California Area PPE Consortium Group (SCAPPEC) agencies have utilized Morning Pride turnout gear, manufactured by Honeywell since the early 2000’s. SCAPPEC agencies include The Los Angeles Fire Department, Los Angeles County Fire Department, Long Beach Fire Department, Ventura County Fire Department, and the Glendale Fire Department. SCAPPEC agencies and Glendale Fire Department staff all conducted extensive independent testing and found Fire-Dex turnouts to be the most suitable and most all-inclusive option for replacement.

The goal of SCAPPEC has always been to leverage purchasing power and reduce fiscal impacts when purchasing vital safety equipment, while simultaneously meeting the needs of each agency’s requirements.
110 of 642
2 a 8

RECOMMENDATION
Approve resolution of appropriation in the amount of $147,000 from the Fire Mutual Aid Fund, adopt equipment standardization, and dispense with competitive bidding for the purchase of specialized personal protective equipment – turnout gear, in conjunction with Fire-Dex products and related services from Municipal Emergency Services, Inc. (MES).

ANALYSIS
Turnout gear must meet the specifications in NFPA 1851, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting. The consequences of equipment failure are serious and may result in employee injury and/or fatality.

The turnout ensemble is composed of two principal elements, a pant and jacket. Following the NFPA 1851 Standard ensures the Fire Department adheres to comprehensive criteria for protective ensembles to reduce health and safety risks associated with improper maintenance, contamination, or damage. Each member is outfitted with two sets of turnout gear, with a life cycle of 10 years per set.

Significant improvements continue to be made in turnout gear because of ongoing threats facing firefighters and based on improvements in textiles and manufacturing.

Improvements that have been made include:
• Weight reduction in gear for improved firefighter mobility to combat fatigue and heat stress, which can have serious impacts on firefighter health and safety. • Cancer causing particulate blocking designs in the coat/pant interface area and at the boot junction.
• Installation of drag rescue devices to assist with removing downed firefighters. • Emergency egress and bailout systems.
• Improvements to the thermal liner, moisture barrier, and outer shells.

Fire Department personnel have conducted a thorough evaluation of the three major brands of firefighter turnout gear on the market. A matrix of evaluation criteria was established rating the following factors:
• Manufacturer’s background
• Ability to develop a specification that provides a seamless transition • Wear test results
• Delivery timeframes from point of order for academies and replacement gear cycles 111 of 642
3 a 8
• Cost and Warranty
Over the past year GFD conducted extensive field testing consisting of common fireground operations to ensure that the gear performs as designed and have found the performance to meet or exceed expectations.

Following the result of thier evaluation and conferring with other agencies in the SCAPPEC group, staff contacted the manufacturer of the highest rated turnout gear, FireDex, and began writing a spec for the features and options we require. After several meetings and revisions, we have a finalized spec and recommend that Fire-Dex be the standardized turnout gear that we purchase for the next 10 years.

For the aforementioned reasons, it is respectfully recommended that Council adopt FireDex turnout gear as the City standard for firefighter turnout gear.

The Glendale Purchasing Policy promotes the standardization of commonly used items, vehicles, and equipment. The Policy only applies to items, such as turnout gear, which have been tested and proven satisfactory on the job. This process will eliminate repetitive future approvals by the City Council for similar equipment. Standardized items need to be reviewed by the Departments at least every five years and need to be approved by City Council at least every ten years.

STAKEHOLDERS/OUTREACH
N/A

FISCAL IMPACT
The turnout gear purchase will cost $147,000, which was not included as a part of the FY 2023-24 approved budget. Therefore, staff is requesting for an appropriation of $147,000 from the Fire Mutual Aid Fund balance. The appropriation request is outlined below:

Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$147,000 24241-2660-GFD000-51000-2660-GFD4000-P0000-Fire Mutual Aid Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
N/A

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
112 of 642
4 a 8
Alternative 1: Adopt the appropriation, standardization, and dispensing with competitive bidding for the purchase of specialized personal protective equipment and turnout gear for the procurement of Fire-Dex products and related services from Municipal Emergency Services, Inc. (MES).

Alternative 2: Do not adopt the appropriation, standardization, and dispensing with competitive bidding for the purchase of specialized personal protective equipment and turnout gear for the procurement of Fire-Dex products and related services from Municipal Emergency Services, Inc. (MES). of specialized equipment in conjunction with Fire-Dex turnout gear, manufactured by Fire-Dex.

Doing so would delay the procurement of this critical piece of firefighter safety equipment.

ADMINISTRATIVE ACTION
Submitted by:

Tim Ernst, Fire Chief
Prepared by:

Jeffrey Brooks, Fire Battalion Chief
Approved by:

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

EXHIBITS/ATTACHMENTS
113 of 642
C:\inetpub\wwwroot\multitenant\temp\CC_11072023_Resolution_8a1.pdf RESOLUTION NO.______________

A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA,

ESTABLISHING STANDARDIZATION OF MANUFACTURER, DISPENSING WITH

COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASING ADMINISTRATOR TO

PURCHASE FIRE-DEX PRODUCTS AND RELATED SERVICES FROM MUNICIPAL EMERGENCY SERVICES, INC. (MES)
WHEREAS, turnout gear for Fire Department personnel must meet the specifications in NFPA 1851, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting and following the NFPA 1851 Standard ensures the Fire Department adheres to comprehensive criteria for protective ensembles to reduce health and safety risks associated with improper maintenance, contamination, or damage.; and
WHEREAS, the consequences of equipment failure are serious and may result in employee injury and/or fatality; and
WHEREAS, the turnout ensemble is composed of two principal elements, a pant and jacket and each member is outfitted with two sets of turnout gear, with a life cycle of 10 years per set; and
WHEREAS, significant improvements continue to be made in turnout gear because of ongoing threats facing firefighters and based on improvements in textiles and manufacturing, which include:
• Weight reduction in gear for improved firefighter mobility to combat fatigue and heat stress, which can have serious impacts on firefighter health and safety; • Cancer causing particulate blocking designs in the coat/pant interface area and at the boot junction;
• Installation of drag rescue devices to assist with removing downed firefighters; • Emergency egress and bailout systems;
• Improvements to the thermal liner, moisture barrier, and outer shells; and WHEREAS, Fire Department personnel have conducted a thorough evaluation of the three major brands of firefighter turnout gear on the market, rating the following factors:
• Manufacturer’s background;
• Ability to develop a specification that provides a seamless transition; • Wear test results;
• Delivery timeframes from point of order for academies and replacement gear cycles; and • Cost and Warranty; and
WHEREAS, over the past year the Fire Department conducted extensive field testing consisting of common fireground operations to ensure that the gear performs as designed and have found the performance to meet or exceed expectations and after conferring with other agencies in the Southern California Area PPE Consortium Group (SCAPPEC), staff contacted the manufacturer of the highest rated turnout gear, Fire-Dex, and began writing specifications for the required features and options and recommend that Fire-Dex be the standardized turnout gear that we purchase for the next 10 years; and
WHEREAS, the City of Glendale Purchasing Policy promotes the standardization of commonly used items, vehicles, and equipment and this process will eliminate repetitive future 114 of 642
C:\inetpub\wwwroot\multitenant\temp\CC_11072023_Resolution_8a1.pdf approvals by the City Council for similar equipment and standardized items need to be reviewed by the Departments at least every five years and need to be approved by City Council at least every ten years.

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

1. That the City Council hereby approves the standardization of the specialized personal protective equipment and turnout gear for the procurement of Fire-Dex products and related services from Municipal Emergency Services, Inc. (MES) to ensure reliability, with the understanding that reasonable effort will be made in the purchase of such equipment to obtain competitive pricing.

2. That the determination to standardize Fire-Dex will be reviewed by the Fire Department and Purchasing Section at least every five years and the Fire Department will seek approval from City Council at least every ten years.

3. That the foregoing facts are deemed to be true and correct and a basis for dispensing with competitive bidding and the Council hereby finds that it is in the best interests of the City to dispense with competitive bidding.

4. The Purchasing Administrator is hereby authorized to issue purchase orders with Municipal Emergency Services, Inc. (MES), for purchase of specialized personal protective equipment and turnout gear and related services as needed, as long as the budget is available.

Adopted this __________ day of ______________________, 2023. _________________________________
Mayor
ATTEST:
_______________________________
City Clerk

STATE OF CALIFORNIA )
) SS

COUNTY OF LOS ANGELES )
I, Dr. Suzie Abajian, Clerk of the City of Glendale, certify that the foregoing Resolution No. ________________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ____________________, 2023, and that same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
City Clerk
115 of 642
116 of 642
8b

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Beeline Maintenance Facility Bus Electrification and Parking Deck Design and Management/Owner Representative Services for the Parking Deck and Electrification Infrastructure, Award of Professional Services Agreements 1) Motion authorizing the City Manager or his designee to execute a Professional Services Agreement with Stantec Architecture Inc., for the Beeline Maintenance Facility Bus Electrification and Parking Deck Design for $1,350,000. 2) Motion authorizing the City Manager or his designee to execute a Professional Services Agreement with The LeFlore Group, LLC for Project Management/Owner Representative Services for the Glendale Beeline Bus Maintenance Facility Parking Deck and Electrification Infrastructure for $399,862. 3) Resolution of appropriation for $1,399,862 for the agreements

COUNCIL ACTION
Item Type: Action Item
Approved for November 7, 2023 calendar

EXECUTIVE SUMMARY
To begin the transition to a battery-electric Beeline Transit fleet, the City of Glendale received and accepted the Transit and Intercity Rail Capital Program (TIRCP) grant funds to electrify the Beeline transit fleet including designing and constructing a parking deck with a photovoltaic canopy and installing electrification infrastructure. The Request for Proposals process was completed for the design of the Beeline Maintenance Facility Bus Electrification and Parking Deck and Stantec Architecture, Inc. (Stantec) was selected for the work. The total amount of this proposed Professional Services Agreement (PSA) is $1,350,000. Additionally, a project manager and owner’s representative is needed to manage the design and construction of the parking deck and electrification infrastructure.

Following State of California competitive process, The LeFlore Group, LLC (TLG) was selected for this work. The total amount of this proposed PSA is $399,862. A resolution of appropriation of $1,399,862 total from the Grant CIP Fund and Measure R Local Return Fund is needed to fully fund the agreements.
117 of 642
2 b 8

RECOMMENDATION
Approve the motions authorizing the execution of PSAs for the Beeline Maintenance Facility Bus Electrification and Parking Deck Design with Stantec for $1,350,000 and for Project Management/Owner Representative Services for the Glendale Beeline Bus Maintenance Facility Parking Deck and Electrification Infrastructure with TLG for $399,862. Also approve a resolution of appropriation of $1,399,862 from the Grant CIP Fund and Measure R Local Return Fund to cover the cost of the proposed work.

BACKGROUND
In February 2022 CALSTART completed the “Transit Fleet Electrification Feasibility Study for the Arroyo Verdugo Region Transit Operators.” The study determined the City of Glendale’s Beeline fixed-route bus service can convert to battery electric as the current batteries can provide sufficient range to operate all but one Beeline route on single charge. The study also found the Beeline Bus Maintenance facility size was insufficient to install the electrification infrastructure. Glendale would need to build a parking deck above the existing bus parking to provide additional space for the electrification infrastructure to convert to battery-electric buses.

Public Works staff submitted an application to CalSTA’s TIRCP program to electrify the Beeline transit fleet including: purchasing battery electric buses and chargers, designing and constructing a parking deck with a photovoltaic canopy, installing electrification infrastructure, installing shelter and shade structures and e-ink real time bus arrival information at bus stops, installing bus technologies on Beeline buses including Cal-ITP’s contactless fare payment readers, funding an integration study to better connect Beeline services with the new BRT service, Metro and Metrolink/Amtrak services, and BurbankBus, an creating a climate mobility and safety app to encourage transit ridership.

On September 20, 2022, the City Council approved the acceptance of the TIRCP award of $33.1 million to electrify the Beeline transit fleet including the design and construction of a parking deck with a photovoltaic canopy and the installation of electrification infrastructure to power the Beeline battery-electric buses.

Public Works staff requested a TIRCP funding allocation for the Design of the Parking Deck and Project Management services that will both be provided from the design through the construction and commissioning of the parking deck.

The procurement followed the Federal Transit Administration (FTA) and the State of California for Architecture and Engineering services that first rates firms on their technical qualifications. Staff then opens the cost proposal of the highest qualified firm and negotiates the price. If an agreement cannot be reached with the first firm, the next highest ranked firm’s cost proposal is opened, and the negotiations proceed.

ANALYSIS
The Beeline Maintenance Facility Bus Electrification and Parking Deck Request for Proposal was released on April 27, 2023. On June 7, 2023, two proposals were received 118 of 642
3 b 8
that contained two sealed envelopes (Technical Proposal and Cost Proposal) each.

An evaluation team of staff from Public Works, and Glendale Water and Power reviewed and scored the technical proposals based on the evaluation criteria provided in the RFP that included experience with similar projects, work plan, key personnel qualifications, references and proposer responsiveness.

Based on the scores of the Technical Proposals, Stantec was the top ranked firm.

Stantec’s qualifications and experience with bus transit electrification projects including designing the current Beeline Bus Maintenance facility allowed them to score above the other proposer.

Stantec’s submitted a cost proposal of $1,846,442.77 for the design of the parking deck, cost estimate and construction support. Public Works staff along with a consultant, LeFlore Group negotiated the cost down to $1,350,000 while maintaining the scope of work. Thirteen project cost categories were examined, and cost savings were identified in multiple areas such as decreasing staff hours for construction management and aligning the subcontractor’s cost to match the City’s requirements lowered the cost estimate. This is a 6.4% increase from the engineer’s estimate of $1,268,750, however, staff believes this is the best value given the continued inflationary pressures as well as the specialized nature of designing transit electrification facilities, which add cost to a typical parking deck design.

Funding for the Parking Deck design is comprised of $350,000 in existing appropriation from Measure R Local Return and a new requested appropriation of $750,000 in TIRCP grant funding and $250,000 in new Measure R Local Return funding.

The city also has the need to secure the services of a project manager and owner’s representative to manage the design and construction of the parking deck and the electrification infrastructure project, protect the city’s interests, and assure project compliance with State and Federal Transit Administration (FTA). The State of California has competitively bid project management services and has published the California Multiple Award Schedule (CMAS). CMAS is a process with which the State of California Contract Scheduling selects vendors and consultants through a fair, reasonable, and competitive process. The services for these consultants and vendors are available for State and local agencies.

TLG is an approved consultant with an awarded contract through the CMAS competitive consultant selection/bidding process. Upon review of the electrification project, TLG identified appropriate levels of project management and owner’s representative services at a rate of $143.68 per hour which is less than the CMAS rate for TLG’s project management/Senior Consultant/Technical expert services of $161.05. In addition, TLG is a certified Disadvantage Business Enterprise (DBE) and Small Business Enterprise (SBE).
119 of 642
4 b 8
TLG has performed as Project Manager for similar FTA and State funded transit facility projects and are familiar with regulations and requirements. Most recently, TLG was the city Project Manager for the construction of the Beeline Maintenance Facility. TLG will use its expertise gained on this prior project to navigate the design and construction of the parking deck and implementation of charging infrastructure. City staff were pleased with TLG’s Project Management services on the Beeline Maintenance Facility project.

TLG will manage the design and construction of the parking deck, canopies and charging infrastructure. This project will proceed in stages and include Project Management and Monitoring services, Procurement and Solicitation, Contract Administration, Grant Administration, and Project Closeout. It is estimated the Project Management services will require 2,783 hours and will be completed in 36 months.

An appropriation of Measure R Local Return in the amount of $399,862 is needed to cover the costs of the PSA. The City of Glendale was awarded $4,930,194 in Metro Zero Emission Vehicle (ZEV) Call for Projects funding that will reimburse 80% of the cost of Project Management/Owner’s Representative. Grant reimbursement will be deposited back to Measure R Local Return. Metro’s ZEV grant agreement will be signed shortly and allows for projects that have already begun.

STAKEHOLDERS/OUTREACH
Outreach for this project will encompass a wide range of stakeholders, both internal and external. Internal stakeholders will include, but not be limited to, various Public Works Department, Glendale Water and Power, and the Fire Department. External stakeholders will involve agencies such as METRO, Caltrans, and Metrolink.

FISCAL IMPACT
The Beeline Maintenance Facility Bus Electrification and Parking Deck Design PSA will cost $1,350,000 and the Project Management/Owner Representative Services for the Parking Deck and Electrification Infrastructure PSA will cost $399,862 for a grand total of $1,749,862, a portion of which was included in the FY 2023-24 budget. Therefore, staff is requesting for an appropriation of $1,399,862 from the CIP Grant Fund and Measure R Local Return fund balance. The appropriation request is outlined below:

Existing Appropriation
Amount Account String Funding Source
$ 350,000 GL: 52100-2540-PWD-0020-P0000-
PL: PWD00833AN
Measure R Local Return
Fund
Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$ 750,000 GL: 25300-4090-
000-0000
GL: 52100-4090-PWD0020-P0000CIP Grant Fund
120 of 642
5 b 8
PL: PWD00833BG
$ 649,862 GL: 24212-2540-
PWD-0000
GL: 52100-2540-PWD0020-P0000
PL: PWD00833AN
Measure R Local
Return Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The Project is categorically exempt from environmental review because of CEQA Guidelines §§ 15306, as it consists of Project Management services which will not result in a serious or major disturbance to an environmental resource.

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 percent interest in the company proposed for contract in this Agenda Item Report are below for LFG and attached in Exhibit 1 for Stantec and in accordance with the City Campaign Finance Ordinance No.5744.

Officers of The LeFlore Group, LLC:

Full Name Title Business Address City State Zip Code
Rudolphus LeFlore CEO/President 8015 Ocean View Ave. Whittier CA 90602

ALTERNATIVES
Alternative 1: Authorize execution of PSAs with Stantec for Beeline Maintenance Facility Bus Electrification and Parking Deck Design in the amount of $1,350,000 and with TLG for Project Management/Owner Representative Services for the Glendale Beeline Bus Maintenance Facility Parking Deck and Electrification Infrastructure in the amount of $399,862 and a resolution of appropriation to fund both agreements.

Alternative 2: Elect not to award the PSAs as recommended herein. This will delay the transition to battery-electric buses.

Alternative 3: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Prepared by:

Martha D’Andrea, Transit Manager
121 of 642
6 b 8
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1 – Campaign Finance Disclosure
122 of 642
MOTION
Moved by Council Member , seconded
by Council Member , that the City Manager, or a
designee, is authorized to execute a professional services agreement for the Beeline Maintenance Facility Bus Electrification and Parking Deck Design, with Stantec Architecture, Inc., for the amount of $1,350,000 subject to approval to form by the Glendale City Attorney.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
123 of 642
8b
MOTION
Moved by Council Member , seconded
by Council Member , that the City Manager, or a
designee, is authorized to execute a professional services agreement for the Project Management/Owner Representative Services for the Glendale Beeline Bus Maintenance Facility Parking Deck and Electrification Infrastructure, with The LeFlore Group, LLC, for the amount of $399,862 subject to approval to form by the Glendale City Attorney.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
124 of 642
125 of 642
126 of 642
Exhibit 1
OFFICERS:

Title Name Office
CEO Gord Johnston 10220 103 Ave NW #300, Edmonton, AB
T5J 0K4, Canada
President & Chief
Operating Officer –
N. America
Stuart E. Lerner 475 Fifth Avenue, 12th Floor
New York, New York
10017-7239
Senior Vice President Harris J. (Josh) Gould 410 17th St Suite 1400, Denver, Colorado 80202
Vice President Megan Holmes 1500 Spring Garden Street, Suite 1100 Philadelphia, Pennsylvania 19130-4067
Vice President Christopher Wilson 555 Capitol Mall, Suite 650 Sacramento, California 95814-4583
Senior Associate Robert J. Graf 101 East Diamond Street, Suite 400 Butler, Pennsylvania 16001-5975
Senior Associate James Marino 1001 Lakeside Avenue East, Suite 1600 Cleveland, Ohio 44114-1193
Secretary Brian Reno 224 South Michigan Avenue, Suite 1400 Chicago, Illinois 60604-2590
Treasurer Gary Semling 1383 North McDowell Boulevard, Suite 250 Petaluma, CA 94954-7118
10%+ SHAREHOLDERS:

DIRECTORS:

Name Office
Stuart E. Lerner 475 Fifth Avenue, 12th Floor
New York, New York 10017-7239
Harris J. (Josh) Gould 410 17th St Suite 1400,
Denver, Colorado 80202
Megan Holmes 1500 Spring Garden Street, Suite 1100
Philadelphia, Pennsylvania 19130-4067
Christopher Wilson 555 Capitol Mall, Suite 650
Sacramento, California 95814-4583
Robert J. Graf 101 East Diamond Street , Suite 400
Butler, Pennsylvania 16001-5975
Brian Reno 224 South Michigan Avenue, Suite 1400
Chicago, Illinois 60604-2590
Gary Semling 1383 North McDowell Boulevard, Suite 250
Petaluma, California 94954-7118
Name Office
Stuart E. Lerner 475 Fifth Avenue, 12th Floor
New York, New York 10017-7239
Megan Holmes 1500 Spring Garden Street, Suite 1100
Philadelphia, Pennsylvania 19130-4067
Christopher Wilson 555 Capitol Mall, Suite 650
Sacramento, California 95814-4583
Robert J. Graf 101 East Diamond Street , Suite 400
Butler, Pennsylvania 16001-5975
Brian Reno 224 South Michigan Avenue, Suite 1400
Chicago, Illinois 60604-2590
Gary Semling 1383 North McDowell Boulevard, Suite 250
Petaluma, California 94954-7118
127 of 642
8c

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Calling for and giving notice of the General Municipal Election to be held on Tuesday, March 5, 2024
1) A Resolution Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, March 5, 2024, in the City of Glendale, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to Charter Cities
2) A Resolution Requesting the Board of Supervisors of the County of Los Angeles to Direct the Registrar-Recorder/County Clerk to Render Full Consolidated Election Services, with the Exception of Candidate Filing, to Said City Relating to the Conduct of a General Municipal Election to be Held on March 5, 2024 3) A Resolution Setting Forth Regulations Relating to Candidate Statements for the March 5, 2024 General Municipal Election
4) A Resolution of Appropriation in the amount of $591,547 for the March 5, 2024 Election

COUNCIL ACTION
Item Type: Action Item
Approved for November 7, 2023 calendar

EXECUTIVE SUMMARY
This report and corresponding resolution are a requirement for calling and holding the General Municipal Elections on March 5, 2024.
128 of 642
2 c 8

RECOMMENDATION
That the City Council approve a Resolution calling for the March 5, 2024, General Municipal Election for two City Council seats, each for a four-year term, and the City Council adopt a Resolution requesting consolidated election services, except for candidate filing, from the County of Los Angeles Registrar-Recorder. Finally, that the Council adopt a resolution setting forth regulations relating to candidate statements and a resolution of appropriation in the amount of $591,547 for the election cost.

ANALYSIS
To comply with State law, in 2018, the City Charter was amended by Glendale voters to change municipal election dates from April of odd numbered to even numbered years by consolidating with Statewide Primary elections starting in March of 2020. Both Glendale Unified School District (GUSD) and the Glendale Community College District (GCC) adopted similar requirements so that all three agencies would hold their elections with the Statewide Primary Election in 2020.

Senate Bill 970 made it so that presidential primary elections would remain in March of even numbered years (EC 1000(a)) but moved gubernatorial primary elections to June of even numbered years (EC 1000(d)).

Both GUSD and GCC Boards have adopted resolutions calling for an election for their respective bodies to be held on March 5, 2024. The GUSD Board and GCC Trustees have both independently voted to have elections on the same date and are filing requests with the County of Los Angeles Registrar/Recorder (Exhibit 1 & 2 ). Both agencies have also requested that the Office of the Glendale City Clerk act as the filing officer for candidate filings.

The County estimates the election cost based on the following statistics: 111,948 registered voters. Over 90% of the cost is marked as Election Preparation, Election Operations, and Vote-by-Mail Processing.

The City will have staff on its premises to assist candidates and voters with questions regarding the ballot and the changes in the voting system. Additionally, the City Clerk's office will continue to work with the County to identify locations for voting centers.

The City Clerk recommends adoption of a resolution that will establish a policy related to costs associated with candidate statements. The policy establishes the time to submit the candidate statement, a deposit for payment of costs associated with publication of the candidate statement, translation costs, and determination of pro rata costs associated with publication of candidate statements.

In October 2021, the Glendale Municipal Code was amended to add Chapter 1.09, which allocated public funds during election years to assist qualifying local candidates with the payment of the cost (payable to the County of Los Angeles) to file the Candidate 129 of 642
3 c 8
Statement, in the English language, in the voter booklet, and the waiver of the local City filing fee of $25. The County filing fee for the Candidate Statement is based on the number of registered voters within the jurisdiction and changes for every election cycle.

STAKEHOLDERS/OUTREACH
The Office of the City Clerk will publish all election related materials in Korean, Spanish, Tagalog, English and Armenian, which will include translations, newspaper publishing, public service announcements, social media posts and two banners that are located in the Glendale Community College bridge, and Montrose Shopping District. Additionally, the pertinent information will be disseminated through utility bill inserts as well as social media leading up to the day of the election. Finally, City staff will be available to answer questions and provide information to all stakeholders.

FISCAL IMPACT
The total cost for the City of Glendale’s March 5, 2024 election is $521,547 and an estimated additional $70,000 for advertising, postage, labor charges, and the local election filing cost assistance program, totaling $591,547. This amount was not included as part of the FY 2023-24 budget, therefore staff is requesting an appropriation of $591,547 from the General Fund Undesignated Fund Balance. The appropriation request is outlined below:

Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $ 591,547 25300-1010-000 43110-1010-CCD-1500-
P0000
General Fund –
Undesignated Fund
Balance

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item is exempt from CEQA. It is not a project and there is no reasonable likelihood that it will result in any significant impacts to the environment.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Immediately call for a General Municipal Election to be conducted on March 5, 2024 and approve a Resolution of Appropriation in the amount of $591,547.

Alternative 2: The City Council may consider any other alternative not proposed by staff. 130 of 642
4 c 8

ADMINISTRATIVE ACTION
Submitted by:

Dr. Suzie Abajian, City Clerk
Prepared by:

Aram Adjemian, Assistant City Clerk
Approved by:

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

EXHIBITS/ATTACHMENTS
1) Glendale Community College Staff Report and Resolution 11-2023-2024 Ordering the LA County Superintendent of Schools to call an election for members of the GCC governing board.
2) GUSD Staff Report and Resolution No. 15 Calling on the LA County Superintendent of Schools to call an election for members of the GUSD governing board. 131 of 642

RESOLUTION-----

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE

CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, IN THE CITY OF

GLENDALE, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO

CHARTER CITIES
WHEREAS, a general municipal election is to be held on March 5, 2024, in the city of Glendale (“City”), for the two vacancies on the City Council, each for the full term of four years; and
WHEREAS, Article V, Section 1 of the Charter of the City of Glendale, requires that a general municipal election of officers be held in the City to coincide with any statewide primary election date in even numbered years;

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

SECTION 1.That pursuant to the requirements of California Elections Code Section 10403, the Board of Supervisors is requested to consent and agree to the consolidation of the City’s municipal election with the Statewide Primary Election to be held on Tuesday, March 5, 2024, for the purpose of electing two members of the City council, each for the full term of four years; and to direct the Registrar-Recorder/County Clerk to perform all necessary functions, services, and tasks related to: the complete and successful conduct of said consolidated elections; the provision of all election materials and equipment; the hiring, training and supervision of election workers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; the tallying of votes; canvassing and the certification of election results;
SECTION 2. That the Los Angeles County Registrar-Recorder/County Clerk is authorized to canvass the returns for the City’s general municipal elections. The City’s general municipal election and the statewide primary election occurring on March 5, 2024 in Glendale shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The elections will be held and conducted in accordance with the provisions of law regulating municipal elections.

SECTION 3. That the City recognizes that additional costs will be incurred by the County by reason of these consolidated elections and agrees to reimburse the County for election related costs resulting from said consolidations. The City Director of Finance is authorized and directed to pay out of the General Fund of the City a sum equal those costs upon the completion of the services as described above and upon presentation to the City of a bill.

SECTION 4. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the Registrar-Recorder/County Clerk, each a certified copy of this resolution.

SECTION 5. That the Board of Supervisors is requested to issue instructions to the 132 of 642
CC_11072023_Resolution_8c1.pdf
Registrar-Recorder/County Clerk to take any and all steps necessary for the holding of these consolidated elections.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Adopted this day of , 2023
Mayor
ATTEST:

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF GLENDALE )
I, Dr. Suzie Abajian, 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 , 2023, by the following vote:

Ayes:

Noes:

Absent:

City Clerk
133 of 642

RESOLUTION-----

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE

CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, IN THE CITY OF

GLENDALE, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES.

WHEREAS, Article V, Section 1 of the Charter of the City of Glendale, requires that a General Municipal Election of officers be held in the City to coincide with any statewide primary election date in even numbered years; and WHEREAS, as provided by the Charter of the City of Glendale, there will be on said date, two vacancies on the City Council, each for the full term of four years; and

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

SECTION 1.That pursuant to the requirements of the Charter of the City of Glendale, local ordinances, and, when appropriate, laws of the State of California, there is called and ordered to be held in the City of Glendale, California on Tuesday, March 5, 2024, a general municipal election for the object and purpose of electing two vacancies on the City Council, each for the full term of four years; SECTION 2. That the ballots to be used at the election shall be in form and content as required by law;
SECTION 3. The Vote Centers for the consolidated elections shall be open as required during the identified voting period, pursuant to Election Code Sections 4007 and 14404;
SECTION 4. That the City Clerk is authorized and instructed to cooperate with the Los Angeles County Registrar/Recorder to ensure that the County procures and furnishes any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election;
SECTION 5. That the Los Angeles County Registrar-Recorder/County Clerk is authorized to canvass and certify the election returns for the consolidated elections and pursuant to provisions in Article V, Section 3, of the Glendale City Charter, the City Clerk shall present the final results to the City Council so that they may canvass the election returns on April 1, 2024;
SECTION 6. That in all particulars not recited in this resolution, the election shall be noticed, held and conducted as provided by law for holding municipal elections.

SECTION 7. That notice of the time and place of the holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner required by law.
134 of 642
CC_11072023_Resolution_8c2.pdf
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Adopted this day of , 2023
Mayor
ATTEST:

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF GLENDALE )
I, Dr. Suzie Abajian, 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 , 2023, by the following vote:

Ayes:

Noes:

Absent:

City Clerk
135 of 642
CC_11072023_Resolution_8c3.pdf
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA SETTING FORTH REGULATIONS RELATING TO
CANDIDATE STATEMENTS FOR THE MARCH 5, 2024 GENERAL

MUNICIPAL ELECTION
WHEREAS, Section 13307 of the California Elections Code (“Elections Code”) provides that each candidate for nonpartisan elective office in any local agency may prepare a candidate's statement on an appropriate form provided by the City Clerk.

Such statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself, except that the statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement of each candidate shall be filed in typewritten form in the office of the City Clerk at the same time the candidate's nomination papers are filed. As provided in Section 13307(a)(3), except as provided in Elections Code Section 13309, such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period; and
WHEREAS, Elections Code Section 13307 also permits the City to adopt regulations to ensure recovery of the pro-rata costs from each candidate and Glendale Municipal Code Chapter 1.09, allocates public funds during election years to assist qualifying local candidates with the payment of the cost (payable to the County of Los Angeles) to file the Candidate Statement, in the English language, in the voter booklet, and the waiver of the local City filing fee of $25. The County filing fee for the Candidate Statement is based on the number of registered voters within the jurisdiction and changes for every election cycle; and
WHEREAS, Pursuant to Section 13307(c) of the California Elections Code, the governing body of the City of Glendale authorizes the preparation of candidate statements for nonpartisan elective office for the purpose of electronic distribution.

Candidates will prepare statements for electronic distribution pursuant to Section 13307(a) of the Elections Code. A statement prepared pursuant to this subdivision shall be posted on the internet website of the County Elections Official. Pursuant to Section 13307.7(a) of the Elections Code, candidates shall provide payment of the requisite fee to cover the duties and procedures set forth in Sections 13307(b) and (d) of the Elections Code; and
WHEREAS, Elections Code Section 13311 mandates that candidate statements shall remain confidential until the expiration of the filing deadline.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Glendale as follows:

SECTION 1. The City Clerk shall advise all persons to whom nominating papers are issued of the provisions of the Elections Code pertaining to said candidate's statement and the City's requirements thereunder.
136 of 642
2 SECTION 2. A statement must be filed by the candidate at the same time the candidate's nominating papers are filed.

SECTION 3. No candidate will be permitted to include additional statements or materials in the sample ballot pamphlet.

SECTION 4. A deposit shall be estimated by the City Clerk and shall be required of each candidate requesting publication of a candidate's statement pursuant to the Elections Code. The deposit is due at the time the nominating papers and candidate’s statement are filed.

Candidates who wish to include translations of their candidate’s statement for any languages not required to be translated and printed by the Federal Voting Rights Act, shall pay estimated translation and printing costs at the time the nomination papers and candidate’s statements are filed.

SECTION 5. Each candidate filing such statement shall be liable for a pro-rata share of the actual cost of printing the candidate’s statement in English, or any additional languages requested by the candidate but not required under the Federal Voting Rights Act. No candidate will be charged a pro-rata share of costs incurred as a result of complying with the Federal Voting Rights Act of 1965. The Director of Finance shall bill each candidate for the actual pro-rated costs of printing the candidate's statement, if required, and such bill shall be due and payable immediately upon receipt thereof. If the actual cost is less than the deposit, the Director of Finance shall refund any excess deposit to the candidate within 30 days of the election.

SECTION 6. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Los Angeles County Registrar-Recorder/County Clerk. Armenian, Korean, Spanish, and Tagalog are languages within Glendale that have been identified by 2010 Census data and the County of Los Angeles as single-language minorities and limited-English proficient; and where 3% or more of voters in certain precincts have requested language assistance in one of these three required languages. It is the County’s policy to print single-language ballot books, with voters receiving election information in the requested language. For voters in Glendale that have self-designated as English proficient, they will receive an English only booklet. For Spanish speaking voters that have requested election information in Spanish, they will receive ballot books printed in English and Spanish.

Similarly, Armenian, Tagalog, and Korean translated ballot books will be prepared and sent to voters that have requested translations in those languages.

SECTION 7. All translations shall be provided by professionally-certified translators. The Los Angeles County Elections Official shall allow: bold type, underlining, capitalization, indentations, and leading hyphens. The Los Angeles County Elections Official shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 8. The City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nomination forms are issued. 137 of 642
3 SECTION 9. At the time of filing nominations papers, each candidate shall execute a statement on a form provided by the City Clerk which shall provide that such candidate agrees to comply with all applicable statutes, ordinances, resolutions and laws, whether federal, state or local, which govern local municipal elections and that the candidate further agrees to pay all applicable charges or fees required by federal, state or local laws, for the conduct of such local municipal elections.

SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Adopted this day of , 2023
Mayor
ATTEST:

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF GLENDALE )
I, Dr. Suzie Abajian, 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 , 2023, by the following vote:

Ayes:

Noes:

Absent:

City Clerk
138 of 642
139 of 642
140 of 642
141 of 642
142 of 642
143 of 642
144 of 642
145 of 642
146 of 642
147 of 642
148 of 642
149 of 642
150 of 642
151 of 642
152 of 642
153 of 642
154 of 642
155 of 642
156 of 642
157 of 642
158 of 642
159 of 642
160 of 642
161 of 642
162 of 642
163 of 642
164 of 642
165 of 642
166 of 642
167 of 642
9a

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Public Hearing on the Appeal of the Decision of the Director of Public Works Granting Encroachment Permit No. EP-823 for the Installation of Wireless Telecommunications Facilities in the Public Right of Way located in front of 1544 W.

Kenneth Road

1. Motion DENYING the appeal and upholding the decision of the Director of Public Works granting Encroachment Permit No. EP-823.

2. Motion GRANTING the appeal, reversing the decision of the Director of Public Works, and continuing the matter until November 28, 2023, for the City Attorney to prepare findings consistent with Council direction.

COUNCIL ACTION
Item Type: Public Hearing
Approved for November 7, 2023 calendar

EXECUTIVE SUMMARY
This is an appeal filed by Appellant Mr. Patrick Masihi, appealing the decision of the Director of Public Works granting Encroachment Permit No. EP-823 (“EP-823”) for the installation of Wireless Telecommunications Facilities in front of 1544 W. Kenneth Road. 168 of 642
2 a 9

RECOMMENDATION
Staff recommends that the City Council DENY the appeal of the decision of the Director of Public Works granting EP-823 for the installation of small cell wireless telecommunication (“Small Cell”) facilities in the public right-of-way (“ROW”) located in front of 1544 W. Kenneth Road and UPHOLD the decision of the Director of Public Works Granting Encroachment Permit No. EP-823.

ANALYSIS

1. On February 21, 2023, ExteNet Systems, LLC (“ExteNet”), a company that is licensed by the State of California Public Utilities Commission, applied for an Encroachment Permit (EP) to install 5G small cell wireless telecommunication (Small Cell) facilities within City’s public right-of-way located in front of 1544 W.

Kenneth Road. ExteNet’s application for EP-823 is attached as Exhibit 1.

2. On July 17, 2023, a public hearing was held, in accordance with City’s municipal code relating to and governing the application for such Small Cell facility encroachment permits. Minutes from the July 17, 2023 public hearing are attached as Exhibit 2.

3. On August 11, 2023, the Director of Public Works granted EP-823 to ExteNet for the proposed Project. The Director’s correspondence granting EP-823 is attached as Exhibit 3.

4. On August 24, 2023, the instant appeal was filed challenging the granting of EP823.

ExteNet’s proposed project in accordance with EP-823 (“Project”) is comprised of the following:
• Removal & replacement of existing 25'-0" Above Ground Level (AGL) round metal street light pole & foundation with new 25'-0" AGL round metal street light pole (CA002_Glendale_137) & foundation 5'-0" east of original location • New 3'-6" x 8'-0" reinforced foundation 5'-0" east of original location. • Three new 16.2" x 8.1" x 6.1" panel antennas with integrated Remote Radio Units (RRU) within concealment shroud.
• 11.50" x 8.0" x 3.313" meter can locate within round metal street light pole. • 10.43" x 9.38" x 5.06" AC disconnect/load center with integrated surge protection within new round metal street light pole.
• One 24" x 36" x 18" pull box for underground fiber infrastructure connection (under separate permit).
• Proposed facility will not emit any sound.
• Two 17" x 30" x 24" pull box for service power connection; and • Proposed facility will not emit any sound.
169 of 642
3 a 9
On July 17, 2023 the Public Works Department held a properly noticed public hearing regarding the consideration of EP-823 as well as 6 other Small Cell facilities encroachment permit applications. A total of three individuals spoke during the public hearing. A summary of the public speaker comments from the July 17, 2023 hearing is attached as Exhibit 2. On August 11, 2023, the Director of Public Works granted EP-823 to Extenet for the proposed Project, as well as the permits for the other Small Cell facilities.

The Appeal:

On August 24, 2023 Mr. Patrick Masihi (“Appellant”) filed an appeal appealing the decision of the Director of Public Works granting EP-823 for the proposed Project.

Glendale Municipal Code, 1995 (GMC) Section 12.08.037(K)(2) requires that appeals from the decision of the Director of Public Works relating to encroachment permits for wireless telecommunications facilities in the public right-of-way in non-preferred zones be heard by the City Council. The Appellant’s appeal is attached to this report as Exhibit 4.

Appellant contends that the proposed radio frequency (“RF”) emissions from the proposed facility will adversely impact the health and safety of residents and decrease property values.

Appellant also contends that the proposed location is near a private childcare facility and that Verizon has not presented the city with a study on the health and safety of 5G technology in the past 15-20 years.

Appellant seeks an alternate location for the proposed facility.

Public Notice of the Appeal Hearing:

The GMC requires public notice for appeal to the City Council pursuant to GMC Chapter

2.88. Notice of this appeal hearing has been given, in accordance with GMC Section

2.88.070, by publishing notice once in Glendale Independent at least 10 days before the appeal hearing; by providing mailed notice, at least 10 days prior to the appeal hearing date, to all persons within a radius of 500 feet of the property which is the subject of the proposed appeal; and by posting notice of this hearing at the property subject to the proposed appeal at least 10 days prior to the appeal hearing date. In addition, Public Works staff posted the public hearing notice on the city’s website under the Public Works Department page. In the case of this appeal, the proper public notices have been given in compliance with the GMC.

City Council Review:

GMC Section 2.88.090 governs the appeal proceedings at issue. Pursuant to GMC

2.88.090, the City Council’s review of this appeal shall be de novo, meaning the City Council shall make an independent re-examination of the matter. The Appellant has the 170 of 642
4 a 9
burden of proof to present evidence to demonstrate that the Director of Public Works erred in granting the Encroachment Permit for the Project.

The City Council, after considering all evidence, written and oral, may decide to either uphold the decision of the Director of Public Works issuing the Encroachment Permit for the Project or reverse the decision of the Director of Public Works and deny the Encroachment Permit issued for the Project. The decision of the City Council will be the city’s final decision.

Independent Expert Review:

The city’s consultant Telecom Law Firm, P.C. (TLF), who assists the Public Works Department with the review of wireless facilities applications, has reviewed the applications for EP-823 for completeness and compliance with all requirements of the GMC, as well as to ensure that the applicant has met all federal RF safety requirements.

The TLF Memo is attached hereto as Exhibit 5.

Additionally, during the public hearing, ExteNet’s expert responded to questions and concerns relating to RF safety.

The Project is in compliance with Glendale Municipal Code Section 12.08.037. All facilities to be constructed or placed in the public right-of-way require Encroachment Permits. GMC Section 12.08.037 regulates wireless transmission facilities, inclusive of small cell attachments, proposed in the public right-of- way.

The TLF Memo did not consider or discuss property values. In preparation for this appeal hearing, staff raised this issue with TLF’s report author, Dr. Kramer, who reviewed the appeal materials provided by the Appellant. He reports that courts most often want expert testimony on the question from qualified real estate appraisers, not merely real estate agents, and that the appraisers have direct and on-point experience appraising the impact of actual cell sites. There is no such qualified expert and reliable evidence of any expected property value diminution provided in the instant appeal.

The requirements of GMC 12.08.037 are addressed below:

1. All notification requirements have been met by mailed notice of the proposed Project, as well as the notice of public hearing, sent to properties within a 500 ft. radius and by posting the location of the Project with said notice as required by GMC Section 12.08.037(H)(1).

2. The proposed facility meets the provisions of GMC Section 12.08.037, which are addressed in this Council Report and TLF’s Memo (Exhibit 5 mentioned above).

3. The proposed facility will not interfere with the use of the public right-of-way and existing improvements and utilities thereon.
171 of 642
5 a 9

4. The proposed facility will not physically or visually interfere with vehicular, bicycle, and/or pedestrian use of streets, intersections, bicycle lanes, driveways, sidewalks, and/or walkways.

5. The proposed facility will comply with the Americans With Disabilities Act.

6. To the maximum extent reasonably feasible, the proposed facility has been designed to blend with the surrounding area and the facility is appropriately designed for the specific site.

7. ExteNet has provided three ‘alternative’ locations for the proposed small cell site.

Alternative Site 1 is at the corner of Justin Avenue and Kenneth Road (nearest address:
1555 Kenneth Road). Extenet ruled out this alternative because of an immediately adjacent mature tree that would block a portion of the proposed radio signals.

Alternative Site 2 is at the corner of Ruberta Avenue and Kenneth Road (nearest address: 1523 Kenneth Road). ExteNet also ruled out this alternative because of immediately adjacent mature trees that would block a portion of the proposed radio signals. Alternative Site 3 is in front of 1265 Justin Avenue. Extenet ruled out this location asserting that a small cell at this location will not meet the coverage objectives.

In the case of this site, the city does not consider it to be a true alternative because ExteNet asserts this ‘alternative’ would not be a viable candidate given its location.

8. The proposed facility is not a high visibility facility, but rather a low visibility design for the proposed facility. The proposed Project is camouflaged wireless facility mounted atop of a streetlight.

9. That specific physical or technical factors make infeasible the use of co-location upon a preexisting antenna support structure or preexisting building or structure.

10. That there is a significant gap in the existing wireless service that the proposed facility is intended to close. The application and propagation maps submitted by ExteNet assert a significant gap and poor data rates by Verizon, for whom ExteNet is constructing this site.

State or local agencies are prohibited from establishing statutes, regulations, or local requirements which “may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.” 47 USC Section 253(a). The regulatory authority of municipalities is limited to time/place/manner – e.g. traffic safety, aesthetics, pole load, noise.

The FCC has exclusive jurisdiction over RF safety standards. “No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the 172 of 642
6 a 9
Commission’s regulations concerning such emissions.” 47 USC Section 332(c)(7)(iv).

Municipalities are allowed to request that an applicant provide proof of compliance with FCC RF safety standards, as well as antenna height standards adopted by the Federal Aviation Administration (“FAA”).

As set forth in the city’s independent expert consultant Memo, the proposed Project meets all requirements for application completeness and compliance with the federally- required RF safety rules.

Based on the foregoing, staff recommends that the City Council deny the appeal.

STAKEHOLDERS/OUTREACH
Not Applicable.

FISCAL IMPACT
There will be minimal fiscal impact as a result of the denial or grant of the appeal. If the appeal is granted, the city will not collect the $200 annual attachment fee and the other related cost-based fees. Conversely, if the appeal is denied, the revenue to the city from the attachment will be minimal.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This Project falls within the Class 3 categorical exemption under the California Environmental Quality Act (CEQA) guidelines. (14 Cal. Code of Regulations, Section 15303). Class 3 exempt projects consist of “construction and location of limited numbers of new small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Class 3 examples include, but are not limited to, water main, sewage, electrical, gas and other utility extension, including street improvements of reasonable length to serve such construction. (Section 15303(d)).

CAMPAIGN DISCLOSURE
Not Applicable.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: The City Council may uphold the decision of the Director of Public Works granting EP-823.

Alternative 2: The City Council may reverse the decision of the Director of Public Works granting EP-823.

Alternative 3: The City Council may consider any other alternative. 173 of 642
7 a 9

ADMINISTRATIVE ACTION
Submitted by:

Yazdan T. Emrani, P.E., Director of Public Works
Prepared by:

Yazdan T. Emrani, P.E., Director of Public Works
Sarkis Oganesyan, Deputy Director of Public Works
Dorine Martirosian, Principal Assistant City Attorney
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1 – Encroachment Permit Application Packet by ExteNet.

Exhibit 2 – Summary of Minutes of Public Speaker Comments – July 17, 2023.

Exhibit 3 – August 11, 2023, Director of Public Works correspondence granting the Encroachment Permit.

Exhibit 4 – Appeal filed by Appellant Patrick Masihi.

Exhibit 5 – Report of Dr. Jonathan L. Kramer, Telecom Law Firm, P.C., the City’s independent expert.
174 of 642
1 M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that upon review and consideration of all documents, material and exhibits relative to the appeal of the decision of the Direction of Public Works granting Encroachment Permit No. EP823 for the attachment of wireless transmission facilities to the street light pole located in the public right-of-way adjacent to 1544 W. Kenneth Road (EP-823), and after having conducted a public hearing on the appeal on November 7, 2023, pursuant to Glendale Municipal Code, 1995 (GMC), and receiving testimony, the City Council, based upon all of the evidence in the record hereby DENIES the appeal and SUSTAINS the decision of the Director of Public Works granting EP-823, for all of the reasons outlined in the Report dated November 7, 2023 by the Director of Public Works (Report), including any attachment thereto and any other evidence presented at the hearing, including any additional Council comments at the hearing, and the following findings:

1. The proposed facility meets the provisions of GMC Section 12.08.03 addressed in the November Council Report.

2. The proposed facility will not interfere with the use of the public right-of-way and existing improvements and utilities thereon, as the proposed facility will install a low-profile and low-power small cell wireless facility and will include a meter pedestal and pull box on or adjacent to a power pole.

3. The proposed facility will not physically or visually interfere with vehicular, bicycle, and/or pedestrian use of streets, intersections, bicycle lanes, driveways, sidewalks, and/or walkways as the proposed facility is a low-profile small cell facility with a meter pedestal and pull box on or adjacent to a power pole. 175 of 642
2 4. The proposed facility will comply with the Americans With Disabilities Act (ADA) and will meet all required ADA standards.

5. To the maximum extent reasonably feasible, the proposed facility has been designed to blend with the surrounding area and the facility is appropriately designed for the specific site.

6. The Applicant has provided three ‘alternative’ locations for the proposed small cell site as identified in the Report, none of which meet the coverage objectives.

7. The proposed facility is not a high visibility facility, but rather a low visibility design. The proposed facility is a camouflaged wireless facility mounted atop of a streetlight.

8. Specific physical or technical factors, including but not limited to the proposed facility being located on a street light in the public right-of-way with limited available space, make infeasible the use of or co-location upon a preexisting antenna support structure or preexisting building or structure.

9. There is a significant gap in the existing wireless service that the proposed facility is intended to close. The application and propagation map submitted by Applicant assert a significant gap and poor data rates by Applicant carrier who will be occupying the proposed site.

10. The proposed facility meets all requirements for application completeness and compliance with the federally-required radioactive frequency (RF) safety rules as Applicant has included in its submittal appropriate plans, site survey propagation maps and certification of RF compliance in accordance with FCC standards which have been reviewed by City staff and City’s technical expert consultant.

11. The FCC has exclusive jurisdiction over RF safety standards and Applicant has demonstrated that it has met said standards by submitting certification of RF compliance with FCC standards.

12. The Appellant has not submitted expert testimony from qualified real estate appraisers demonstrating that the impact of the proposed facility will result in decreased property values.

13. The Appellant has not provided evidence that the approval of the proposed facility results in discrimination against Armenian American property owners in light of the permit application of another facility in front of Lutheran Church being withdrawn, since the withdrawal of the application for the facility in front of the Lutheran Church was by the applicant itself and not the City. 176 of 642
3 Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
177 of 642

M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that upon review and consideration of all documents, material and exhibits relative to the appeal of the decision of the Direction of Public Works granting Encroachment Permit No. EP823 for the attachment of wireless transmission facilities to the street light pole located in the public right-of-way adjacent to 1544 W. Kenneth Road (EP-823), and after having conducted a public hearing on the appeal on November 7, 2023, pursuant to Glendale Municipal Code, 1995 (GMC), and receiving testimony, the City Council, based upon all of the evidence in the record hereby GRANTS the appeal, REVERSES the decision of the Director of Public Works, and continues the matter until November 28, 2023 for the City Attorney to prepare findings consistent with Council Decision.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
178 of 642
EXHIBIT 1
179 of 642
Non-Refundable
Fee: $1903.00

CITY OF GLENDALE

PUBLIC WORKS ENGINEERING

APPLICATION AND PERMIT FOR ENCROACHMENT
Encroachment Permit No. EP-823
Date: 01/31/2023 Receipt No. of Non-Refundable Permit Fee:

Applicant: Extenet Systems, LLC.

Address: 300 E Magnolia Blvd, Ste. 400, Burbank, CA 91502 Phone: 682-351-3335
Location of Encroachment ____ ____________________________________________ FRONT OF 1544 W KENNETH RD. (APN: 5622-027-018) Name and Address of owner of adjacent real property benefited by the encroachment:

Public Right of Way
34° 10' 26.48" N 118° 16' 57.06" W
Legal Description of adjacent real property:

TRACT NO 4203 SE 55 FT OF NE 130 FT OF LOT 42
Applicant shall provide 1 electronic copy of plan of the proposed encroachment.

Specific description and justification for encroachment:

Please see attached sheet for detailed scope of work.

This site will be a part of Verizon's 5G network.

Applicant agrees to satisfy all conditions attached hereto and to remove said structure upon revocation of this permit at no cost to the City of Glendale.

Approved:

Yazdan T. Emrani, P. E.

Director of Public Works
Date
180 of 642
City of Glendale, CA Receipt
Public Works Department
633 E. Broadway
Room 209
Glendale, CA 91206
818-548-3945

Receipt Number
Receipt Date
Receipt Time
Clerk
278944
03/06/2023
03:21:43
Patino, Adrian
Paid By: Extenet, Inc.

Comment: (951)453-4194
Charge Code Description Amount
ENC Encroachment EP 821-825 $9,515.00
Reference 1: Reference 2:

Reference 2:

CCFR10 Credit Card Fee Recovery
Reference 1:
$237.87
Payment Method Quantity Reference Amount
Credit Card 1 $9,515.00
Extenet, Inc.

Extenet, Inc.

Cc Fee 1 $237.87
Amount Tendered $9,752.87
$9,752.87
$0.00
Amount Applied
Change
181 of 642
182 of 642

CITY OF GLENDALE, CALIFORNIA
Public Works Department
633 E. Broadway, Suite 201
Glendale, CA 91206-4310
Administration Division Tel (818) 548-3945 Fax (818) 242-7087 www.glendaleca.gov

WIRELESS TELECOMMUNICATIONS FACILITY

ENCROACHMENT APPLICATION FORM
An applicant for placement of a wireless facility (WF) in the rights-of-way must obtain an encroachment permit from the City by submitting simultaneously, an application for an encroachment permit (as Item 17 to this form) and providing the other information as requested in this form.

You must use this form (latest version) and follow the Director’s Policy found at:

1. https://www.glendaleca.gov/government/departments/public-works/public-meetings-and-notices

2. Public Counter (633 E. Broadway Room 205, Glendale, CA 91206) Questions about WFs should be directed to the City Public Works Department Engineering Division by calling (818) 548-3945, however, any effective variance to the policy, requirements, and application guidelines can only be given by the Public Works Director in writing.

INITIAL SUBMISSION
WF applications may only be submitted at in-person appointments, which may be scheduled with the City’s Public Works Engineering department by calling (818) 548-3945. Submission appointments may be scheduled Monday-Tuesday 8 a.m. – 2 p.m. and Wed. – Thursday 8 a.m. – 12 p.m.

RESUBMITTAL PROCEDURES
If the City issues a notice of incompleteness, an applicant must timely resubmit a complete application. The City may exercise any rights available to it if a resubmittal is not timely or is itself incomplete, including rejecting the application. Resubmittals shall be made in reply to the original assigned city staff member and to TLF ([email protected]).

FORM OF SUBMISSIONS
Each WF site requires its own application.

Initial submissions shall be named in the following convention:
. [applicant name]-[numerical number]-[calendar year]
. Sample: XYZCompany-01-2022
Resubmissions shall be named in the following convention:
. [applicant name]-[numerical number]-[calendar year]-RESUB[#] . Sample: XYZCompany-01-2022-RESUB1
May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

183 of 642
Initial applications and resubmissions must be submitted in an electronic format. The electronic form and all supporting documents must be in searchable PDF format and as individual documents (not a single PDF document/file). Each individual PDF document must be named to indicate the content of the file document. For example: ‘Attachment 1 - Photo Simulations’; ‘Attachment 14 - RF Report’; ‘Attachment 19 - Acoustic Analysis’, etc. are acceptable file name formats.

May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

184 of 642
Encroachment Permit No. _E_P_-8_2_3______ [From Item 17 on Checklist] Date: 0_ 1_
/3_ 1_
/2_ 02_ 3
Receipt No. _______
Non-Refundable Wireless Processing Fee:

Applicant: _E_xt_e_n e_t_S_y_st_em_ _s,_L_L_C_. _____________________________________ Address: _3_0_0_E_M__a g_n_o_l i_a_B_l v_d_,_S_te_._4_0_0_, B_u_r_b_an_k_,_C_A__91_5_0_2__________________ Phone: _6_82_-_3_51_-_3_3_35______________________________________________ Submission Name1:_E_x_te_n_e_t S_C__L_G_l e_n_d_a_l e_2_3_7_-_01_-_2_0_23_____________________ Applicant’s Identifier for Wireless Facility
Wireless Provider: _V_e_riz_o_n_W__i r_e_l e_s_s_____________________________ Coordinates for Wireless Facility: _3_4°_1_0_'_2_6_. 4_8_"_N_1_1_8_°_1_6_' 5_7_.0_6_"_W_____ Location of Encroachment: _P_u_bl_ic_R_i_g_ht_o_f_W__ay____________________ Adjacent Zone # and Description: _R_1 I
-_L_O W__D
E_N_S_IT_Y_R_E_S_ID_E_N_T_I
A_L_F_A R D_I
S_T_I
Location Type: □ Preferred X Non-Preferred
1 Please see page 1 “Form of Submissions”.

May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

185 of 642
APPLICATION CHECKLIST – REQUIRED MATERIALS
The applicant shall submit all of the applicable materials listed in this checklist, and in addition, to the extent not included in the list below, the information required by Glendale Municipal Code Sec. 12.08.037, esp. sections D and G.

APPLICATION FEE

1. SWF SUPPLEMENTAL INFORMATION

2. PROJECT DESCRIPTION

3. PROJECT PLANS
A. COVER SHEET
B. SITE SURVEY/DEVELOPMENT PLAN
C. EQUIPMENT/INFRASTRUCTURE INVENTORY AND DETAILS
D. TRAFFIC CONTROL PLAN
E. FIBER NETWORK PLAN
F. POWER NETWORK PLAN

4. LETTER OF AUTHORIZATION
A. CITY-OWNED PROPERTY
B. NON-CITY OWNED PROPERTY

5. SITE PHOTOS AND PHOTO SIMULATIONS

6. ALTERNATIVE SITE ANALYSIS

7. RF COMPLIANCE REPORT

8. FCC LICENSE

9. LATEST KMZ FILES

10. PLANNED NODE AND FIBER OPTIC INFRASTRUCTURE LIST

11. ACOUSTIC ANALYSIS

12. STRUCTURAL ANALYSIS

13. PUBLIC NOTICE

14. CERTIFICATES OF INSURANCE

15. CITY BUSINESS LICENSE

16. CITY INDEMNIFICATION FORM

17. ENCROACHMENT PERMIT FORM

18. CERTIFICATION OF ACCURACY AND RELIABILITY

19. CERTIFICATION OF PUBLIC CONVENIENCE AND NECESSITY (CPCN) STAFF USE ONLY:

Application No. _________________________ City Receipt Date: ______________ Pole Number (if applicable): ____________________________________________ May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

186 of 642

APPLICATION CHECKLIST DETAILS

APPLICATION FEE
Each Wireless Telecommunications Facility (WF) Application Form must be accompanied by the applicable application fees per the adopted City-Wide Fee 01/31/2023 Schedule. The application will not be deemed submitted unless the applicable fees, in full, have been received by the City.

As of May 2022, the required applicable fees are the construction - encroachment permit fee, and the wireless communication facility application processing fee; the City may require an additional fee for expert review. On July 1st of every year, the application fees may be updated to reflect the most recent adopted City-Wide Fee Schedule.

Additional fees will be required to be paid should the application be deemed incomplete after the first submission.

Additional permits and fees may be required. For example, most WF will require an excavation permit.

1. SMALL WIRELESS FACILITY SUPPLEMENTAL INFORMATION
Label this as “Attachment 1 – SWF Supplemental Information”.

If applicant claims the facility is a small wireless facility, the applicant must complete and submit the information to support evaluation of whether the proposed facility qualifies as a Small Wireless Facility under 47 C.F.R. §

1.6002(l). If the facility is not a Small Wireless Facility, applicant should so state.

2. PROJECT DESCRIPTION
Label this as “Attachment 2 – Project Description.”
This section should demonstrate the intended technical service objectives and the nature of the existing service capabilities of the applicant’s network in the area that would be served by the proposed WF.

3. PROJECT PLANS
Label this as “Attachment 3 – Project Plans”.

Provide full-sized and 11”x17” digital project plans in portable document format (PDF) that contain all the following. Dimensions must be shown in decimal feet and volumes must be shown in decimal cubic feet. The Project Plans must be prepared, signed and stamped by a California Registered Civil Engineer.

A. Cover Sheet

1. Contain detailed project description that specifies the proposed installation and/or modifications;
May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

187 of 642

2. Contain site information that includes the site address, assessor’s parcel number, site latitude and longitude, project team contact information, location map, and pole number (as applicable); B. Site Survey

1. Be prepared, signed and wet stamped by a California Registered Civil Engineer or Licensed Surveyor;

2. 3.

Include the North Arrow, date, scale and legend on each plan page; Show all areas in the public right of way to be occupied by the WF, including all power and fiber vaults and other equipment;

4. 5.

Show the actual property lines of all adjacent properties within 15 feet of any portion of the proposed project;
Include sidewalk measurements (in feet) to demonstrate full compliance of Americans with Disability Act (“ADA”) regulations (when making measurements, you must measure from the outside of the pole rather than from the centerline;

6. Depict all surrounding (within 15 feet) existing pedestrian ramps, posts, pedestals, traffic signals, sidewalk widths, fire hydrants, transit shelters, kiosks, ramps, driveways, curbs, and all other existing features in the PROW;

7. 8.

Show all traffic lanes;
Depict planters, vegetation, trees, and any other landscaped areas and features;

9. Depict all above and below-grade utilities, related structures, and encroachments;

10. Demonstrate how and why the proposed WF project will be in full compliance with all building codes, electrical codes and all other required codes in the PROW;
C. Site Development Plans

1. Be prepared, signed and wet stamped by a California Registered Civil Engineer or Licensed Surveyor;

2. 3.

4. Include the North Arrow, date, scale and legend on each plan page; Include all elevations of the proposed WF;
Show the actual property lines of all adjacent properties within 15 feet of any portion of the proposed project;

5. Include all existing and proposed improvements, structures, equipment, fixtures, concealment elements, and/or facilities with all dimensions, labels and ownership identifications clearly called out; May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

188 of 642

6. 7.

8. Depict all electrical, fiber and data backhaul connections (conduits, vaults, handholes, cables, wires, junctions, meters, meter-less power, etc.);
Depict all proposed antennas, associated equipment, pedestals, flushto-grade vaults, concealment elements, conduits, risers and all conditions related to the proposed SWF;
Include all azimuth orientation of all proposed antennas.

D. Equipment/Infrastructure Inventory & Details

1. Contain cut sheets with all the technical specifications (manufacturer, model number, physical dimensions [height, width, length and weight]) of all the proposed antennas and associated equipment;

2. 3.

4. Include all dimensions shown in decimal feet (ft), and all volumes must be shown decimal cubic feet (ft3);
Provide details and specifications of the proposed equipment to be installed.

Plans shall also include all infrastructure improvement details, including pole types, foundations, pull boxes, and conduits servicing the proposed infrastructure and any applicable details/cut sheets showing size and dimensioning as applicable.

May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

189 of 642
E. Traffic Control Plans
Provide engineered traffic control plans that show the traffic control for the project. The plans must be drawn in accordance with the latest version of the California Manual on Uniform Traffic Control Devices by a Registered California Civil Engineer or Traffic Engineer. The preparer’s stamp and signature must be shown on the plans.

F. Fiber & Power Network Plan
To the extent that the project requires running new fiber optic cables to the proposed node, the plans must include a street map view that shows all the proposed nodes in the deployment, clearly labeled with pole number and/or site ID, the hub or base station that serves the nodes in the deployment, all fiber optic cable routes that connect the nodes to the hub, and a legend that identifies any symbols, colors or other items on the map. The fiber plans should clearly identify all meet-me points and points of connection. Even if the fiber deployment will be performed by a third-party vendor, the applicant for wireless nodes must disclose all known or reasonably foreseeable fiber network elements.

The plans should include all underground utilities, all power conduit routes that connect the nodes and a legend that identifies any symbols, colors or other items on the map. The plans should clearly identify the location of the pedestal in addition to all points of connection, as well as the feed point/service spot for the power source. Applicant must show that it has met the requirements of Glendale Water and Power for electric service to the WF. Where new power will be run to a proposed node, this requirement can be satisfied by showing that the plans for electric service have been approved by Glendale Water and Power.

4. LETTER OF AUTHORIZATION
A. City-Owned Property
Label this as “Attachment 4 – City Owned Property LOA”.

If the applicant proposes to install a WF on any structure owned or controlled by the City and located within the public right-of-way, the applicant must contact Glendale Water and Power Electrical Engineering at (818) 548-3921.

Furthermore, the applicant must submit the following documents for review before receiving a City Owned Property LOA:
• Construction plans, including scope of work, vicinity map, site coordinates, site plan showing underground facilities, existing and proposed elevation, load calculations;
• Equipment specification sheets, including, but not limited to poles, foundations, pull boxes, meter sockets, load centers, radios, and antennas; • Structural calculations, stamped and signed by a registered engineer in the State of California; and,
• Photo of the existing pole, as applicable, and a rendering/simulation of the May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

190 of 642
existing/proposed pole with the new equipment.

B. Non-City Owned Property
Label this as “Attachment 4 – Non-City Owned Property LOA”.

If the applicant proposes to install a WF on a non-city owned structure, the applicant must submit a letter of authorization from the structure owner.

5. SITE PHOTOS AND PHOTO SIMULATIONS
Label this as “Attachment 5 – Site Photos and Photo Simulations”.

A. Site Photos

1. 2.

3. Provide original base color photos of proposed site, from three vantage points (Google street view or similar online photos are not acceptable);
Provide a key map detail showing each location where each photograph was taken, the proposed site and the direction to the site from each photo location;
The photos must be in a high-resolution format.

B. Photo Simulations
Provide photo simulations that would allow the City to visualize the proposed project as constructed. The photo simulations must be in a high-resolution format and show the proposed facility from reasonable line-of-sight locations that would accurately and reliably reflect the appearance of the proposed facility and/or modifications as-built.

1. Provide photo simulations using the base photos from the three vantage points. Each base photo and matching photo simulation must be the same size;

2. Depict the proposed facility accurately and reliably by visually representing all elements (cables, conduits, brackets, and electronic equipment such as antennas, radio units and powering equipment etc.) of the proposed facility and/or modifications as-built.

6. ALTERNATIVE SITE ANALYSIS
Label this as “Attachment 6 – Alternatives Site Analysis”.

Provide a detailed written analysis that describes how the proposed WF complies with all the requirements in the Wireless Municipal Code, which includes without limitation the location requirements, and all the alternative locations and designs considered before the applicant submitted this application.

The analysis must include all the following required information and/or materials:

May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

191 of 642
A. an aerial map that shows the general geographic area of the proposed location annotated to show:

B.

C.
the search ring used for this particular project;
all locations for each alternative considered for this particular project (or if none, so state);
D. for each alternative site considered, a detailed written description that includes, without limitation all the following:

1. 2.

3. 4.
the physical address;
zoning district designation;
support structure type considered;
general design concept and concealment elements/techniques considered;

5. 6.
overall height and achievable antenna centerline height; the factual reasons why the applicant considered the potential alternative site location and/or design to be unacceptable, infeasible, unavailable or not in accordance with the standards in the Wireless Municipal Code.

Note: This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable or not as consistent with the standards in the Wireless Municipal Code. Conclusory statements that a particular alternative is unacceptable, infeasible, unavailable or not in accordance with the standards in the Wireless Municipal Code will be deemed incomplete;
Note: If a less preferred WF location is proposed, the applicant must present fact-based, reliable evidence to support its selection of the less preferred WF location.

Also, for each alternative site within the search ring, signal propagation maps in scale with the street level map that show current and predicted service coverage in the area for all active frequencies in RSSI, RSRP or other relevant signal level or quality indicator with and without the alternative site and with a legend that describes the objective signal levels in dBm that correspond to any colors used to depict signal levels on such propagation maps. The signal propagation maps required must be directly comparable with the signal propagation maps submitted to show before-and-after service from the applicant’s proposed site. If the applicant did not locate any alternatives within the search ring, the analysis must expressly state that no such alternatives were considered.

7. RF COMPLIANCE REPORT
Label this as “Attachment 7 – RF Compliance Report”.

May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

192 of 642
Provide an RF exposure compliance report prepared and certified by an RF engineer from a 3rd party, and not an employee of the service provider, that certifies that the WF, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits.

The RF compliance report must include the actual frequency and power levels [in watts effective radiated power (“ERP”), not EIRP] for all existing and proposed antennas at the site; Also, the RF Compliance Report must depict:
. the location and orientation (degree azimuths from true north) of all transmitting antennas;
. the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC); . the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). . the outline of all structures on public or private land that are within 20 feet of the proposed WF site antennas

8. FCC LICENSE
Label this as “Attachment 8 – FCC License”.

Provide a copy of the FCC License of the operator of the facility.

9. LATEST KMZ FILES
Label this as “Attachment 9 – Latest KMZ Files”.

A map showing the location of the streetlight pole where a WF is desired to be located. This map should be in the form of a Google KMZ file.

10.PLANNED NODE AND FIBER OPTIC INFRASTRUCTURE LIST
Label this as “Attachment 10 – Planned Node and Fiber Optic Infrastructure List”.

A master list showing the location of all upcoming node and fiber optic infrastructure planned for the City of Glendale.

11.ACOUSTIC ANALYSIS
Label this as “Attachment 11 – Acoustic Analysis”.

Provide a report prepared and certified by an engineer (or other qualified personnel acceptable to the City) that measures all noise-emitting equipment related to the WF and would operate at the site. Such equipment includes without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators. The acoustic analysis must include an analysis of the manufacturers’ specifications for all noiseemitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.

In lieu of a certified report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

193 of 642
equipment will not, both individually and cumulatively, exceed the applicable ambient noise limits. In addition, describe whether the equipment will be passively or actively cooled if any equipment will be enclosed in a shroud, cabinet, pedestal or other enclosure. If the equipment will be actively cooled, the applicant must include the manufacturer’s specifications for all active cooling mechanisms.

12.STRUCTURAL ANALYSIS
Label this as “Attachment 12 – Structural Analysis”.

Provide a report prepared and certified by a structural engineer (or other qualified personnel acceptable to the City) that evaluates whether the underlying pole or support structure has the structural integrity to support all the proposed equipment and attachments. At a minimum, the analysis must be consistent with all applicable requirements in CPUC General Order 95 (including, but not limited to, load and pole overturning calculations), the National Electric Safety Code, and any safety and construction standards required by the utility.

13.PUBLIC NOTICE
Label this as “Attachment 13 – Public Notice”.

Per the City’s Wireless Facility Wireless Municipal Code, the applicant needs to carry out all necessary public noticing requirements including submitting mailing list and mailing labels for all properties and record owners of properties within 500 feet of the proposed WF location.

14.CERTIFICATES OF INSURANCE
Label this as “Attachment 14 – Certificates of Insurance”.

Provide proof of certificates of insurance.

15. CITY BUSINESS LICENSE
Label this as “Attachment 15 – City Business License”.

Provide proof of City Business License.

16. CITY INDEMNIFICATION FORM
Label this as “Attachment 16 – City Indemnification Form”.

17. ENCROACHMENT PERMIT FORM
Label this as “Attachment 17 – Encroachment Permit Form”.

18.CERTIFICATION OF ACCURACY AND RELIABILITY
The undersigned certifies on behalf of itself, the applicant, and the owner of the property that the information provided in this form and its contents are true and complete to the best of the undersigned’s ability and knowledge, and the information provided here should be relied upon by the City as being accurate and complete when the City evaluates the WF proposal.

May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

194 of 642
Site Acquisition
______________________
Title
_______________________
Signature
Alexander Novak
_______________________
Individual Name
Teleworld Solutions
______________________
Company Name
01/31/2023
_______________________
Date Signed

19.CERTIFICATION OF PUBLIC CONVENIENCE AND NECESSITY (CPCN) The undersigned certifies on behalf of itself, the applicant, and the owner of the property that the information provided in this form and its contents are true and complete to the best of the undersigned’s ability and knowledge, and the information provided here should be relied upon by the City as being accurate and complete when the City evaluates the SWF proposal.
_______________________
Signature
_E_x_ec_u_t i_ve__D_ir_ec_t_or_G__ov_e_r n_m_e_n_t_Relations Title
Joe Milone
_______________________
Individual Name
ExteNet Systems, LLC.
______________________
Company Name
01/31/2023
_______________________
Date Signed
May 2022
City of Glendale WF Policy, Requirements, and Application Guidelines

195 of 642
SCL Glendale 237

CITY OF GLENDALE, CALIFORNIA

SUPPLEMENTAL APPLICATION FORM FOR WIRELESS PROJECTS
AND DISTRIBUTED ANTENNA SYSTEM (“DAS”) PROJECTS
The City of Glendale, California recognizes that the provision of wireless and DAS services are highly technical enterprises subject to various federal, state, and local regulations. This supplemental application form is designed to elicit necessary and required technical information in support of a planned Conditional Use Permit (“CUP”) or Special Use Permit (“SUP”) or Variance/Waver application for a new or modified wireless telecommunications site project or a Distributed Antenna System (“DAS”) project within the City of Glendale.

Completion of this supplemental application is a mandatory document for a wireless and DAS projects. This form assists the City of Glendale to comply with its duties under Title 30 of the Glendale Municipal Code; Sections 253 and 332 of the Communications Act of 1934 as amended; the FCC Shot Clock Order (FCC 09-99); California Public Utilities Code Sections 7901 and 7901.1; the California Environmental Quality Act (CEQA); the provisions of California Government Code Sections 65850.6 and 65964; and other local, state, and federal laws, regulations, and court rulings. The City of Glendale requires that the applicant provide this information to assist it in creating a written administrative record containing substantial evidence sufficient to permit the City of Glendale’s informed consideration of your request, and to determine the duties, rights and obligations of the City of Glendale and the applicant/owner of the proposed project.

No application for a new wireless site or for a modification of an existing wireless site shall be considered for determination of completeness until all required responses to this supplemental application form and required Exhibits are completed and tendered to the City of Glendale.

Every page of this form including this page and the last page must be tendered to the City of Glendale, California, and each question must be answered. If you do not believe that a specific item of information is necessary or applies to your application, mark the item on this form with the words, “Not Applicable” and attach a detailed written explanation as to the basis for your belief (e.g., “Question 94.7 does not apply to this application because the proposed Project has no microwave transmission element.”) An unsupported statement such as “Question 94.7 does not apply” is insufficient as it is not informative as to your reasoning, and the determination of completeness of your application will be delayed while you provide a meaningful and detailed explanation.

Each page including this page and the last page must be initialed where indicated. The last page must also be completed, signed, and dated. Please note that item numbers are intentionally non-sequential. Questions about this form or the information required by this form should be directed to the City of Glendale’s Director of Community Development for public or private property projects, or to the Director of Public Works for projects in the public right-of-way.

City of Glendale, California
Supplemental Wireless/DAS
Application Rev 11/09/10

in 1.10 Must Initial Here: _A_N_________
WirelessSupplementalAppNov9,2010
196 of 642

1.00: Project Location and Applicant Information

1.01:

1.02 Project Physical Address (if any):

FRONT OF 1544 W KENNETH RD, Glendale, CA 91201
Project Site Number (if any) SCL Glendale 237
Assessor’s Parcel Number: 5622-027-018
Legal Name of Applicant

1.03:

1.04: ExteNet Systems, LLC (Wireless Carrier or DAS Firm, referred to in this form as the
“Project Owner”):

1.08 Project Owner is: N/A as project is located in the Public Right-of-Way

1.10: Applicant’s Representative is: Name:

Title:

Alexander Novak
Site Acquisition Agent
Firm Name:

Address 1:

Address 2:

City:

Main Tel:

Direct Tel:

Work Fax:

Mobile Tel:

Teleworld Solutions
1054 Texan Tr, Ste. 300
State:

Ext:

Zip:
76051
Grapevine TX
682-351-3335
Email Address:

Website:
[email protected]

1.14 Provide the City of Glendale Business License number for the Applicant or Applicant’s firm listed in 1.10: _N_/A_ _- _N_o_t r_e_q_u i_re_d_f_o_r E_x_t_en_e_t________

2.00: Project Owner Information and CPCN Information

2.03: Attach a letter of agency appointing the Applicant’s Representative as the agent for the Project Owner in connection with this application. Designate the letter of agency as “Exhibit 2.03.”
Initial here _A_N_____ to indicate that Exhibit 2.03 is attached hereto.

2.05: Attach a letter of agency appointing the Applicant’s Representative as the agent for the underlying Property Owner in connection with this application. Designate the letter of agency as “Exhibit 2.05.”
Initial here _______ to indicate that Exhibit 2.05 is attached hereto.

2.07: Does the Project Owner hold a California Public Utilities Commission ‘Certificate of City of Glendale, California
Supplemental Wireless/DAS
Application Rev 11/09/10

in 1.10 Must Initial Here: _A_N_________
WirelessSupplementalAppNov9,2010
197 of 642
Public Convenience and Necessity’ (CPCN) for any service to be provided by this project? ✔ Yes ___ No

2.08: If the answer to 2.07 is Yes, provide a true and complete copy of the Project Owner’s CPCN and mark it as “Exhibit 2.07.”
Initial here _A_N_____ to indicate that the Exhibit 2.07 is attached hereto.

3.00: FCC License / FAA Compliance / RF Safety Disclosure Information

3.01: For each person/legal entity that will be using the project site, provide the information in Sections 3 and 4. If more than one person/legal entity, provide separate information for each person/legal entity using the project site.

Note to DAS provider applicants named in 1.04: Unless the DAS provider is the FCC licensee for the proposed project, or the non-licensee to be transmitted from the site for its own purposes, the information provided in response to Sections 3 and 4 must be provided by every individual wireless licensee or non-licensee to be transmitted via the project identified in Section 1 of this form. That information must be provided on the letterhead of each entity. Each such response must also be signed by an authorized person, and that person’s printed name and title, address and telephone number must be shown on the letter. DAS provider-provided responses to Section 4 are unacceptable, and will result in your application being determined to be incomplete.

3.02: For questions 3.03 through 3.09 inclusive, disclose all information for each proposed Radio Frequency signal emitter (“RF Emitter”) at the project site.

3.03:

3.04:

3.05:

3.06:

3.07:

3.08:

Name of RF Emitter: Verizon Wireless
RF Emitter’s Address Line 1: 15505 Sand Canyon Ave. Irvine, CA 92618 RF Emitter’s Address Line 2:

RF Emitter’s Phone number:

RF Emitter’s Fax number:
949-677-5953
RF Emitter’s Contact Email
address: [email protected]

3.09: Use of facility: __ Amateur Radio
(Check all that apply) __ Broadcast Radio
__ Broadcast TV
Notice: Applicants not operating __ Cellular telephone
under their own FCC license(s) __ Enhanced Specialized Mobile Radio City of Glendale, California
Supplemental Wireless/DAS
Application Rev 11/09/10

in 1.10 Must Initial Here: _A_N_________
WirelessSupplementalAppNov9,2010
198 of 642
must mark “Other” and disclose __ Microwave
of all information required here __ PCS telephone
for all entities that use the project. __ Paging
__ SMR/ESMR
__ WiMax/WIFI
✔ Other(s) (specify):____________________ Verizon Wireless

34.174022° -118.282517° 3.10:

3.11:

Project latitude and longitude: N________________ W________________ Specify DATUM used above: __ WGS84 NAD23 ✔ NAD83
__Other DATUM (specify): _____________

3.12:

3.13:

Project maximum height (ft AGL):

Bottom of lowest transmitting
28’-4” AGL
antenna (ft AGL): 25'-9" AGL

3.14: RF Emissions (“Rad”) center of
the lowest transmitting antenna
(ft AGL):
26-5” AGL

3.15: For each licensee (i.e., “ABC Wireless” or “XYZ Wireless”), and for each radio service (i.e., “PCS” or “Cellular”), complete and attach a separate two page “Appendix A” form from "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance” available by download directly from the FCC at http://www.fcc.gov/oet/rfsafety/ (the “Appendix A Form”). Ensure that all proposed emissions from this project are accounted for on the Appendix A Forms you submit.

Distributed Antenna System (DAS) providers and all other who are not licensed by the FCC for the radio services proposed for this project and identified in 3.09: Unless the DAS provider is the FCC licensee for the proposed project or the emissions from the site are solely for the DAS provider’s own transmissions, the DAS provider must provide an Appendix A form completed by each wireless carrier or wireless service provider to be transmitted through the Project at each wireless site. Appendix A Forms completed by a DAS provider are unacceptable if they are not the FCC licensee for the particular wireless service(s) to be transmitted through the project.

Designate all completed Appendix A Forms as “Exhibit 3.15.” For collocation projects: In addition to the Appendix A Form(s) which you must submit in connection with the project identified in this application, you must also submit an Appendix A Form for each collocated RF emitter. Designate any additional RF safety compliance information as “Exhibit 3.15-A.”
City of Glendale, California
Supplemental Wireless/DAS
Application Rev 11/09/10

in 1.10 Must Initial Here: _A_N_________
WirelessSupplementalAppNov9,2010
199 of 642
For consistency, all Appendix A forms submitted must use effective radiated power (ERP) units of measure. Do not use effective isotropic radiated power (EIRP). To verify your understanding of this requirement, you must append the letters “ERP” following each wattage listing in each Appendix A form you submit.

Initial here _A_N_____ to indicate that all required Exhibit 3.15 and 3.15-A forms are attached hereto.

3.16 Considering your response in Exhibit 3.15, above, and any other identifiable RF emitters that FCC OET Bulletin 65 requires be evaluated in connection with this Project, are all portions of this Project cumulatively “categorically excluded” under FCC OET 65 requirements? Yes ✔ No

3.17: Does the project design or location require the Applicant to file an FAA Form 7460 or other documentation under Federal Aviation Regulation Part 77.13 et seq, or under the FCC rules? Yes _✔ No

3.18: If the answer to 3.17 is NO proceed to 4.00.

3.19: Attach complete copies of all required FAA/FCC forms including all Exhibits and exhibits thereto, including without limitation FAA Form 7460. Designate this Exhibit, “Exhibit 3.17.”
Initial here _______ to indicate that Exhibit 3.17 is attached hereto.

4.00: Project Purpose

4.05: Indicate the dominant purpose of the Project (check one or more, then proceed as directed):
✔ Add network capacity without adding significant new RF coverage area; Proceed to 4.10.
__ Provide significant new radio frequency coverage in an area not already served by radio frequency coverage; Proceed to 4.10.
__ Increase the existing RF signal level in an area with existing radio frequency coverage; Proceed to 4.10.
__ Other; Proceed to 4.07.

4.07 Attach a written statement fully and expansively describing all portions or elements of the “Other” dominant purpose of this Project. Designate this Exhibit, “Exhibit

4.07.”
City of Glendale, California
Supplemental Wireless/DAS
Application Rev 11/09/10

in 1.10 Must Initial Here: _A_N_________
WirelessSupplementalAppNov9,2010
200 of 642
Initial here _______ to indicate that Exhibit 4.07 is attached hereto.

4.10 Is this project intended to close or reduce what the applicant asserts to be a “significant gap” in its network? ___ Yes ✔ No

4.11 If the answer to 4.10 is NO proceed to 4.20.

4.12 Attach a written statement fully and expansively describing the following:
a. A clear description of the geographic boundary of the claimed significant gap area, and
b. Attach a street-level map showing the geographic boundary of the claimed significant gap stated in 4.12(a) using the same standards as in 6.02; and c. Identify the size of the area, in units of square miles, of the claimed significant gap; and
d. Explain exactly the definition of the term “significant gap” as it applies to this project;
e. Explain exactly how the definition of significant gap term defined in 4.12(d) was developed, and identify who developed that definition, and when the definition was developed;
f. Discuss whether the significant gap term defined in 4.12(d) is identical to that term as used by some or all wireless carriers in the City of Glendale and/or the wireless industry as a whole, or whether that information is unknown; g. Specify whether the definition of “significant gap” provided in 4.12(d) is the same definition used in by this applicant and owner in all of its prior projects submitted to the City of Glendale, and if not, explain all differences and the reasons for the differences.
h. Discuss in detail all of the following in relation to the claimed significant gap area only. Where you have relied on external data sources, indentify those sources in detail your response.

1. Whether claimed significant gap affects significant commuter highway or railway, and if so, name each highway or railway, and how affected;

2. Describe in detail the nature and character of that area or the number of potential users in that area who may be affected by the claimed significant gap;

3. Describe whether the proposed facilities are needed to improve weak signals or to fill a complete void in coverage, and provide proof of either;

4. If the claimed significant gap covers well traveled roads on which customers lack roaming capabilities, identify all such well traveled roads by name within the claimed significant gap area and provide road use information about each such road;

5. If any “drive test” has been conducted within the claimed significant gap area, discuss in detail the methodology of how the test(s) was conducted, including details about the test equipment model numbers and location of the test equipment and antennas in or on the test vehicle, and provide all of the objective data collected during the drive test in .XLS or .CSV or City of Glendale, California
Supplemental Wireless/DAS
Application Rev 11/09/10