VII. FORTY-TWO (42) HOUR WORK WEEK - ASSIGNMENT
A. Assignment
Employees in the classifications of Power Plant Auxiliary Operator, Power Plant Control Operator Apprentice, Power Plant Control Operator, Electrical Line Mechanic Supervisor I (assigned to “trouble” assignment) and Power System Operator I and II work a work schedule of forty-two (42) regularly scheduled working hours per week.
B. Compensation for Employees in This Assignment
Since these employees are regularly scheduled to work 42 hours per week, they shall receive two (2) hours of regularly scheduled overtime paid at time and one half (1.5) each employee’s regular rate of pay per week. In addition, these employees shall also receive six five and one half percent (65.5%) in pay as holiday in lieu pay as these employees work a schedule which (as addressed below in Article Three, Section VI(B)) covers 24 hours a day, seven (7) days a week, without regard to holidays. As such, this additional sixfive and one half percent (65.5%) is in lieu of receipt of holidays as addressed in Article Five of this MOU.
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18 VIII. WATER STAND-BY ASSIGNMENT PAY
A. Assignment
1. Unit employees of the GWP - Water Division assigned to Water Stand-By duties acknowledge and agree to provide year-round "stand-by" coverage.
2. Year-round standby coverage is limited to the hours between 4:00 p.m. to 6:30 a.m., as well as weekends, holidays and the employees’ 9/80 day off.
3. Coverage to be distributed on an equitable basis, as approved by the General Manager or Assistant General Manager/Water.
4. Stand-by coverage shall include, but is not limited to providing year-round stand- by coverage including equitable distribution of vacations, sick leave, and all other leaves.
5. When at least four (4) unit employees are available to participate in the Stand-by assignment, the City will limit the assignments to a one week duration paid at the full monthly compensation as set forth below.
6. Stand-by assignments as a “troubleshooter” in the Water Distribution Section will be rotated every six (6) months and if the troubleshooter needs to call-back employees to respond to emergencies, the troubleshooter will make call-backs from a call-back list, first established based on seniority, then rotating thereafter.
B. Compensation - Stand-By Assignment Pay
Effective the first day of the pay period including City Council approval of this MOU, unit eEmployees of the Water Division assigned to Water Stand-By duties, including, but not limited to employees in the Water System Mechanic and Water Facilities Operation series, shall receive an assignment pay of eight hundred dollars ($800.00) per month over their base salary in lieu of any other stand-by assignment pay for this classification.
IX. STANDBY ELECTRIC CREWS
Unit employees assigned to an off duty standby assignment in the electric crews (this excludes the Water Division and Water Facilities Operations Employees) shall be paid thirty five percent (35%) of their baseregular hourly rate during the hours between the end of the normal field work schedule (i.e., the employee’s regular shift) and the start of the next normal field work schedule (i.e., the employee’s regular shift).
A. Stand-by Crew – Line Mechanic Crew
A stand-by crew shall provide coverage on a daily basis. The stand-by crew shall 259 of 468
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19 be comprised of a minimum of:
(1) Electrical Line Mechanic Supervisor I
(1) Electrical Line Mechanic
(1) Electrical Line Mechanic Apprentice
X. STAND-BY ASSIGNMENT LIMITATIONS
A. Limitations
Eligible unit employees shall receive standby pay only for those hours on standby assignment duty and shall not receive standby pay for any overtime worked during those assigned standby hours.
B. Non-Work Time
It is understood that such time on standby assignment is non-work time for the purposes of determining overtime compensation.
C. Full and Entire Compensation
Except as otherwise provided for in this article, this compensation shall represent full and entire compensation for stand-by assignment.
D. Stand-by Assignment
Unit employees on a stand-by assignment are to be accessible by phone or other methods approved by management and must have the ability to report to the Utility Operations Center within one hour.
XI. WATER DIVISION LICENSE INCENTIVE PROGRAM
A. Field Section Unit Employees
Unit employees in the Glendale Water & Power – Water Division field operations that hold a State of California Department of Health Level 2 Treatment License (T2), shall receive incentive pay for obtaining additional licensing as follows:
1. Eight and one half percent (8.5%) of base pay for obtaining the Level 4 Distribution License (D4).
2. Eleven and one half percent (11.5%) of base pay for obtaining the Level 5 Distribution License (D5).
3. The above incentive pay is non-cumulative.
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20 4. Exceptions to the above are as follows:
a. Water Facilities Operations Group shall receive incentive pay for obtaining additional licensing as follows:
1. Eight and one half percent (8.5%) of base pay for obtaining both a Level 3 Treatment (T3) and Level 3 Distribution (D3) licenses.
2. Eleven and one half percent (11.5%) of base pay for obtaining both a Level 3 Treatment (T3) and Level 4 Distribution (D4) licenses.
3. Thirteen and one half percent (13.5%) of base pay for obtaining both a Level 3 Treatment (T3) and Level 5 Distribution (D5) licenses.
4. The above incentive pay is non-cumulative.
5. One percent (1.0%) additional (in addition to the pay for having a T-3) base pay for obtaining a Level 4 Treatment (T4) license or higher.
b.Utility Building Repair Crew shall receive incentive pay for obtaining licensing as follows:
1. Eight percent (8%) base pay for obtaining Level 3 Distribution (D3) license.
B. Water System Mechanic Series Class A Driver’s License Unit employees in the Water System Mechanic series and Water System Supervisor I shall receive two percent (2%) of base pay for obtaining and maintaining a Class A California Driver’s License.
C. Water Quality Section Unit Employees
Unit employees in the Water Quality Group shall receive eight and one half percent (8.5%) of base pay for obtaining both a Level 2 Treatment (T2) and Level 3 Distribution (D3) licensing.
Unit employees in the Water Quality Group shall receive an additional (in addition to the pay for having a T-2) one percent (1.0%) of base pay for obtaining a Level 3 Treatment (T3) license or higher.
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21 Unit employees in the Water Quality Group shall receive two percent (2%) of base pay for obtaining a Cross Connection Control Specialist certification.
D. Cost of Licensing Examinations and Renewal Fees
The City shall pay the costs for the above Water Division unit employees’ examination and renewal fees for successful passing of an examination, and provide continuous education opportunities for employees to maintain the “contact hour” requirements.
XII. ASSIGNMENT PAY – ELECTRICAL DIVISION 12KV RUBBER GLOVING A. Compensation Upon Completion of Training Program
Unit employees in the classifications of Electrical Line Mechanic Apprentice, Electrical Line Mechanic, and Electrical Line Mechanic Supervisor I shall receive assignment pay of six percent (6%) above their current base salary following the completion of a formalized training program on maintenance and construction work on energized 12kV power lines using insulate / isolate procedures with rubber gloves.
XIII. ASSIGNMENT PAY – FIBER OPTIC CABLE SPLICING
Unit employees in the classifications of Electrical Test Assistant, Electrical Test Technician I, Electrical Test Technician II, Sr. Electrical Test Technician, Station Electrician/Operator Apprentice, Station Electrician/Operator, Station Electrician/Operator Supervisor I shall receive assignment pay of one and three quarters percent (1.75%) above their current base salary following the completion of a formalized training program on the splicing and maintenance of City-owned fiber optic cable.
The assignment pay as set forth above shall be paidapply for all regularnormal work hours and hours of overtime worked.
XIV. ASSIGNMENT PAY – BRIDGE CRANE
Unit employees in the classifications of Utility Welder, Utility Maintenance Worker, Power Plant Mechanic Apprentice, Power Plant Mechanic, and Sr. Power Plant Mechanic who are certified to operate a bridge crane shall receive an extra assignment pay of five percent (5%) above their current base salary for an entire work day when assigned to operate a bridge crane.
The assignment pay as set forth above shall apply for all normal work hours and hours of overtime worked when employee is directed to operate the bridge crane.
XV. ASSIGNMENT PAY- ASBESTOS WORK
Unit employees in the classifications of Utility Maintenance Worker, Station Electrician, Power Plant Mechanic, Sr. Power Plant Mechanic, Utility Welder, Power Plant Technician, Senior Power 262 of 468
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22 Plant Technician and Station Electrician Supervisor I who are certified to work near or on asbestos shall receive assignment pay of five percent (5%) above their current base salary when assigned to work near friable asbestos and required to don protective clothing and breathing gear.
The assignment pay as set forth above shall apply for all normal work hours and hours of overtime worked when employee is directed to work near or on asbestos.
XVI. CERTIFICATION PAY – UTILITY WELDER
Employees in the classification of Utility Welder who have earned a Pressure Vessel Certification shall receive five percent (5%) above their current base salary while such certification is current.
XVII. CERTIFICATION PAY – NERC CERTIFICATION
Power System Operator I’s and II’s who begin the program to receive the North American Electric Reliability Corporation (NERC) certification of Balancing shall receive two percent (2%) of base salary after they demonstrate to the City that they have begun the certification program. Upon completion of the program and receipt of the certification, these shall receive an additional ten percent (10%) of their current base salary for a total of twelve percent (12%) of base salary.
XVIII. SHIFT PAY
Unit employees assigned to certain shifts (as described below) shall receive extra pay as follows:
A. Evening Shifts
Effective the first day of the pay period including City Council approval of this MOU uUnit employees who are assigned to work any hours that occur on or after 3:00 p.m. but before 12:00 a.m. shall receive three and one half percent (3.5%) one dollar and twenty–five cents ($1.25) per hour extra above their base hourly rate for each hour worked within this time period. To receive this pay, the employee must work at least four (4) hours of his/hertheir shift between the hours of 3:00 p.m. and 12:00 a.m.
B. Night Shifts
Effective the first day of the pay period including City Council approval of this MOU Uunit employees who are assigned to work any hours that begin on or after 12:00 a.m. but before 8:00 a.m. of the next following day shall receive four and one half percent (4.5%) one dollar and fifty cents ($1.50) per hour extra above their base hourly rate for each hour worked within this time period. To receive this pay, the employee must work at least four (4) hours of his/hertheir shift between the hours of 12:00 a.m. and 8:00 a.m.
XIXVIII. LONGEVITY PAY – ELECTRICAL LINE MECHANIC CLASSIFICATIONS Employees in the classifications of Electrical Line Mechanic Apprentice Electrical Line Mechanic 263 of 468
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23 and Electrical Line Mechanic Supervisor receive the following:
•Four percent (4%) of base salary – after working in any or all of the above classifications for the City between five (5) years and the end of the employee’s ninth (9 th) year of employment with the City.
•Nine percent (9%) of base salary – after working in any or all of the above classifications for the City for ten (10) years or more.
The employee will receive the above percentage (4% or 9% of base salary) each workweek for their regularly scheduled hours (40) per week but will not receive this pay for overtime hours worked. However, the longevity pay is included in the rate at which the City pays overtime, i.e., the regular rate of pay.
XIX. FOREIGN LANGUAGE OR SIGN LANGUAGE INTERPRETER PROFICIENCY PROGRAM A. Purpose
1. The purpose of the Foreign Language Proficiency Program is to provide linguistic assistance for non-English speaking person(s) who represent a large segment of the Glendale community, and for hearing impaired individuals who make use of sign language.
2. This service is provided through certain selected unit employees who have been certified as proficient in a designated foreign language or approved sign language for the hearing impaired.
3. Management shall be responsible for determining appointments to the Foreign Language or Sign Language Interpreter Proficiency assignments. The total number of positions authorized and filled at any time is the sole discretion of Management.
B. Compensation
1. Unit employees assigned to the Foreign Language or Sign Language Interpreter Proficiency Program shall receive extra compensation of one-hundred dollars ($100.00) per month above their base salary.
2. This extra pay compensation shall become effective the first pay period following receipt of approval by the Director of Human Resources. This extra compensation shall terminate immediately upon the day the assignment is revoked by Glendale Water & Power management.
C. Limitations
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24 1. This extra compensation shall be paid only during those periods or portions thereof when such employees are actually assigned to the Foreign Language or Sign Language Interpreter Proficiency Program and are performing the assignment in their daily scheduled duties.
2. However, should a unit employee assigned to the Foreign Language Interpreter Program or Sign Language Interpreter Proficiency Program be unable to perform that function due to a non-job related illness or injury for a period of twenty-one (21) calendar days, this assignment compensation shall be suspended for all scheduled work days not worked in excess of the first twenty-one (21) calendar days and until the day he/shethey returns to this full duty assignment.
D. Temporary Assignments
Foreign Language Interpreter Proficiency and Sign Language Interpreter Proficiency Program assignments are temporary assignments, not a separate job classification; they do not have Civil Service status, and are not subject to Civil Service selection procedures, appeals, or seniority; they are not a property right and may be revoked by Management at any time for job-related reasons or operational necessity.
XXI. ACTING ASSIGNMENT
A. Eligibility
1. A unit employee after having been performing the duties of a vacant position for at least one full calendar day shall be given an acting assignment.
2. A vacant position is one in which the incumbent is on some form of leave, or has terminated, or a newly created position. A vacant position may also be when a unit employee has been transferred to another job assignment in a different Division of Glendale Water & Power.
B. Fulfill Responsibilities of Vacant Position
Acting assignments may be made only to fulfill the responsibilities of the vacant position until such time as an appointment is made or until such time as the incumbent has returned to duty.
C. Assignment Limitations
Upon the approval of the Glendale Water & Power and the notification of the Human Resources Department, acting assignments may be granted for a period not greater than ninety (90) calendar days. Extension of acting assignments beyond ninety (90) calendar days must be approved by the City Manager.
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25 D. One Move-Up per Vacancy
1. Acting assignments are limited to one (1) move-up per vacancy. Additional move- ups may be approved for acting assignment, depending upon business necessity, as determined by management.
2. A unit employee who is assigned to fill a vacancy in management or mid- management shall be eligible for Acting Assignment. Such acting assignment shall be limited to the first move-up to management or mid-management vacancies by a unit employee. Additional move-ups may be approved for acting assignment, depending upon business necessity, as determined by management.
E. Compensation
Upon assignment of an acting appointment, an employee will begin to earn a salary which is equal to Step 1 of the salary range of the position assigned to, but shall receive at least a salary increase of five percent (5%) above the current base salary of the employee's permanent position, unless the 5% exceeds the top step of the acting assignment classification. In this event the acting assignment salary range shall be the top step of the acting assignment classification.
F. Time Accrues Towards Salary Step Increases
While working in an acting capacity, an employee will continue to accrue time toward salary step increases in their permanent position.
XXII. LIMITATION ON EXTRA PAY ASSIGNMENTS
Assignments to extra pay positions are temporary, not a separate classification, and do not have Civil Service status and are not subject to Civil Service selection procedures, appeals, or seniority.
Assignments are not a property right.
XXIII. RETIREMENT
A. PERS
The City provides unit employee retirement coverage through the Public Employees' Retirement System (PERS).
B. Employer PERS Contribution Rate
The employer PERS contribution rate is established and adjusted annually for the employer by PERS Board of Administration. The City shall be solely responsible for payment of the employer contribution rate established by PERS, except as set forth in the 266 of 468
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26 respective employee cost-sharing provisions in Section E.
C. Employee PERS Contribution Rate
1. City of Glendale first tier classic members (subject to the 2.5%@55 formula) per California Government Code section 21354.4 the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) contribute eight percent (8.0%) compensation earnable to pay for their member contribution. City of Glendale second tier classic members (subject to the 2%@55 formula per California Government Code section 21354 – for classic member employees hired on or after January 1, 2011) contribute seven percent (7.0%) compensable earnable to pay for their member contribution.
2. The eight percent (8.0%) compensation earnable for first tier classic employees and seven percent (7.0%) for second tier classic employees are added to salaries by the City shall be included in all salary and compensation comparisons.
23. Should Federal and State laws and regulations require the withholding of personal income taxes, the City will withhold such income taxes which are applicable.
34. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
45. “New members” as defined by California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) on and after January 1, 2013, shall individually pay thean initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan effective July 1, 2013 in which said new member is enrolled, rounded to the nearest quarter of 1%, as established annually by CalPERSor the current contribution rate of similarly situated employees, whichever is greater. (PEPRA – Government code section 7522.30)
“New members” as defined by PEPRA on and after January 1, 2013, shall be enrolled in the PEPRA provided for retirement formula (2.5% at 67) (Government Code section 7522.20(a)). Final pensionable compensation (as defined for new members in Government Code section 7522.34) shall be determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months (Government Code section 7522.32(a)).
D. Additional Retirement Benefits
1. "2% at 60" formula as adopted by the City, effective July 1, 1971.
2. 1959 Survivors Benefit Level Three as adopted by the City, effective November 5, 1994.
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27 3. Survivors Continuance benefit as adopted by the City, effective July 1, 1971.
4. One time five percent (5%) increase for employees retired prior to January 1, 1971, adopted by the City, effective July 1, 1975.
5. One year highest compensation formula as adopted by the City effective September 1, 1976.
6. One time fifteen percent (15%) increase for employees retired prior to July 1, 1971, adopted by the City, effective October 1, 1977.
7. Post retirement survivors allowance to continue after re-marriage, effective August 13, 1985.
8. Military buy back effective November 8, 1991.
9. “2% at 55" formula as adopted by the City effective October 1, 1994.
10. 1959 Survivor’s Benefit - Level Four- as adopted by the City effective October, 1997. Employees pay the employee contribution for this benefit.
11. Unused Sick Leave Credits (Gov’t. Code 20965) effective June 30, 1998.
12. “2.5% at 55” formula effective December 1, 2005 (single highest year).
13. “2% at 55” formula, with the highest three average years, as adopted by the City effective January 1, 2011 for all new unit employees hired on or after January 1, 2011.
14. Retirement Optional Settlement 2 Death Benefit (Govt. Code Section 21548). to be adopted by the City effective July 1, 2007.
E. PERS Cost Sharing
Employees in the bargaining unit pay three percent (3%) as an additional pension contribution as cost sharing in accordance with Government Code section 20516(f). If, at any time in the future, the Union informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) the employees’ base salary would be reduced by three percent (3%).
The parties agree that in conducting a salary or compensation survey, the employees’ contribution to their member contribution and the additional contribution for cost 268 of 468
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28 sharing will be deducted from their total compensation and from the total compensation of the other survey agencies.
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29 ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
I. WORK PERIODS
A. Seven (7) Day Work Period
The work hours for unit employees shall be a fixed and regularly recurring period of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods.
B. Seven (7) Day Work Period for Employees On a 5/40 or 4/10Other Than 9/80 Work Schedule, Beginning/Ending
The seven (7) day work period shall begin on Monday at 12:00 a.m. and end on Sunday at 11:59:59 p.m. except as modified by management.
C. Seven (7) Day Work Period for Employees on the 9/80 Work Schedule, Beginning/Ending
The seven (7) day work period shall begin exactly four hours after the start time of each employee’s alternating regular day off except as modified by Management.
D. Seven (7) Day Work Period - Fixed and Regularly Recurring THEREAFTER, the work periods shall be fixed and regularly recurring seven (7) day work periods as set forth in the aforementioned.
II. TIME WORKED
A. Maximum Time Worked – 7 Day Work Period
The maximum time worked per each seven (7) day work period which is paid at the straight time rate of pay shall be forty (40) hours inclusive of breaks and exclusive of time not considered work time.
III. TIME NOT CONSIDERED AS WORK TIME
A. Activities Not Considered Work Time
The following activities shall not be considered time worked, except as provided for in this MOU.
1. Meal breaks.
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30 2. Leave of absence taken without pay.
3. Travel time to work and returning home in either personal or City vehicle.
4. Time in off-duty training assignments (homework, study time, meal time, sleep time, etc.)
5. Off-duty travel to training sites and returning home.
6. Off-duty time putting on and taking off uniforms.
7. Off-duty time for personal preparation and clean-up.
8. Time worked for which unit employees have already been paid at one and one half (1 1/2) times their regular rate of pay within assigned 40 or 42-hour work period.
9. Any time not authorized as work time.
10. Any time spent in and related to organized school program of related supplemental instruction by apprenticeship employees working under a bona fide apprenticeship program.
11. Any time spent by employees in participating in a voluntary Employee Assistance Rehabilitation Program (EAP).
IV. MEAL TIME
A. Meal Time - Non-Work Time
Unit members’ meal breaks shall commence not earlier than three (3) hours nor later than five (5) hours after the scheduled time for reporting.
B. Meal Time Schedule
All meal time taken is considered non-work time and to be without pay. The schedule for meal breaks shall be determined by management, taking into consideration the continuity of services provided to the public, and the convenience of the employee.
C. Meal Time Length
In no case will mMeal breaks be permitted to exceed thirty (30) minutes, nor cannot they be taken at the beginning or end of a work schedule.
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31 V. BREAKS - REST PERIODS
A. Two 15-Minute Breaks - Rest Periods
Each employee shall be entitled to two (2) fifteen (15) minute rest period per shift, provided however that no such rest period shall be taken during the first or last hour of any employees working day nor in excess of fifteen (15) minutes without the express consent of the designated personperiod.
1. Non-Accumulative
Rest periods are not accumulative and shall not be added to any meal times, vacation, or any other form of authorized absence from work.
These breaks may not be used at the beginning or the end of work shift unless authorized by Management.
B. Benefit - Not Right
Management has the right to suspend the rest period or any portion thereof during an emergency. Any rest period so suspended or not taken at the time permitted shall not be accumulated or carried over from one day to any subsequent day or compensated for in any form.
VI. WORK SCHEDULES
A. City Work Schedules
City work schedules shall be as herein defined except as otherwise provided for:
1. 5/40 Work Schedule: The 5/40 schedule shall consist of a forty (40) work hour week schedule consisting of five (5) eight (8) paid work hour days in seven (7) consecutive calendar day period exclusive of any meal periods assigned by management.
2. 9/80 Schedule: The 9/80 work schedule shall consist of an eighty (80) work hour two week schedule consisting of eight (8) nine (9) hour days and one eight (8) hour working day in a eighty (80) work hour work period in fourteen (14) consecutive calendar days. This schedule shall be divided into two forty (40) work hour work periods segments exclusive of any meal periods as assigned by management. For employees on a 9/80 work schedule, their FLSA workweek shall begin exactly four hours after the start time on the day of the week which is the same day as their alternating regular day off. This will ensure that employees are regularly scheduled to work forty (40) hours in each defined workweek. 272 of 468
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32 3. 4/40 Work Schedule: The 4/40 work schedule shall consist of a forty (40) work hour week schedule consisting of four (4) ten (10) paid work hour days in a seven consecutive calendar day period exclusive of any meal periods assigned by management.
B. Work Schedule - 42 Hour Work Week Assignment
Certain unit employees of the Glendale Water & Power Department may be designated to work a work schedule that averages 42 hours per week. Such employees work all holidays that occur during this work schedule.
C. Apprenticeship Training Programs
1. Recognition
The City and Union recognize the City of Glendale's apprenticeship training programs covering certain crafts.
2. Apprenticeship Standards
Apprenticeship standards for each craft shall be adopted and agreed upon by both parties. These apprenticeship standards shall govern the employment and training of the apprentices in the crafts.
3. Apprenticeship Training - Non-work Time
Both parties agree that time spent in and related to an organized school program of related, supplemental instruction by any apprentice employees shall not be counted as time worked per , and are hereby declared "exempt" from the provisions of the Fair Labor Standards Act of 1938, as amended.
D. Work Schedules - Starting/Ending Time
Unit employees shall be assigned by management daily starting and ending work times.
E. Daylight Savings Work Schedules
1.Employees Assigned Night Shift
Unit employees who are assigned and work the night shift during which the daylight savings change occurs shall:
a. In the spring, when the time is advanced ahead by one (1) hour, modify their hours worked to begin work one (1) hour earlier. In this way the 273 of 468
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33 total hours worked for the normal shift shall remain the same. (Unit employees assigned to Standby Assignment during the spring time change will receive one (1) less hour of Standby Pay than would normally be assigned).
b. In the fall, when the time is turned back, by one (1) hour, those individuals who work a full tour of duty of nine (9) hours shall be compensated by one (1) hour of overtime. (Unit employees assigned to Standby Assignment during the fall time change will receive one (1) additional hour of Standby Pay than would normally be assigned.)
2. Employee Assigned All Other Shifts
All other unit employees assigned and working a shift determined by management during which the "Daylight Savings" time change occurs (either spring or fall) shall work a full shift regardless whether the clock time is advanced or set back.
VII. OVERTIME DEFINITIONS
The following is time worked which shall be considered overtime, except as otherwise specified in this MOU.
A. MOU Overtime
1. Time Worked in Excess of 8 hours
Overtime for unit employees on the 5/40 work week schedule is time worked in excess of eight (8) paid hours in a work day except as set forth in this MOU.
2. Time Worked in Excess of 9 Hours
Overtime for unit employees on a 9/80 work schedule is time worked in excess of nine (9) paid hours in a work day except for any scheduled eight (8) paid hour work day as set forth in this MOU.
3. Time worked in excess of 10 hours
Overtime for unit employees on a 4/40 work week schedule is time worked in excess of ten (10) paid hours in a work day except as set forth in this MOU.
4. Time Worked in Excess of 40 hours
a.5/40 or 4/40 Work Schedule
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34 Overtime for unit employees on a 5/40 or 4/40 work week schedule is time worked in excess of forty (40) paid hours in a seven (7) day work week period except as set forth in this MOU.
b.9/80 Work Schedule
Overtime for unit employees on a 9/80 workweek schedule is time worked in excess of forty (40) paid hours in a 7 day work week period.
5. More Than 12 Hours in Day
Unit employees working the four (4) day on / four (4) day off work schedule shall be paid at one and one-half (1-1/2) times the employee's regular rate of pay for all hours worked in excess of twelve (12) hours in a work day.
6. Time Worked - Scheduled or Extended Shift Overtime
a. Unit employees who are required to work either scheduled overtime or extended shift overtime are defined as working regular overtime. b. The City shall attempt, when feasible, to have 8 hours of rest before starting their normal workday for unit employees required to work either extended shift or scheduled overtime in non-emergency situations. It is understood that these 8 hours of rest may not always be practical due to operational necessity.
7. End of Workday – “New Assignment” Extended Shift
a. Unit employees required to work extended shift overtime, for a new or different work assignment than the unit employee had been working on in the course of the regular workday, upon notification no more than one- half hour prior to the end of the regular work shift, shall be granted a minimum of two (2) work time hours of overtime.
B. Call Back Overtime (Unscheduled)
1. Call back work is unscheduled time worked performed by an off-duty unit employee called back to work after they have completed their normal work schedule and have left work or are on their day off. Unit employees must physically return to the worksite in order to receive call-back pay. Travel time to work and returning home shall not be counted as time worked.
2. The City shall make available to qualified employees an equitable distribution of call back overtime within their assigned section.
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35 VIII. OVERTIME COMPENSATION RATE
A. Regular Overtime
1. Payment
Except for employees in the classifications of Electrical Line Mechanic Apprentice, Electrical Line Mechanic and Electrical Line Mechanic Supervisor I, Oovertime shall be paid at one and one-half (1- 1/2) time the employee's regular hourly rate of pay. Effective the first day of the pay period including City Council approval of this MOU, overtime shall be paid at two times (2) the employee's regular rate of pay for employees in the classifications of Electrical Line Mechanic Apprentice, Electrical Line Mechanic and Electrical Line Mechanic Supervisor I.
2. Comp Time in Lieu of Payment
a. Unit employees may choose in lieu of cash payment to be compensated for overtime by the accumulation of compensatory time, on the ratio of one and one half (1-1/2) hours earned in compensatory time for each hour worked; or
b. Stand-by assignment straight time pay may be converted to straight time compensatory time on an hour for hour basis.
B. Call-Back Overtime
1. Call-Back - Minimum Hours Granted
a. Glendale Water & Power Department, unit employees called back to work, who are not assigned to standby, shall be granted a minimum of four (4) work time hours of overtime except as set forth in Section VIII, B-4.
b. Additional hours may be guaranteed by Glendale Water & Power as needed.
c. All call back overtime shall be paid at one and one-half (1 1/2) times the employee's base regular hourly rate of pay for all hours of call back overtime except as otherwise stated in this article.
2. Call-Back Between 12:00 a.m. - 8:00 a.m.
a. Unit employees shall be paid double (2 times) the employee's base regular hourly rate of pay for every hour of call-back overtime actually worked between 12:00 a.m. midnight and 8:00 a.m. or the beginning of 276 of 468
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36 the next work shift, whichever comes first.
b. Only unscheduled time worked between 12:00 a.m. and 8:00 a.m. can be eligible for paid double time.
c. Unit employees subject to call-back provisions between the hours of 12:00 a.m. and 8:00 a.m., who are relieved of duty less than two and one- half (2 ½) hours prior to the commencement of the regular work shift, shall be paid at straight time for the non-work time between the end of their call-back assignment and the start of their regular work shift. The Continuous Overtime provisions, as set forth in B-3 below do not apply in these circumstances, nor are the unit employees required to remain on work premises for the non-work time occurring between the end of the call-back assignment and the start of the regular work shift.
3. Continuous Overtime
a. Unit employees called back to work six (6) or more hours prior to the start of their regular work shift, who work continuously through the start of the regular work shift, shall continue to receive overtime at the rate earned prior to the commencement of the regular work shift (double- time if between 12:00 am and 8:00 am), as set forth in #2 above, into the regular work shift. The unit employee shall continue to receive the double-time pay until relieved of duty for a rest period of six (6) continuous hours.
b. The unit employee on a rest period shall be paid at straight time for the duration of their regular work shift. If the rest period occurs outside of the regular work shift, there shall be no compensation. c. Should the unit employee be called back to work less than six (6) hours following the commencement of the rest period, over time pay at the double-time rate shall resume when the work commences.
d. An appropriate rest area on City facilities will be provided for the rest period.
4. Limitations
a. Unit employees while on stand-by assignment, and then given a call back assignment shall, upon receiving call back assignment, cease receiving stand-by pay and shall receive call back assignment compensation as outlined in this Article.
b. Unit employees of the Water Division who are assigned to Stand-by, and 277 of 468
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37 are called back to work shall receive a minimum of two (2) hours of overtime, commencing from the time of the call and ending at the time of return home from the call, and shall continue receiving the full monthly Stand-by assignment compensation of eight six-hundred fifty dollars ($80650.00) per month. Additionally, unit employees of the Water Operations Section who are assigned to Stand-by shall receive two (2) hours of overtime for each remote response to alarms using the SCADA system, and shall continue receiving the full monthly Stand-by assignment compensation of eightsix-hundred fifty dollars ($80650.00) per month. Multiple alarm responses within the same two-hour period will not trigger additional hours of overtime.
C. Required Rest Period After 18 Consecutive Hours
1. Under no circumstances shall a unit employee work in excess of eighteen (18) consecutive hours without a rest period of at least two hours.
2. Unit employees will be given eight (8) hours of rest before starting their normal work shift. If the eight (8) hour rest period is not practical due to operational necessity, but after the mandatory two-hour rest period is satisfied, unit employees who are required to work will be paid double time. The double time rate will continue until the unit employees are relieved of duty or provided a rest period of at least eight (8) continuous hours.
3. If the rest period occurs during the unit employee’s regular work shift, unit employees will be paid straight time for the hours of rest that occurs during the regular work shift period until the eight (8)-hour period is met. If the rest period occurs outside of the regular work shift, there shall be no compensation.
D. Sunday Overtime
1.Bargaining Unit employees shall be compensated at double (2 times) the employees’ baseregular hourly rate of pay for all overtime work assigned, both scheduled and unscheduled on Sundays. This double time overtime applies only during the hours assigned between 12:00 a.m. and 11:59 p.m. on Sundays. Any portion of a work assignment falling outside of these hours shall revert to either straight time pay or time and one-half pay, as provided by this MOU.
2. Unit employees while on standby assignment, and then assigned to work Sunday overtime, cease receiving standby pay upon assignment to this overtime assignment.
3. This double time payment shall only apply to overtime work and shall not apply to work and crews which are normally scheduled to work on Sundays (e.g., some employees who work in the Power Plant, Howard Substation and Water Facilities 278 of 468
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38 Crews.
E. Unscheduled Overtime in Excess of Twelve Continuous Hours – Glendale Water & Power - Electrical Division Field Operations
Unit employees of Glendale Water & Power Department – Electrical Division field operations shall be compensated at double (2 times) the employees’ baseregular hourly rate of pay for any unscheduled overtime, after having worked in excess of twelve (12) continuous hours, until such time that the employee is relieved from duty.
F. Holiday Overtime
1. Payment - Compensation Time
Unit employees required to work on a designated holiday, at the employee's option, may choose in lieu of cash payment to be compensated by the accumulation of compensatory time aton the rateio of one and one-half (1 1/2) hours earned in compensatory time for each hour worked, or portion of hours worked.
2. Payment-In-Cash
All time worked on designated holidays shall not exceed paid overtime at two and one-half (2 1/2) times the employee's baseregular hourly rate of pay. This paid overtime at two and one-half (2-1/2) times consists of the designated holiday payment at straight time and any actual time worked on the designated holiday paid at one and one-half (1-1/2) times.
IX. TIME WORK INCREMENTS
A. Increments - Less Than One Hour
All authorized time worked which is beyond the unit employee's work shift schedule which is less than one-hour increments shall be compensated in the following manner:
Time Time Worked
0 - 3 minutes -0-
4 - 8 minutes 0.1 hour
9-15 minutes 0.2 hour
16-20 minutes 0.3 hour
21-26 minutes 0.4 hour
27-33 minutes 0.5 hour
34-38 minutes 0.6 hour
39-45 minutes 0.7 hour
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39 46-50 minutes 0.8 hour
51-57 minutes 0.9 hour
58-60 minutes 1.0 hour
B. Increments Over One Hour
Any time work increments which are over one hour shall be compensated in the same procedure as mentioned herein.
X. OVERTIME "COMPENSATORY TIME" ACCUMULATED AND PAYMENT A. Eligibility
Unit employees may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank.
B. Conversion
Overtime designated for compensatory time may be converted and banked at the rate of straight time, one and one half time, double time, double time and one half or half time at the mutual agreement between the Management and the employee.
Comp. Time
Example: Overtime Worked Conversion
Half-Time 1 hr. 0.5 hrs.
Straight Time 1 hr. 1.0 hrs.
One & one-half 1 hr. 1.5 hrs.
Double Time 1 hr. 2.0 hrs.
Double Time and one-half 1 hr. 2.5 hrs.
C. Accumulation
1. Total 120 Hours Comp Time
Unit employees may accumulate up to a total of 80 overtime hours worked which converts to a total of 120 compensatory hours, unless otherwise set forth in this MOU.
D. Use of Compensatory Time
The time during which an employee may use accrued compensatory time off is subject to approval by the General Manager or his/hertheir designee with due regard for the wishes of the employee and the need to provide service. However, an employee wishing to use his/hertheir accrued compensatory time off shall provide the City with reasonable notice of such request. Reasonable notice is defined as at least five (5) workdays. If reasonable 280 of 468
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40 notice is provided, the employee’s request may not be denied unless it is unduly disruptive to the department to grant the request. A request to use compensatory time off without reasonable notice may still be granted within the discretion of the supervisor or manager responsible for considering the request.
E. Pay Out - Compensatory Time
1. Compensatory Time – In Excess of 120 Hours – Transfer to RHSP Unit employees must transfer unused accumulated compensatory time over one hundred twenty (120) hours compensatory time at the employee’s current rate of pay to the employee’s RHSP account. This transfer will be made in the pay period following the accrual exceeding the maximum hours.
2. Compensatory Time at Termination
All accumulated compensatory time which has not been utilized prior to a unit employee's employment termination from the City shall be paid off at the employee's regular current hourly rate of pay.
3. Compensatory Time - Change in Classification
Any unit employee who changes classification and who has accumulated any hours of compensatory time shall have all their accumulated compensatory hours paid off at their regular current hourly rate of pay.
XI. EMERGENCY OVERTIME REQUIREMENT
The City reserves the right to require unit employees to work overtime in an emergency as set forth in Article Eight.
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41 ARTICLE FOUR
FRINGE BENEFITS
I. FRINGE BENEFITS ADMINISTRATION PROVISION
A. Administration
The City reserves the right to select, administer, or fund any fringe benefits programs involving insurance that now exist or may exist in the future.
B. Selection and Funding
1. In the administration of fringe benefits programs involving insurance, the City shall have the right to select any insurance carrier, self-insure, or other method of providing coverage to fund the benefits provided, as long as the benefits of the plan are substantially the same.
2. The City may choose to exercise its right to select the insurance carrier and select Medicare as the City's Retirement Insurance Carrier for eligible unit employees and retirees. In such case, employees and retirees will be required to enroll in Medicare to be eligible to participate in other City medical plans.
C. Changes
The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article.
D. Limitations
1. The City shall not pay any costs for any fringe benefits provided in this MOU for any person who is on leave of absence without pay for more than 50% of the payroll period unless the affected employee is qualified under the Family and Medical Care Leave Policy.
2. The City shall pay all of its portion of the medical insurance premium from the first day of the last month worked by a terminating employee regardless of how many days the terminating employee works in their last month of employment.
3. The employee shall be notified and billed for the monthly insurance premium by the City.
4. For an employee qualified under the City's Family and Medical Leave Policy, the City shall continue to pay the City's portion of the medical insurance premiums as set forth in this article of this MOU, not to exceed that required by law. 282 of 468
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42 E. Employee Changes in Benefit Coverage
Where optional choice of fringe benefit plans and/or insurance carriers is available to employees, changes in benefit plans and/or insurance carriers may only be made during the open enrollment period established by the City.
II. MEDICAL INSURANCE
A.The rates effective June 1, 202319 are as follows:
Prudent Buyer Indemnity PPO Plan
Employee’s Monthly
Contribution
City’s Monthly
Contribution
a. Employee $ 283.15166.06 $ 531.72414.62
b. Employee plus one dependent $ 737.50437.85 $1,347.771,048.11 c. Employee plus two or more dependents $ 1,046.88621.93 $1,910.411,485.35 California Care – HMO Plan
Employee’s Monthly
Contribution
City’s Monthly
Contribution
a. Employee $ 375.96224.50 $ 528.61377.11
b. Employee plus one dependent $ 801.52483.43 $ 1,098.05779.94 c. Employee plus two or more dependents $ 1,138.72684.33 $ 1,574.781,120.37
Kaiser – HMO High Option Plan
Employee’s Monthly
Contribution
City’s Monthly
Contribution
a. Employee $ 255.32194.08 $ 392.40331.14
b. Employee plus one dependent $ 510.83388.33 $ 784.61662.10 c. Employee plus two or more dependents $ 722.60549.28 $ 1,110.45937.07 Kaiser – HMO Low Option Plan
Employee’s Monthly
Contribution
City’s Monthly
Contribution
a. Employee $ 201.00150.08 $ 338.10287.14
b. Employee plus one dependent $ 402.20300.32 $ 676.00574.10 c. Employee plus two or more dependents $ 568.94424.77 $ 956.73812.54 Anthem – High Deductible Health Plan
Employee’s Monthly
Contribution
City’s Monthly
Contribution
a. Employee $ 183.29 $ 349.34
b. Employee plus one dependent $ 391.97 $ 726.55
c. Employee plus two or more dependents $ 560.51 $ 1,037.39 283 of 468
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43 B. Medical Insurance
Each year on June 1, the City shall pay fifty percent (50%) of any medical insurance premium increase, with the employee paying the remaining fifty percent (50%) of any increase that is effective June 1. Should the medical insurance premium decrease, the City and employee shall receive premium reductions in the same 50/50 proportion.
C. Medical Insurance – Claims Experience
The parties agree that all subsequent medical insurance premium rate renewals will be established according to the claims experience of only active City employees.
Accordingly, prospective retirees’ premium rates will be determined according to the claims experience of only City retirees.
D. Medical Insurance - Indemnity Plan Coverage
1. Plan Premium Rate
The indemnity plan premium includes the rate charge for medical insurance coverage and is based on (a) the plan's group experience including mental health care; (b) cost of administering the claims; (c) excess claims stop loss insurance; and (d) cost of Prescription Drug Card Program.
2. Coverage
The indemnity plan coverage shall include the following coverage:
a. One common plan;
b. Out of pocket stop loss per individual $2,000/$4,000; c. Deductible In-Network $200 per individual not to exceed aggregate total of $400 per employee and dependents; Deductible Out-of-Network $400 per individual not to exceed aggregate total of $800 per employee and dependents;
d. No deductible is applied to special accident benefits; e. No Pre-authorization for hospitalization and outpatient services, other than for some specialized services;
f. 1) All charges in the designated PPO Network shall be covered at 80% subject to the annual deductible.
2) All charges outside designated PPO Network shall be covered at 60% of reasonable and customary services subject to the annual deductible. 284 of 468
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44 g. Maternity benefits for employees and dependent spouses; h. Mental and nervous (mental health care) benefits shall be included in the indemnity insurance plan and paid the same as other illnesses. i. Home health care plan;
j. Preferred Provider Option (PPO);
k. Medical case management;
l. Nursery care for newborn infants;
m. Prescription Drug Card Program ten dollars ($10.00) co-pay for generic drug prescriptions and twenty dollars ($20.00) co-pay for non-generic drug prescriptions)
E. HMO Medical Plans- Inpatient and Outpatient Psychological Services (Mental Health Care) Benefits
Provided per the terms and conditions of the medical health care plans.
F. Medical Insurance – Indemnity/HMO Plan Benefits Booklet The specific details of the indemnity and HMO plan medical insurance benefits are set forth in the Medical Insurance Plan Benefits Booklet available in Human Resources. All benefit descriptions included herein are subject to the individual insurance carriers’ benefit provisions as described in the respective Explanation of Benefits (EOB) for each carrier.
G. Paid Industrial Leave - Medical Insurance Premium
Unit employees on paid industrial leave absent from duty because of injury or illness arising out of and in the course of employment shall have the City paid portion of their monthly insurance premium paid. This paid premium shall continue for a period up to 2080 work hours and exhaustion of all City-paid leave benefits, as set forth in Article Five, Section VII, A-C.
H. Meet and Confer - Medical Premium Increases
The City agrees to meet and confer over the increase of medical premiums with the understanding that premium increases on either the PPO or pre-paid (HMO) plans can be modified through benefit modification agreed to by the City and Union.
I. Retiree Health Savings Account:
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45 The City shall provide unit members with a retiree health savings plan which the City shall fund at the rate of seventy-five dollars ($75) per month per member.
III. MEDICAL INSURANCE - RETIRED EMPLOYEES
A. Retiree Health Savings Plan (RHSP)
1. Purpose
The Retiree Health Savings Plan (RHSP) enables retiring unit employees the opportunity to convert unused accumulated sick leave hours to pre-tax monies to be used for the retirees’ medical insurance costs during their retirement.
2. Sick Leave Conversion Rate
Effective the first day of the pay period including City Council approval of this MOU rRetiring unit employees shall have each eligible hour of accrued unused sick leave hours converted at the rate of twenty-five dollars ($25.00) per hour which will be placed in each employee’s individual Retiree Health Savings Plan (RHSP) effective the employee’s official date of retirement.
3. Eligibility
a. Unit employees who retire from the City of Glendale or in the alternative terminate employment after twenty (20) years or more of service shall be eligible to participate in the Retiree Health Savings Plan (RHSP) and have their sick leave hour conversion amounts deposited into said RHSP account.
b. Unit employees must have their unused accumulated vacation leave paid at the current base rate of pay to the employee’s RHSP account upon retirement subject to IRS regulations.
c. Unit employees must transfer unused accumulated compensatory time in excess of the limit set forth in this MOU at the current regular rate of pay, including extra pays that are normally subject to overtime, to the employee’s RHSP account, subject to IRS regulations. The transfer will be made the pay period following the pay period in which accrual exceeds the maximum hours, per this MOU.
d. The employee is responsible for paying any post retirement RHSP service fees and holds the City harmless for any taxes incurred from their utilization of the RHSP.
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46 IV. MEDICARE
A. Retired Employees - Eligible for Medicare
Retired unit employees and/or their qualified dependents who are eligible to be covered by Medicare under Subchapter XVIII of Title 42 of the United States Code (relative to Health Insurance for the Aged) are deemed to be within the Modified and Supplemental group insurance coverage.
B. Retired Employees - Medicare
1. The retired unit employee and/or qualified dependent entitled to receive City paid Part "A" Medicare shall enroll in Part "A" (Hospital) Medicare upon becoming eligible for Medicare coverage.
2. Retired unit employees and/or their qualified dependents who are not entitled to receive City paid Part “A” Medicare benefits may be required to enroll in Part “A” (Hospital) Medicare benefits as a condition of participating in the City’s retired employee medical insurance plans.
3. These retired City employees shall have their Part “A” Medicare benefits paid for by the City when they are participating in the City’s medical insurance plan and shall continue to pay the City Medical insurance premiums, and Part “B” Medical as designated by the City.
4. Eligible retired City employees and their qualified dependents who fail to enroll in Part “A” Medicare benefits may be barred from participation in Retired Employee medical insurance plans. This Medicare enrollment requirement may be modified or rescinded by the City at any time.
5. Retired City employees participating in the City’s medical insurance plan shall enroll in Part “B” Medical.
V. DENTAL INSURANCE
A. DENTAL INSURANCE CARRIER AND PLAN DESIGN
1. Dental Carrier
Guardian Insurance is the dental insurance carrier for the City of Glendale. This plan offers three options: PPO – High Option; PPO – Mid-Level “Buy-Up”; and DMO.
2.PPO – High Option Dental Plan
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47 The City shall pay the full premium for the PPO dental plan per month per employee for a dental plan for employees and their qualified dependents.
3. PPO – Mid-Level “Buy-Up” Dental Plan
The City shall pay the DMO dental plan rate per month per employee for a dental plan for employees and their qualified dependents. Employees will pay the difference from the DMO dental rates accordingly.
4.DMO - Dental Plan
The City shall pay the full premium for the DMO dental plan per month per employee for a dental plan for employees and their qualified dependents.
5. Dental Insurance Rates – Effective June 1, 202319
Effective June 1, 202319, the following are the City and employee contributions for Dental Plans.
PPO High Option
Employee’s Monthly
Contribution
City’s Monthly
Contribution
a. Employee $ 0.00 $ 41.4443.18
b. Employee plus one dependent $ 0.00 $ 70.4573.41
c. Employee plus two or more dependents $ 0.00 $ 107.74112.27 PPO – Mid-Level “Buy-Up”
Employee’s Monthly
Contribution
City’s Monthly
Contribution
a. Employee $ 15.6716.62 $ 18.3618.83
b. Employee plus one dependent $ 24.1925.77 $ 33.6334.49 c. Employee plus two or more dependents $ 37.1339.52 $ 51.3352.65 DMO
Employee’s Monthly
Contribution
City’s Monthly
Contribution
a. Employee $ 0.00 $ 18.3618.83
b. Employee plus one dependent $ 0.00 $ 33.6334.49
c. Employee plus two or more dependents $ 0.00 $ 51.3352.65 B. Premium Increases
1. Dental Premiums
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48 Any premium increases on the PPO High Option Plan or DMO dental plans that occur during the term of this MOU shall be paid by the City.
C. Dental Plan Enrollment Limitations
1. City of Glendale Guardian PPO High Option Plan
Employees covered under the City of Glendale indemnity medical plan may enroll in either of the two PPO plans or the DMO Dental plan during open enrollment only.
2. DMO & PPO Mid-Level “Buy-Up” Dental Plan
a. Unit employees and their covered dependents (if applicable) covered under any plan other than the Anthem PPO planunder the HMO medical plan are restricted to dental coverage under the DMO dental plan or to “Buy-up” to the PPO-Mid-Level plan.
b. Dependents not enrolled in the HMO medical plan shall not be eligible for the coverage in DMO dental plan or the PPO-Mid-Level “Buy-Up” plan.
3.Unit employees waiving medical insurance may participate in all dental insurance plans.
D. Retired Employees – Dental Plans
1. For retirements of unit employees occurring after July 1, 2005, rRetirees shall be permitted to participate in the City’s dental plans as set forth below. a. The premiums will be fully paid by the retired employee. b. Retired employees in the Indemnity Medical Plan may elect to participate in either the PPO Dental Plan or the HMO Dental Plan.
c. Retired employees in the HMO Medical Plan may enroll only in the HMO Dental Plan.
d. The City reserves the right to form a “Retiree” group within the Dental Program for rate-setting purposes.
VI. OPTICAL/VISION INSURANCE – CITY PLAN
A. Vision Insurance
Unit employees are eligible for a group vision insurance plan to be provided to all unit 289 of 468
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49 employees and their dependents, governed solely by contracts of insurance approved by Council and purchased by the City. The vision plan provides for an examination, frames and lenses (or contact lenses) every twelve (12) months, with a ten-dollar ($10) co- payment.
B. Premium Payments
The City shall pay the entire cost of the premium for the City provided group vision insurance plan.
VII. LONG-TERM DISABILITY (LTD) INSURANCE
A. Premium Payment
The City shall pay for one hundred percent (100%) of the monthly insurance premium rates for the City-administered Long-Term Disability Insurance Plan for unit employees.
The City has the right to choose the insurance carrier.
B. Plan Benefits
Said insurance policy shall cover fifty percent (50%) of pre-disability earnings with a maximum paid benefit of $2,500 per month and a sixty (60) day elimination period, and after all sick leave accrued by the affected unit employees has been first utilized.
C. Leave Without Pay
When a unit employee enrolled in the Plan is not working and files a claim for the LTD Benefit, the City and Union shall share equally (50/50) in the payment of the premium for a period that does not exceed two (2) months of premiums (60 days).
CD. Exceptions - Family and Medical Care Leave
Notwithstanding the above, whenever a unit employee becomes qualified for coverage under the City Family and Medical Care Leave Policy, the City shall continue to pay medical premiums as set forth in this article, not to exceed that required by law.
DE. Limitations
1. Plan benefits are provided for unit employees insured by the Plan up to age 65 for earnings lost for off the job illness or injury up to age 65 per the provisions of the Plan.
2. Compensation from LTD Insurance Benefits and accrued leaves may not exceed the employees’ base salary.
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50 3. Employees may coordinate accrued leaves with LTD Benefits as permitted by the LTD Insurance Policy.
VIII. UNIFORMS
A. Uniforms Provided
1. Eleven Sets of Uniforms
The City shall provide eleven (11) sets of uniforms to the following list of classifications:
Electrical Helper
Electrical Line Mechanic
Electrical Line Mechanic Apprentice
Electrical Line Mechanic Supervisor I
Electrical Mechanic Assistant
Electrical Test Assistant
Electrical Test Technician I
Electrical Test Technician II
Line Clearance Forestry Supervisor I
Line Clearance Forestry Technician
Power Line Truck Operator
Power Plant Auxiliary Operator
Power Plant Control Operator
Power Plant Control Operator Apprentice
Power Plant Mechanic
Power Plant Mechanic Apprentice
Power Plant Mechanic Assistant
Power Plant Mechanic Helper
Power Plant Operator
Power Plant Technician
Power System Operator I
Power System Operator II
Power System Trainee
Principal Water Quality Specialist
Senior Electrical Test Technician
Senior Power Plant Mechanic
Senior Power Plant Technician
Senior Water Facilities Operator
Senior Water Meter Repairer
Senior Water Quality Specialist
Senior Water Quality Technician
Senior Water System Mechanic
Station Electrician
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51 Station Electrician Supervisor I
Station Electrician/Operator Apprentice
Station Electrician/Operator
Station Electrician/Operator Supervisor I
Transformer Shop Supervisor
Transformer Shop Technician
Underground Distribution Construction Mechanic I
Underground Distribution Construction Mechanic II
Underground Distribution Construction Supervisor I
Utility Building Repairer
Utility Equipment Operator I
Utility Equipment Operator II
Utility Maintenance Worker
Utility Welder
Water Facilities Operator
Water Meter Repairer
Water Quality Aide
Water Quality Specialist
Water Quality Technician
Water System Apprentice
Water System Equipment Operator
Water System Helper
Water System Mechanic
Water System Supervisor I
2. Uniforms by Assignment
Unit employees in the classifications of Station Electrician/Power Plant and Utility Maintenance Worker/Power Plant will receive uniforms only if assigned to GWP - Power Plant Divisions.
3. Coveralls and/or Related Uniforms
Coveralls and/or related uniforms are to be made available in the GWP Power Plant, and employees assigned to Water Division chlorinating duty.
B. Uniform Requirements
Unit employees who are required to wear uniforms or who are provided uniform allowance must wear uniform while on duty unless permission to do otherwise has been received from the immediate supervisor. Employees who are on duty and do not comply with uniform requirements shall be subject to disciplinary action.
C. Safety Boot Issuance
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52 1. The City shall provide one pair of work boots (of a quality such as Red Wing or comparable) meeting all existing safety standards, as defined by either ANSI or ASTM, of the City’s choice on an annual basis to all unit employees in the classifications set forth below. The maximum amount that the City will pay for these boots for employees is $200.00.
Electrical Helper
Electrical Test Assistant
Electrical Test Technician I
Electrical Test Technician II
Line Clearance Forestry Supervisor I
Line Clearance Forestry Technician
Power Line Truck Operator
Power Plant Auxiliary Operator
Power Plant Control Operator
Power Plant Control Operator Apprentice
Power Plant Mechanic
Power Plant Mechanic Apprentice
Power Plant Mechanic Assistant
Power Plant Mechanic Helper
Power Plant Operator
Power Plant Technician
Power System Operator I
Power System Operator II
Power System Trainee
Principal Water Quality Specialist
Senior Electrical Test Technician
Senior Power Plant Mechanic
Senior Power Plant Technician
Senior Water Facilities Operator
Senior Water Meter Repairer
Senior Water Quality Specialist
Senior Water Quality Technician
Senior Water System Mechanic
Station Electrician
Station Electrician Supervisor I
Station Electrician/Operator Apprentice
Station Electrician/Operator
Station Electrician/Operator Supervisor I
Transformer Shop Supervisor
Transformer Shop Technician
Underground Distribution Construction Mechanic I
Underground Distribution Construction Mechanic II
Underground Distribution Construction Supervisor I
Utility Building Repairer
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53 Utility Equipment Operator I
Utility Equipment Operator II
Utility Maintenance Worker
Utility Welder
Water Facilities Operator
Water Meter Repairer
Water Quality Aide
Water Quality Specialist
Water Quality Technician
Water System Apprentice
Water System Equipment Operator
Water System Helper
Water System Mechanic
Water System Supervisor I
2. Should excessive wear or damage as a result of work-related use of safety boots cause the need for premature replacement of said boots, management may authorize their replacement.
D. Boot Allowance In-Lieu of Issue
1. GWP Electrical Division Climbing Boots - $350
Unit employees in the GWP Electrical Division classifications listed below, who are required to climb utility poles, shall receive three-hundred and fifty dollars ($350) per year to purchase climbing boots:
Electrical Line Mechanic
Electrical Line Mechanic Apprentice
Electrical Line Mechanic Supervisor I
Electrical Mechanic Assistant
2. Boot Allowance Payment – January 15th
a. Boot allowance shall be paid to active unit employees in the above classifications once per year on the first scheduled payday immediately following the fifteenth (15th) day of January each year. There will be no pro-ration of the boot allowance for unit employees hired after January 15th of each year, nor will the unit employee be required to reimburse the City for the boot allowance should he or shethey fail probation. b. No unit employee shall be eligible to receive any payment of any allowance if such employee has for any reason been absent from active service or on industrial accident or sick leave or on a leave of absence without pay for any time in excess of one-half (1/2) of the twelve (12) 294 of 468
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54 month period immediately prior to the January 15th payment date.
IX. SAFETY ITEMS
Unit employees shall comply with all applicable safety requirements.
A. JOINT SAFETY COMMITTEE
The Joint Safety Committee shall be composed of an equal number of representatives of the Department and the Union. This Committee may meet every three (3) months on a regular basis as determined by said Committee. It shall also meet on urgent situations at the request of either the Department or the Union.
It shall be the responsibility of the Joint Safety Committee to review the causes of accidents revealed by the investigation of such accidents and to recommend rules for the safety of the employees in the performance of their work. The present safe working rules and practices shall be considered a part of this MOU and changes in the Safety Rules shall be subject to discussions between the parties and in conformance with applicable City, State or Federal regulations. The Joint Safety Committee shall utilize consultants from the City, State or Federal agencies in the event an interpretation of City, State or Federal regulations is involved.
It shall be the responsibility of the Department to administer the Safety Program and to make every reasonable effort that Safety Rules are carried out by all employees. It shall be the responsibility of the employees to make every reasonable effort to ensure that they act in a safe manner.
Should a dispute arise over the application or interpretation of a Safety Rule, such dispute shall be resolved by use of the Grievance Procedure.
X. MEAL REIMBURSEMENT
A. Meal Reimbursement Per Diem
1.A per diem rate of thirteen dollars ($13.00) shall be paid to unit employees described in A-1 above who meet one of the following conditions described in “a” through “c” below. This per diem payment will be included on the unit employee’s paycheck, subject to IRS deductions.
a. Emergency Call Back
In excess of four (4) hours and with less than two (2) hours advance notice, meal reimbursement shall be provided, and also for each time period in excess of four (4) hours worked thereafter.
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55 b. Early Call-In
Meal reimbursement shall be provided if an employee is called in early with less than two (2) hours advance notice.
c. Extended Shift
Meal reimbursement shall be provided for an employee who works in excess of three (3) hours prior to or past the normal expiration time of the shift and for each four (4) hour time period following normal expiration of regularly scheduled shift worked thereafter. d.Travel Time – Water Division Standby
Unit employees of the Water Division on standby assignment, who are compensated for travel time when called back to work shall have that travel time applied to the hours work as set forth in A 1, a-c above.
B. Scheduled Call-Back
Meal reimbursement shall not be provided for scheduled call-back. For scheduled call- back in excess of eight (8) hours, extended shift rule applies.
XI. EDUCATIONAL REIMBURSEMENT
A. Eligibility
When any unit employee enrolls in a lower and/or upper division or graduate level university course or other course of college level, which course of study is directly related to such employee's work and has received prior approval of the Glendale Water & Power General Manager, payment of one-half of the tuition and one-half of the cost of required course books for same may be made to the employee upon successful completion of said course.
B. Limitations
1. The aggregate total a unit employee may be reimbursed by the City for their educational courses may not exceed ten thousand dollars ($10,000) per each five (5) years of their full-time salaried employment with the City. Beginning with the first day of employment, employees are eligible to receive $10,000 for each five (5) year cycle (1-5, 6-10, 11-15, etc.)
2. This benefit is non-accumulative and must be used within each 5-year cycle.
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56 In the event such reimbursed employee leaves the employment of the City for any reason, except layoff, within a period of one year following the completion of such course of study, the amount paid by the City for such tuition and books shall be repaid to the City by having the Director of Finance deduct same from the severance pay or last salary paycheck of such employee.
XII. HEALTH MAINTENANCE - CLUB REIMBURSEMENT
A. Eligibility
Unit employees who enroll in the health maintenance club approved by the City, shall, after having been certified by the City, that they have utilized the club for the purpose of exercise a minimum of fifty (50) visits within each fiscal year (July 1 through June 30), receive payment of the cost of the membership up to one hundred and fifty dollars ($150).
B. Limitations
1. The health maintenance club reimbursement benefit is available to all unit employees, and may only be applied to the health maintenance club approved by the City.
2. Unit employees qualifying for reimbursement shall be reimbursed for all covered expenses once per year upon submission of receipts and documentation.
3. Reimbursement will be based on eligible expenses as set forth in this section not to exceed one hundred and fifty dollars ($150) per each fiscal year.
XIII. MILEAGE REIMBURSEMENT PLAN
A. Formula
The following plan is the mileage reimbursement for City employees using personal vehicles for authorized City business approved by management.
1. Reimbursement Rate
The mileage reimbursement shall be based on the standard Internal Revenue Service (IRS) reimbursement rate. Mileage records shall be maintained on forms approved by management.
2. Limitations
a. Mileage reimbursement should not be interpreted as being the rate of reimbursement received for travel as set forth in the City's Administrative 297 of 468
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57 Policy Manual.
b. Any unit employee using their own personal vehicle for City business and receives a mileage reimbursement or monthly auto allowance must maintain a valid California driver’s license and automobile insurance on the vehicle they use for City business and must show proof of such upon request of supervision or management.
XIV. DMV LICENSING REIMBURSEMENT POLICY
A. Purpose
1. The purpose of the policy is to outline the reimbursement procedures for DMV driver's licenses requirements affecting certain classifications, positions, and employees in the City of Glendale.
2. Employees who are required to upgrade their driver's license and/or are required to get special endorsement due to Department of Motor Vehicles regulations, will receive reimbursement of fees as set forth in the following.
B. Reimbursement for Required New DMV Driver’s License Requirements:
1. Employees whose job specifications did not require a commercial driver’s license or special endorsement to perform their driving responsibilities prior to DMV regulation changes and, as a result of these changes, now require this licensing.
2. Employees will be reimbursed, on a one-time basis, for fees required by the DMV to upgrade their driver's license.
3. License renewal fees, minus regular Class C licensing fees, will be paid for by the City.
4. DMV receipts must be submitted for reimbursement.
5. Additional fees that may be incurred by an employee as a result of failing a test will not be reimbursed by the City.
C. Reimbursement if New DMV Driver's License is Requested by Management
1. Employees hired into or promoted to classifications which state in the job specifications: "May require a commercial driver’s license and/or specific endorsement", will be reimbursed for DMV fees if such a license is requested by Management. Employees who obtain commercial driver’s licenses and/or specific endorsements, whose job specifications do not require said license will be reimbursed for DMV fees if Management utilizes their commercial driving 298 of 468
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58 abilities on a regular basis.
2. Employees in these classifications, who are required by Management to have a commercial driver’s license and/or special endorsement, will be reimbursed the difference in renewal fees between regular licensing and commercial and/or special endorsement licensing.
D. Failure to Obtain DMV Licensing Requirements
In the event an incumbent employee is unable to obtain the commercial license, and/or specific certification required, every effort will be made to reassign that individual to a position, not requiring a commercial license and if necessary that employee's salary will be "Y" rated until they are able to obtain their commercial license or transfer to another classification/position which does not require a commercial license or special certification.
E. Compliance Standards
Compliance to DMV commercial driver's license for all City of Glendale employees must be in keeping the DMV California Commercial Driver Standards Handbook, Section One, Commercial Driver License Program Qualifications and Sanctions.
XV. EMPLOYEE DRIVER'S LICENSE REQUIREMENTS
A. Driver's License Requirements
Unit employees who are in a classification which requires the possession and maintenance of a valid California driver's license and/or are required to drive a City vehicle for the City shall participate in the State of California Department of Motor Vehicles Employee Pull Notice program. Affected unit employees are required to inform the Glendale Water & Power management on the first working day after official notification of a restriction, suspension, or revocation of their said driver's license., Any Unit employee who is required by the City to maintain a valid commercial driver’s license excepting a class “C” driver’s license shall be reimbursed for the initial cost of such license. All fees for renewals for City required commercial driver’s license except a class Cc driver’s license shall be reimbursed by the City.
B. Vehicle Code Violations
Any unit employee covered in "A" above shall be required, when convicted of driving under the influence of alcohol or drugs, to meet at least once with the City employees' assistance counselor for substance abuse counseling. EAP counseling sessions are further defined in Article Six, Section 1-D.
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59 XVI. AIR QUALITY MANAGEMENT DISTRICT (AQMD) REGULATIONS It is acknowledged that both parties understand that the City must comply with the regulations issued by the Air Quality Management District (AQMD). It is further understood the City must meet and confer with the Union before implementing any necessary changes to meet these regulations.
XVII. PARKING
Free parking is provided for employees as available.
XVIII. MISUSE OF BENEFITS
Unit employees who fraudulently gain or fraudulently attempt to gain for themselves or others by deception, omission, or fraud the benefits of the City's Workers' Compensation, retirement, medical, dental, or psychological insurance policies or any other benefit which they would not otherwise be entitled to shall be subject to: a) denial of requested benefits; and/or b) disciplinary action up to and including removal.
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60 ARTICLE FIVE
LEAVE POLICY
I. HOLIDAYS
A. Holiday Leave Hours
Each January 1st, full-time unit employees, excluding unit employees who receive holiday-in-lieu pay (i.e., employees who work 42 hours per week), upon becoming eligible, are eligible for up to 115106 hours of paid holiday leave per calendar year to be used for eleven (11)ten (10) City designated holidays as they occur and Floating Holiday hours and as further defined in this article.
B. City Designated Holidays
The following are designated holidays which holiday leave time hours are deducted from employee's holiday leave time as they occur except as otherwise specified by this article. •New Year's Day (first day of January)
•Martin Luther King, Jr. (third Monday of January)
•Washington's Birthday (third Monday in February)
•Memorial Day (last Monday in May)
•Juneteenth (Nineteenth day of June)
•Independence Day (fourth day of July)
•Labor Day (first Monday in September)
•Veteran's Day (eleventh day of November)
•Thanksgiving Day (fourth Thursday in November)
•Friday following Thanksgiving Day
•Christmas Day (twenty-fifth day of December)
C. Use of Designated Holidays Leave Hours
Unit employees who receive holiday leave for city designated leave holidays shall use holiday leave from their holiday leave hours as the City designated holiday occurs in amounts appropriate to their regular scheduled work shift. For example eight (8) hours on an eight (8) hour shift, nine (9) hours on a nine (9) hour shift, ten (10) hours on a ten (10) hour shift and twelve (12) hours on a twelve (12) hour shift.
D. Floating Holiday Leave Hours
Any remaining holiday leave hours not used for these designated City holidays shall be used in a manner consistent with floating leave policy as set forth in this article. 301 of 468
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61 E. Friday After Thanksgiving Day
1. When the Friday after Thanksgiving falls on an employee’s off-Friday (for employees whose alternating regular day off is Friday) on the 9/80 work schedule, employees will retain nine (9) hours of holiday leave for use of floating leave, providing that their normal work schedule includes this Friday as a holiday and they are also normally scheduled to be off this Friday.
2. Unit employees scheduled to work on the Friday after Thanksgiving Day shall receive holiday overtime unless the employee requests to earn compensatory time as set forth in this MOU.
F. Floating Holiday Leave Utilization
1. Floating holiday leave time not expended for the eleventen (110) city designated holidays shall be floating holiday leave. Floating leave shall be approved at such time as is mutually agreeable to the employee and the employee's Glendale Water & Power General Manager. Leave payment shall be charged against employee’s available holiday leave hours accrued.
2. A new unit employee must be employed sixty (60) calendar days in a calendar year before becoming eligible for floating holiday leave.
3. Unit employees are granted floating leave hours at the beginning of the calendar year. Unit employees who terminate their employment with the City may utilize any floating holidays earned up to their last day of employment with the City.
Unit employees who previously utilized floating holiday hours not yet earned (i.e., using the time before the holiday occurred) will have the hours deducted from their final paycheck at separation.
4. The appropriate use of floating holiday leave shall be the employee’s responsibility to monitor. Any employee using so much floating leave that insufficient leave remains to cover the eleventen (110) City designated holidays shall be required to utilize vacation, compensatory time or unpaid leave of absence to cover the designated holiday.
G. Floating Holiday Cash Out
1. The City shall pay unit employees up to eighteen (18) hours of floating holiday leave when management is unable to allow unit employees to take their floating holiday leave because of operational necessity or other related reasons before December 31 of each calendar year. This payment shall be made following the paycheck that includes December 31st.
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62 2. This cash out is limited to eighteen (18) hours of floating holiday leave at the base rate of pay in effect on such day.
H. Holiday Occurrence on Saturday or Sunday
1. Friday Holiday
The Friday immediately preceding any regular holiday that falls on a Saturday shall be deemed to be a holiday.
2. Monday Holiday
The Monday immediately following any regular holiday that falls on a Sunday shall be deemed to be a holiday.
I. Holiday Policy on Scheduled Day Off
1. When a holiday falls on a day which is part of the employee’s scheduled days off, employees shall not be required to use holiday leave time from their holiday leave bank. For example, if Independence Day falls on a Saturday and moves to the previous Friday, and that Friday is the employee’s regular day off.
2. When a holiday occurs on a day on which an employee is scheduled to work, the employee shall take such holiday leave as is appropriate to their work schedule.
3. Holiday leave hours will be moved at the beginning of the calendar year into the employee’s floating holiday bank. These hours may be used in hourly increments at the employee’s request under the same guidelines as vacation time; however, holiday leave hours may not be carried over from one calendar year to the next.
J. Holiday Scheduling
The City reserves the right to require employees to work on designated holidays.
K. Twenty-Fourth of December
1. City Offices Open
a. When December 24th occurs on Monday, Tuesday, Wednesday, or Thursday when City offices are scheduled to be opened, all City offices shall close at 12:00 p.m.
b. Only unit employees working on this day as part of a daytime work schedule starting on or after 6:00 a.m. and ending not later than 6:00 p.m. shall be considered eligible for this holiday provision. As such, 303 of 468
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63 employees who earn holiday in lieu pay since they are scheduled to work regardless of holidays are not eligible for this provision. c. Unit employees eligible for this holiday leave shall work one-half (1/2) of their normally scheduled work shift on this day. This leave shall amount to four (4) hours for employees on a 5/40 work schedule; four and one- half (4-1/2) hours for employees on a 9/80 work schedule; five (5) hours for employees on a 4/40 work schedule.
2. Limitations
a. That part of December 24th from 12:00 p.m. to 6:00 p.m. shall be and is hereby designated a holiday; provided, however, that said holiday shall not apply to the unit employees whose functions are essential to the public welfare as designated by management.
b. Unit employees whose 9/80 day off falls on a day other than a Friday, and whose normal day off falls on December 24th shall be eligible for four and one-half (4 1/2) hours of compensatory time to be taken at another time mutually agreed to by the employee and management.
c. Those unit employees receiving December 24 holiday time off shall work no later than 12:00 p.m. Employees receiving this benefit shall not receive a meal break on this day.
3. Non-Cumulative
a. This twenty-fourth day of December holiday provision is non-cumulative, and if not utilized for any reason as set forth in this section, it may not be taken at a later time except as provided herein.
b. Only unit employees actually scheduled to work on December 24th are eligible for the holiday.
c. Unit employees eligible to receive the December 24th holiday leave, with the approval of management, may combine a maximum of four (4) hours on a 5/40, four and one-half (4-1/2) hours on a 9/80, or five (5) hours on a 4/40 leave with compensatory time or vacation or floating holiday leave or sick leave to receive a full shift off on December 24th. Leaves of absence without pay or temporary disability may not be combined with the December 24th holiday leave.
L. Holiday Leave Limitation
1. No unit employee shall receive any holiday pay if they use more than four (4) 304 of 468
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64 hours (4) of leave of absence without pay either the work day before or the work day after the holiday except as set forth in City Family and Medical Leave Policy.
2. Unit employees who terminate employment before the end of the calendar year shall only be eligible to receive pay for holiday leave hours covering those holidays chronologically occurring prior to their termination and shall also receive up to eighteen (18) hours cash out of unused floating holiday leave. All mandatory holidays occurring after termination shall be forfeited.
M. Holiday Leave Utilization
Accumulated holiday leave time may be taken in 10th of an hour increments or more as approved by management.
II. SPECIAL DAYS OF OBSERVANCE
A. Definition
A special day of observance, day of mourning, or a like day of participation, when so declared by Council by resolution, shall have the same legal effect as a holiday, and during such day or portion thereof so declared, City offices shall be closed, except those offices providing services essential to the public welfare.
B. Schedule
Unless specifically declared otherwise by the City Council, such day shall be between the hours of 7:30 a.m. and 5:30 p.m.
C. Eligibility
Only unit employees working on a special day of observance and not rendering essential services shall have the day off with pay.
D. Compensation
1. Employees whose services are declared essential by the City Manager shall work during such day, or portion thereof, and shall be compensated therefore as by this section specifically provided as follows:
2. Unit employees required to perform essential services on such a day between the hours of 7:30 a.m. and 5:30 p.m., or such other period as specified by the City, shall receive straight time pay in addition to regular pay for each hour worked during such day or period as declared by the City Council. 305 of 468
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65 III. VACATION
A. Vacation Earned
Unit employees shall be provided with vacation earnings to be based on the following schedule:
Years of
Full-Time
Service
Annual Number
of Hours Eligible
to Earn
Monthly Accrual
Number of Hours
Per Month
Year 1 through 4
(start through 48 months) 1-4 80 hours 6.667 hours
Beginning year 5
(49 months through 168
months)
4-14 120 hours 10.000 hours
Beginning year 15
(169 months and thereafter) 14 160 hours 13.333 hours
B. Limitations
1. Vacation is earned and awarded monthly and is computed on the basis of the annual hours divided by the number of months per year.
2. No vacation hours shall be credited for a month in which the employee has been on a leave of absence without pay, excluding disciplinary suspensions without pay, during the majority (50%+) of the month.
3. All vacations shall be taken at such time as approved by the Glendale Water & Power General Manager for which the employee works.
4. Vacation leave may be taken in 10 th of an hour increments or more as approved by management.
5. Unit employees begin to accrue vacation time exactly one year after their first day of employment as a full-time unit employee. However, on the first day of the 13th month of employment, the City will provide the employee with 80 hours of vacation. During the first year of full-time employment, if an employee leaves employment he/shethey will not receive any cash vacation. This provision is permitted by Labor Code section 227.3 since it is contained in this MOU. At the beginning of the thirteenth (13th) month of full-time service with the City employees will be eligible to use the 80 hours of vacation provided to them and will accrue vacation on a monthly basis thereafter.
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66 6. Any unit employee who is laid off during their first year of employment and is then rehired within a one (1) year time period, shall have their prior service time earned prior to their lay off apply toward their service time eligibility for vacation benefits earned.
C. Prior Service
For the purpose of computing additional vacations allowed after five years, "total service" means and includes all full-time service with the City prior to any resignation or retirement as well as the service of a unit employee following reemployment.
D. Vacation Accumulation
All unit employees shall accumulate and use vacation time earned as follows:
1. A unit employee shall be entitled to accrue a maximum total of three (3) years of vacation time. Vacation leave earned in excess of the three (3) years of accumulated vacation leave must be used monthly as accrued.
2. Once three (3) years of accumulated vacation leave is accrued, the unit employee stops accruing additional vacation time until the leave is utilized and the accumulated time is reduced to below the maximum accrual limits. This accrual stops when the unit employee reaches maximum accrual limits of either 240 hours (1 to 4 years of full time service), 360 hours (5 to 14 years of full time service), or 480 hours (15 or more years of full time service).
3. A unit employee who is unable to return to work due to an serious and prolonged illness or injury which prevents such person from taking earned vacation time during the calendar year and the limits set forth in this Section D 1 and 2 above, may, with the approval of the City Manager, carry over such vacation time to the next succeeding calendar year.
4. Accumulation and use of vacation leave beyond any succeeding calendar year and the limits set forth in this Section D 1 and 2 above, may be granted at the discretion of the City Manager in special or unusual circumstances. Any employee who is allowed to accumulate above the maximum of three years of accumulate vacation will be cashed out down to three (3) years of accumulation at the end of the calendar year.
5. A unit employee who has been on military leave of absence for a least thirty (30) consecutive days during the calendar year in which such person would otherwise be entitled and required to take a vacation, may take said vacation during the twelve calendar months immediately following the calendar month of termination of said military leave but in no way shall such unit employee be entitled to take said vacation or receive any compensation for same after this last 307 of 468
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67 stated time.
E. Vacation Cash-Out at Termination / Retirement - RHSP Unit employees who leave City employment (for any reason, including retirement) shall have the following options available to them regarding the value of their vacation hours:
1. They can cash out their vacation hours at their base hourly rate and have it paid in the final paycheck.
2. They can make an irrevocable election in the calendar year prior to leaving City employment that they choose to have the all or a portion of all of the funds from the value of their vacation (at their base hourly rate) placed into their RHSP account at the time of separation. To exercise this option, in making their irrevocable election in the calendar year prior to separation, employees must specify exactly how many of their final vacation hours they choose to deposit into their RHSP account.
F. Vacation/Compensatory Time Off Cash – Out During Employment Any unit employee who has completed at least one year of service with the City may cash out up to 40 hours of either vacation, compensatory time off or a combination of both.
Each employee may cash out up to forty (40) hours one time per fiscal year. If the employee cashes out vacation, it will be cashed out at the base rate of pay. If the employee cashes out compensatory time off, it will be cashed out at the regular rate of pay.
Effective for calendar year 2021 and every year thereafter: By December 15 (the first year being 2020) of each year, employees may make an irrevocable election to cash out up to 40 hours of vacation which they can accrue per year which will be earned in the following calendar year (or 40 hours of compensatory time off which they may earn in the following year) at the employee’s base rate of pay (and at the regular rate of pay for cash out of compensatory time off). In the following year, the employee can receive the cash for the leave they irrevocably elected to cash out in the first pay period of December.
If an employee’s vacation or compensatory time off leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out vacation or compensatory time off in the following calendar year and uses such leave in that subsequent year, the vacation or compensatory time off leave used will come from the leave the employee had earned prior to January 1 of the year the employee has elected to cash out vacation or compensatory time off. This is to ensure that assuming an employee had a vacation leave or compensatory time off balance prior to January 1, the leave used will not result in a reduction in the amount of leave the employee will be eligible to cash out. 308 of 468
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68 In addition to the above, starting in calendar year 2021, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued vacation or compensatory time off of up to a total of 40 hours.
Further details on unused accumulated vacation leave and RHSP are set forth in Article Four of this MOU.
IV. LEAVE OF ABSENCE - SWEARING-IN CEREMONY - U.S. CITIZENSHIP In recognition of unit employees receiving their United States citizenship, the City proudly recognizes their new citizenship status and eligible employees shall be granted leave of absence with pay to attend the Swearing-In Ceremonies related to the employee’s citizenship.
V. SICK LEAVE
A. Sick Leave Benefit
1. Sick leave is a benefit and not a right and is to be utilized by employees who are unable to work because of an injury or illness, except as provided otherwise in this article.
B. Sick Leave Accumulation Plan
1. Employees shall accrue eight (8) hours sick leave for each major portion of a month (96 hours per year) worked in a calendar year.
2. For each month, or more than 50% portion thereof, during which a full time unit employee is compensated on a monthly basis, said unit employee shall be allowed a sick leave of absence with full pay for eight (8), nine (9), ten (10), or twelve (12) hours, depending upon such employee’s assigned work schedule to be taken only when the employee is unable to work on account of illness or injury, including pregnancy or for eligible family members as addressed below. Said amount of sick leave hours shall be debited in full from the affected employee’s sick leave accrual bank.
3. Service time prior to any resignation, retirement, or removal from employment of the City shall not thereafter be considered for any leave accumulation (credits) except in the case of a unit employee reinstated. Unit employees reinstated subsequent to resignation shall have reinstated to their credit any accumulated sick leave hours lost because of such resignation.
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69 4. Unit employees re-employed from a lay-off list shall have all previously accrued sick leave credit added to their accumulated sick leave balance.
C. Rules Regarding Sick Leave Use
1. Sick leave shall not be accrued for time during which unit employee is on leave of absence from duty without pay.
2. Sick leave shall be approved by management based on the sick leave policies set forth in the Administrative Policy Manual of the City.
3. A unit employee who is unable to work on account of illness or injury shall abide by the sick leave policy and procedure established by the City. The City reserves the right to send a unit employee for examination to verify medical release prior to authorizing the employee to return to work. For a leave of absence of five (5) days or less, the City reserves the right to require a release to return to work.
4. Any illness or injury extending more than five (5) full working days for unit employees must be verified by Employee Health Services.
D. Glendale Water & Power Notification
1. Unit employees who are absent from work due to illness or injury shall promptly notify their supervisor or Glendale Water & Power General Manager daily in advance of the start of their shift. Glendale Water & Power may have further requirements regarding the reporting of absences from work due to illness or injury. This may include requiring the employee to provide proof of illness or injury to Employee Health Services, based on the sick leave policies of the City.
2. Management shall exempt employees from these requirements providing the unit employee:
a. is in a medical facility; or
b. has an industrial disability which has been determined to be permanent and stationary by a licensed medical physician and prohibits return to duty; or
c. other arrangements, locations, or conditions have been authorized by management.
E. Use of Accumulated Sick Leave
In addition to illness or injury, accumulated unused sick leave may be used by a unit employee for:
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70 1. Temporary disability as outlined in this MOU.
2. Family care leave as outlined in this MOU.
3. Transfer to the employee’s RHSP account as set forth in Article Four.
F. Family Care Leave with Pay - Utilize Sick Leave
1. Definition
Family care leave shall be defined as whenever the unit employee's presence with the family is needed because of illness or medical conditions with their spouse or family as defined below.
2. Sick Leave With Pay
a. Unit employees may, upon request, be granted in each calendar year up to a maximum of forty-eight (48) sick leave hours.
b. Family illness leave and such time taken shall be charged against the unit employee's accumulated sick leave.
3. Family
Family shall mean spouse, employee's child, stepchild, siblings, parent or spouse’s parents, grandchildren, grandparents, registered domestic partner and designated person as defined by State law, or any other relative residing in the same household as employee.
G. Additional Leave Without Pay
Additional leaves of absence without pay on account of illness or injury may be granted in the same manner and for such period of time as is provided in the case of other leaves of absence without pay, as set forth in this article or as provided by the City's Family and Medical Care Leave Policy.
VI. BEREAVEMENT LEAVE
A. Definition
Bereavement leave shall be defined as whenever any unit employee has experienced a death, or critical illness where death appears to be imminent in the immediate family, defined as the spouse, the employee's or employee's spouse's mother or father, stepmother or stepfather, brother or sister, child, grandparents, grandchildren, son-in- 311 of 468
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71 law, daughter-in-law, brother-in-law, sister-in-law, "step" relatives as described above, the employee’s registered domestic partner or any other relative of the employee or employee's spouse residing in the same household or who has resided with the employee in the same household for three (3) out of the last five (5) years.
B. Leave With Pay
Such unit employee may be granted bereavement leave with full pay not to exceed a total of three working days per occurrence as approved by Glendale Water & Power management. In addition to the above, employees are entitled to use two additional days of bereavement leave per occurrence. However, that leave is unpaid but the employee has the right to use accumulated vacation or sick leave. In addition, those additional two days are only for the death an immediate family member and must be used within three months of the family member’s death.
C. Facts Justifying Absence
The unit employee must submit an approved declaration or other evidence acceptable to Glendale Water & Power management justifying such absence.
D. Not Applicable if on Sick Leave
Bereavement leave shall not apply to unit employees on sick leave at the time of the incident.
VII. WORKERS' COMPENSATION
A. Workers’ Compensation Leave
Unit employees compelled to be absent from duty because of injury or illness arising out of and in the course of employment, shall receive a paid leave of absence not to exceed three hundred twenty (320) hours (8 weeks).
B. Temporary Disability
1. If a unit employee is entitled to receive temporary disability indemnity under Division 4 of the California Labor Code, such unit employee may elect to supplement statutory disability payments with any accumulated sick leave, compensation time and/or vacation leave benefits when added to the temporary disability indemnity will result in a payment equal to full salary and City paid Deferred Compensation.
2. This full salary shall not exceed the employee's base earnings and City paid Deferred Compensation that were in effect as of the date of illness or injury. 312 of 468
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72 3. When a unit employee uses paid leave to augment full salary paid leave benefits, including sick leave, vacation leave, compensatoryion time, holiday leave time, continue to accrue, consistent with these leave policies.
C. Additional Temporary Disability Benefit
1. After a unit employee exhausts all the benefits they are eligible for in Article Five, Sections VII, A and B, and the employee continues to be temporarily disabled, he/shethey shall receive, for a period not to exceed six months, additional compensation which when added to the statutory disability rate results in a payment equal to two-thirds of full base salary and City paid Deferred Compensation for such period.
2. This full salary shall not exceed the employee's base earnings that were in effect as of the date of illness or injury.
3. Unit employee may elect not to use all of their accrued vacation time (up to eighty (80) total hours) before being eligible for this benefit.
D. Statutory Benefits Follow Additional Benefits
If a unit employee has exhausted his/hertheir benefits under Article Five, Sections VII. A, B and C, and if the employee is still temporarily or permanently disabled, he/shethey shall receive statutory temporary disability benefits in effect at the date of illness or injury.
E. Outside Employment and Medical Limitations
1. All outside employment must be approved by management pursuant to City and Glendale Water & Power rules and regulations.
2. During convalescence and/or modified work assignment, it shall be expressly forbidden for a unit employee to engage in any outside employment that would interfere with their convalescence. An employee who is out of work for a medical reason or who is working a modified work assignment must receive subsequent management approval by contacting the General Manager of the Department of Water and Power in writing (i.e., even if previously approved to work any outside employment) to work outside employment.
VIII. JURY DUTY
A. Notification/Summoned
Any unit employee who is summoned to serve on jury duty shall immediately notify their supervisor and provide written evidence of notice or of summons. The employee shall receive their regular salary limited to ten (10) working days annually. 313 of 468
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73 B. Accommodation of Jury Leave
Management shall accommodate the employee's work schedule while assigned to Jury Duty, such as being assigned to day shift (Monday through Friday - 6:30 a.m. - 6:30 p.m.).
C. Jury Duty Call-In
Unit employees participating in the juror telephone call-in system shall immediately notify their supervisor of their next-day jury duty obligation when known and make appropriate mutually agreed to work schedule changes.
D. Jury Duty Stand-by
Unit employees placed on jury duty stand-by will immediately notify supervisors of stand- by status so accommodations can be made.
E. Jury Time Extension
This jury time may only be extended if the City receives documentation from the Courtshould a formal request be submitted to the City Manager by the Jury Commissioner.
IX. MILITARY LEAVE
A. Eligibility
1. Military leave of absence with pay shall be granted to permanent unit employees who have been employed with the City for one year or more when called to active military duty. Such time shall include hourly employment which immediately precedes the employee's appointment to a permanent classification.
2. Unit employees with less than one year shall receive military leave of absence without pay.
3. Military leave with pay shall not be granted to unit employees on weekend assignment or advance party on weekend assignment and inactive duty training.
B. Length of Military Leave with Pay
Eligible unit employees shall be entitled to military leave of absence with pay for the first thirty (30) days of active military duty.
X. OTHER LEAVES - WITHOUT PAY
A. Leave of Absence Without Pay - Up to 7 Days
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74 The Glendale Water & Power General Manager may grant a leave of absence without pay to unit employees for periods up to seven (7) calendar days in any month.
B. Leave of Absence Without Pay - Excess of 7 Days
The Glendale Water & Power General Manager may grant leaves of absence without pay to unit employees in excess of seven (7) calendar days in any month, with the approval of the City Manager.
C. Leave of Absence Without Pay - Early Return
Any unit employee granted a leave of absence without pay may, with the approval of the Glendale Water & Power General Manager and the City Manager, return to duty prior to the time fixed for the expiration of such leave.
D. Limitations
1. Unit employees shall first utilize all of their accrued vacation, holiday, and compensatory time before a leave of absence without pay is granted, except as approved by Glendale Water & Power General Manager.
2. Unit employees eligible for unpaid leave under the Family and Medical Care Leave Policy may elect to use such leave concurrent with accrued paid leaves.
XI. ELIGIBLE LEAVE BENEFITS
A. Accrual/Usage of Leave Benefits
All leave benefits (vacation, holidays, sick leave, bereavements or any other leaves) shall be accrued and taken in one-tenth hourly increments based on current benefit accrual rates.
B. Example
A unit employee who works a 12-hour shift work schedule accrues sick leave time at the rate of eight (8) hours per month, and if they take a sick leave day, they shall be debited 12 hours from their sick leave accrual.
C. Leave of Absence - Family and Medical Care Leave
Unit employees requesting unpaid Family and Medical Care Leave will be granted leave pursuant to the City's Family and Medical Care Leave Policy. 315 of 468
International Brotherhood of Electrical Workers Local 18 – Unit 40 AugustJuly 1, 202319 – July 31, 20273 Article Six
75 ARTICLE SIX
WORKING CONDITIONS
I. ALCOHOL AND SUBSTANCE ABUSE
A. Mutual Agreement
City and Union agree to mutually work together for the prevention of alcohol and substance abuse in the workplace for the benefit of the employees, City, and its citizens.
B. Determent, Detection and Treatment
The City and Union also will work together to support the City programs, policies, and procedures currently implemented to deter, detect and treat the problems of alcohol and substance abuse in the workplace, provided that such programs are consistent with the law. Such policies, programs, and procedures include but are not limited to the City's Employee Assistance Program, Medical Standards, Drug and Alcohol Educational and Training Programs, Policy of Consumption of Alcoholic Beverages and Illegal or Controlled Substances, Drug and Alcohol Screening for pre-placement candidates, safety sensitive promotional candidates, employee renewal of Class "A" and "B" Driver's licenses, and reasonable suspicion of employees under the influence on work time.
C. Support of EAP
The City and Union agree to encourage and support the rehabilitation of employees with alcohol and substance abuse problems through the constructive use of the Employee Assistance Program.
D. EAP Counseling
It is understood Voluntary EAP counseling sessions are confidential. Records kept under the Mandatory EAP Rehabilitation program shall be available only to those persons who administer the program or monitor and/or manage employees participating in the program.
II. TEMPORARY MODIFIED WORK PROGRAM
A. Eligibility
The City has a Temporary Modified Work Program for temporarily disabled and convalescing unit employees. Any unit employee who is temporarily incapable of performing his/hertheir normal assigned duties because of an illness or injury may request assignment or be required by City management to participate in the temporary modified work program. The decision as to whether to offer temporary modified duty is 316 of 468
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76 up to the discretion of the City.
B. Application and Acceptance
Application for the program shall be in writing by the unit employee when consideration is requested for the work program and by written direction when management requires the employee to participate. City management shall make a determination of admission to the program based upon such factors as:
1. The attending physician's release to temporary modified work program;
2. Availability of City-wide work stations suitable to accommodate the employee's specific limitations; and
3. The employee's ability to perform satisfactorily in a selected temporary assignment.
C. Outside Employment
During convalescence and/or modified work assignment, it shall be expressly forbidden for the employee to engage in any outside employment without subsequent City approval by contacting the General Manager of the Department of Water and Power in writing.
D. Final Decision
The Glendale Water & Power General Manager shall make the final decision on whether an accommodation can be made based upon stated criteria, and the affected unit employee shall be notified in writing.
E. Interactive Process
An employee who is disabled will be able to participate in the good faith interactive process so that the City can assess whether a reasonable accommodation can be provided for the employee’s disability. The good faith interactive process consists of a meeting or meetings with the employee and City representatives to compare the employee’s work restrictions to the essential functions of the employee’s job. The parties will engage in a dialogue so that the City can assess whether reasonable accommodation is possible. The employee shall be made aware of their right to representation. 317 of 468
International Brotherhood of Electrical Workers Local 18 – Unit 40 AugustJuly 1, 202319 – July 31, 20273 Article Seven
77 ARTICLE SEVEN
GRIEVANCE PROCEDURE
I. PREAMBLE
Unit employees or the Union who choose to resolve a dispute relating to work related matters may utilize the agreed upon grievance procedure, provided that the subject matter of that grievance falls within the definition of a grievance. The purpose of this procedure is to solve problems fairly and as expeditiously as possible at the lowest possible level. This procedure is a problem solving process. At each step, a good faith effort will be made to resolve the issue. The Union shall be informed of, and be afforded the opportunity to be present in meetings regarding grievances filed by individual employees. This is to provide consistency in the application of the MOU.
II. GRIEVANCES
A. Definition
A grievance is any dispute concerning the interpretation or application of this written MOU or of rules or regulations governing personnel practices or working conditions.
B. Grievance - Informal - Verbal
When an employee or the Union believes feels he/shethey haves been unfairly treated a grievance as defined, or does not agree with his/her supervisor on policy interpretation or the Union believes the MOU has been violated, he/shethe employee or the Union or it may initiate formal action to secure review of the grievance by top management. Such action should be used, however, only after informal appeal through discussion with the immediate supervisor (for the union it would be filed with the applicable Chief Assistant General Manager or other designated manager as determined by the General Manager) has not been successful.
C. Grievance - Formal - Written
If the informal answer given by the employee's supervisor (or if filed by the Union, the applicable Chief Assistant General Manager or other designated manager as determined by the General Manager) is not satisfactory, the employee or the Union may appeal his/hertheir or its grievance in the following manner:
1. Step I - Supervisor
Within fourteen (14) calendar days following the occurrence of the alleged grievance, the employee will present his/hertheir views to his/hertheir supervisor 318 of 468
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78 (if filed by the Union it will be presented to the applicable Chief Assistant General Manager or other designated manager as determined by the General Manager) on a grievance form, in duplicate, obtainable from Human Resources. The supervisor or the applicable Chief Assistant General Manager or other designated manager as determined by the General Manager will, within fourteen (14) calendar days, enter his/hertheir decision and the reasons for it and return it to the employee or the Union. If the employee or Union is not satisfied with the answer given, he/shethey or it may appeal as follows:
2. Step II - Glendale Water & Power General Manager
Within seven (7) calendar days of receipt of the supervisor's or the applicable Chief Assistant General Manager or other designated manager as determined by the General Manager answer, the employee will forward the grievance to General Manager of Glendale Water & Power. The General Manager will, within seven (7) calendar days, schedule a meeting with the grievant (including the appropriate union representative if filed by an employee or just with the union representative if filed by the union). The purpose of the meeting will be for the grievant to have an opportunity to fully explain his/hertheir or its position, including showing the General Manager the evidence on which the grievant relies. Following the meeting, the General Manager shall enter his/hertheir decision in writing, the reasons for it and return it to the grievant (and the union if filed by an individual employee) within seven (7) calendar days. If the employee or the Union is not satisfied with the decision, he/shethey or it or his/hertheir representative may appeal as follows:
3. Step III – Advisory Arbitration
In the event the Union (regardless of whether the grievance was filed by an employee or the Union) is not satisfied with the decision of the General Manager, or his/hertheir designee, the Union may request that the grievance be submitted to arbitration.
The request for arbitration must be filed within twenty calendar (20) days following receipt of the General Manager’s (or designee’s) response at Step II.
The parties shall request the State Mediation and Conciliation Service (or other mutually agreeable entity) to submit a list of seven (7) persons qualified to act as arbitrator. Within ten (10) calendar days following receipt of the list of arbitrators, the parties shall meet (which can be on the phone) to select the arbitrator. The parties shall alternately strike one name from the list of arbitrators (the right to strike the first name to be determined by flipping a coin) until one (1) name remains, and that person shall be the arbitrator.
The arbitrator shall be notified of his/hertheir selection by a joint letter from the Human Resources Department and the Union requesting that he/shethey set a 319 of 468
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79 time and place for the hearing subject to the availability of the City and Union Representatives.
The arbitration shall be limited to the issues submitted to the arbitrator. The arbitrator’s advisory opinion shall not add to, subtract from, or otherwise modify the terms and conditions of this MOU.
The arbitrator shall submit his/hertheir written advisory opinion within thirty (30) calendar days following close of the hearing (assuming an oral closing argument is made by both parties) or thirty (30) calendar days from the date of submission of briefs by the parties, unless the parties agree in writing to an extension thereof.
The arbitrator’s advisory opinion shall be forwarded to the City Manager, who shall review the award and make the final decision within forty-five (45) days of its receipt.
The fees and expenses of the arbitrator shall be shared equally by the parties’ involved, including the cost of a court reporter or other person transcribing the proceedings. However, if one of the parties cancels the hearing, any cancellation fees will be paid by the party cancelling unless both parties agree to cancel and split the cancellation fees. All other expenses including, but not limited to, fees for witnesses, copies of transcripts, and similar costs incurred by the parties during such arbitration, will be the responsibility of the party incurring the same.
D. General
1. Time Limits
If the time limit at any step should elapse, the decision rendered at the previous step will be understood to have been accepted. For example, if an employee does not forward a Step I decision to Step II within seven (7) calendar days, it is understood that he/shethey has accepted the Step I decision and the matter is closed. Time limits may be extended by mutual consent.
2. Grievance Settled - Form Distribution
When a grievance is settled, the employee will keep the duplicate of the form and the original will be placed in the grievance file in Human Resources.
3. Representation
An employee utilizing this procedure may be represented or assisted by, not to exceed three, authorized representatives in the preparation, presentation and hearing of a grievance. The supervisor, Glendale Water & Power General Manager and City Manager may also be accompanied by other persons in conferences or hearings. Witnesses may be called and questioned by both parties.
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International Brotherhood of Electrical Workers Local 18 – Unit 40 AugustJuly 1, 202319 – July 31, 20273 Article Seven
80 4. Time of Hearings
All grievances will be heard during working hours. Aggrieved employees, their representatives, and all witnesses will be given reasonable time off without loss of pay, vacation or other time credits for the purpose of presenting grievances.
5. Grievances- Non-Appealable to Civil Service Commission The grievance procedure is not intended as a means of appealing actions under the jurisdiction of the Civil Service Commission.
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International Brotherhood of Electrical Workers Local 18 – Unit 40 AugustJuly 1, 201239 – July 31, 20273 Article Eight
81 ARTICLE EIGHT
GENERAL PROVISIONS
I. WAIVER PROVISION ON BARGAINING
Except as specifically provided for in this MOU or by mutual agreement in writing during the effective dates of this document, the Union hereby agrees not to seek to negotiate or bargain with respect to any matters pertaining to rates, wages, hours, and terms and conditions of employment covered by this MOU.
II. EMERGENCY WAIVER PROVISIONS
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances as determined by management, the provisions of this MOU which restrict the City's ability to respond to these emergencies shall be suspended for the duration of such emergency. After the emergency is over, the Union shall have the right to meet with the City regarding the impact on employees of the suspension of these provisions in this MOU.
III. SEVERABILITY PROVISION
A. MOU Remains in Full Force and Effect
Should any article, section, subsection, subdivision, sentence, clause, phrase or provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU.
B. Successor Provision
In the event any provision shall have been found to be inoperative, void or invalid as aforementioned, the City and the Union shall, upon the request of either party, meet and confer in an effort to agree upon a successor provision.
IV. PROVISIONS OF MOU
A.The provisions of this MOU shall supersede all prior agreements and Memoranda of Understanding, oral or written, expressed or implied, between the parties, and shall govern the entire relationship of any and all rights or claims which may be asserted hereunder or otherwise. This MOU is not intended to cover any matters preempted by Federal or State law or City Charter.
B. Civil Service and Glendale Water & Power Rules and Regulations 322 of 468
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82 1. It is understood and agreed that there exist within the City, in written form, Civil Service and Glendale Water & Power Rules and Regulations.
2. Except as specifically modified by this MOU, these rules and regulations and any subsequent amendments thereto, shall be in full force and effect.
3. Before any new or subsequent amendments to these Civil Service and/or Glendale Water & Power rules and regulations which, directly affect wages, or significantly alter hours, and terms and conditions of employment, are implemented, the City shall meet and confer with the Union regarding such changes.
4. Nothing provided herein shall prevent the City from implementing such rules and regulations provided it has met with the Union as required.
V. AMENDMENTS TO MOU
The provisions of this MOU can be amended, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the designated representatives of the City and the Union.
VI. RESOLUTION OF IMPASSE
Should MOU negotiations result in impasse both the City and the Union shall follow the impasse procedures as outlined in current State law. If, within five (5) days of the declaration of impasse the parties mutually agree to mediation, they shall participate in a mediation with an agreed upon mediator or one selected by the State Mediation and Conciliation Service which is part of the Public Employment Relations Board.
VII. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this MOU shall commence on AugustJuly 1, 202319 and terminate July 31, 20273.
VIII. RATIFICATION AND IMPLEMENTATION
A. Acknowledgment
The City and Union acknowledge that this MOU shall not be in full force and effect until ratified by the Union and adopted in the form of a resolution by the City Council.
B. Ratification
Subject to the foregoing, this Memorandum of Understanding is hereby ratified by the authorized representatives of the City and Union and entered into on this day of 20230. 323 of 468
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83 C.During the term of this MOU, the parties agree to reopen the MOU. The reopener is limited to negotiating on the following topics:
1.Merger of the current classifications of Station Electrician/Operator and Station Electrician.
2. Establishment of an apprenticeship for the possibly merged classification; or
3. Wages for the possibly merged classification.
By its agreeing to this reopener, the parties acknowledge that they are not agreeing to any of items. Rather, if requested to reopen by either party, they will negotiate in good faith (as required by law) on these topics.
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International Brotherhood of Electrical Workers Local 18 – Unit 40 AugustJuly 1, 202319 – July 31, 20273 Appendix “A”
84 APPENDIX "A"
CITY OF GLENDALE
International Brotherhood of Electrical Workers Local 18 - Unit 40 A. DESIGNATED CLASSIFICATIONS
The following are the City of Glendale's International Brotherhood of Electrical Workers Local 18 - Unit 40 classifications:
Electrical Helper
Electrical Line Mechanic
Electrical Line Mechanic Apprentice
Electrical Line Mechanic Supervisor I
Electrical Mechanic Assistant
Electrical Test Assistant
Electrical Test Technician I
Electrical Test Technician II
Line Clearance Forestry Supervisor I
Line Clearance Forestry Technician
Power Line Truck Operator
Power Plant Auxiliary Operator
Power Plant Control Operator
Power Plant Control Operator Apprentice
Power Plant Mechanic
Power Plant Mechanic Apprentice
Power Plant Mechanic Assistant
Power Plant Mechanic Helper
Power Plant Operator
Power Plant Technician
Power System Operator I
Power System Operator II
Power System Trainee
Principal Water Quality Specialist
Senior Electrical Test Technician
Senior Power Plant Mechanic
Senior Power Plant Technician
Senior Water Facilities Operator
Senior Water Meter Repairer
Senior Water Quality Specialist
Senior Water Quality Technician
Senior Water System Mechanic
Station Electrician
Station Electrician Supervisor I
Station Electrician/Operator Apprentice
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85 Station Electrician/Operator
Station Electrician/Operator Supervisor I
Transformer Shop Supervisor
Transformer Shop Technician
Underground Distribution Construction Mechanic I
Underground Distribution Construction Mechanic II
Underground Distribution Construction Supervisor I
Utility Building Repairer
Utility Equipment Operator I
Utility Equipment Operator II
Utility Maintenance Worker
Utility Welder
Water Facilities Operator
Water Meter Repairer
Water Quality Aide
Water Quality Specialist
Water Quality Technician
Water System Apprentice
Water System Equipment Operator
Water System Helper
Water System Mechanic
Water System Supervisor I
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8b
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Ordinance for Introduction to amend Glendale Municipal Code Chapters Related to Refuse, Yard Trimmings and Recyclable Material Collection and Disposal and Solid Waste Disposal
1) Ordinance for Introduction to amend Chapter 8.44 and 8.56 of the Glendale Municipal Code to address state mandated refuse diversion and organics management requirements
2) Resolution adding and modifying citations and fines in the Citywide Fee Schedule for enforcement of waste management protocols
COUNCIL ACTION
Item Type: Action Item
Approved for January 9, 2024 Calendar
EXECUTIVE SUMMARY
Due to changes in state law as well as discrepancies in the existing code, minor “clean- up” language is needed for Sections 8.44 and 8.56 of the Glendale Municipal Code (GMC). Regulations for organics handling and self-disposal will be clarified. Additionally, staff proposes to omit enforcement protocols from the Chapter 8.44 and modify and add citation fines to the Citywide Fee Schedule for enforcement of waste management protocols.
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RECOMMENDATION
Introduce an ordinance amending the Glendale Municipal Code (“GMC”) to address state mandated refuse diversion and other organics management requirements. Additionally, that the Council approve a resolution adding and modifying administrative citations and fines in the Citywide Fee Schedule for enforcement of solid waste management protocols.
ANALYSIS
Revisions to Title 8 of the GMC pertaining to Health and Safety are needed to comply with State law, namely SB 1383 Mandatory Organics Recycling requirements. SB 1383 targets reductions in organic waste methane emissions in residential and commercial generators by instituting organics collection services, requiring standardized container colors and labelling, establishing food recovery programs, performing education and outreach, and ensuring certain levels of recyclable and recovered organic products are procured by the city. The California Department of Resources Recycling and Recovery (CalRecycle) is charged with enforcing and monitoring local compliance with SB 1383 requirements.
In 2021, the city passed an ordinance establishing an exclusive commercial waste franchise system that was assigned to four private solid waste haulers. Since this system promotes conformity of compliance for commercial waste generators, it affords the city with greater controls to meet CalRecycle Mandatory Commercial Recycling and Mandatory Organics Recycling requirements. With the implementation of programs under both ordinances, certain provisions have been found to require minor modification or clarification.
Clarification on Self-Hauling
Under the existing GMC, self-hauling of all streams (refuse, recyclables, organics) is allowed under Section 8.44.080.C and Section 8.44.082.M. This potentially conflicts with the requirement that all commercial generators must subscribe to and pay for collection services under Section 8.44.082.A. Allowing self-hauling of refuse provides commercial generators an option to not participate in the city’s franchise system and creates a loophole to encourage illegal dumping. Consequently, the self-hauling allowance is clarified to apply to recyclables and organics streams only. Generators may self-haul their recyclables or organics to help with diversion of materials, but refuse would not be allowed to be self-hauled due to health and safety concerns.
Fees for Non-compliance
Enforcement language provided in Section 8.44.180 was created using the model ordinance language provided by CalRecycle; however, the model language includes provisions for determining the penalty amounts that would be challenging to apply such as determining the willfulness of the generator’s misconduct or figuring the economic benefit of the violation. The city’s approach is to determine the appropriate fee amounts then apply those amounts equally in the Citywide Fee Schedule that is publicly available.
Consequently, the language in this section is being removed. The provisions in the revised Citywide Fee Schedule, include a tiered fine of $100 for the first offense, $200 for the second offense and $500 for the third offense. In the Citywide Fee Schedule, seven 328 of 468
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citations/fines are being eliminated while fourteen citations/fines are being added that are consistent with SB 1383 and are intended to promote the safe, sanitary, and proper storage of materials.
Other modifications
Clean-up language is also recommended for the following:
•Clarification on term definitions
•Alignment of timeline for storing organic waste from one month to fifteen days consistent with Los Angeles County health regulations (8.44.030) •Clarification on managing dead animals (8.44.060)
•Consistent use of language related to property owners and generators (8.44.070, .081, .094, 8.56.170, and .180)
•Consistent use of language related to containers and material streams (green material versus organics)
•Clarification on billing protocols for residential and commercial generators (8.44.111 and .112)
•Elimination of redundant or unnecessary language
STAKEHOLDERS/OUTREACH
Under SB 1383, the city must have an enforcement program in place effective January 1, 2024. The primary area where non-compliance is anticipated in the area of source- separation of organics and recyclables. Until now, all outreach to commercial and residential generators focused on voluntary compliance. The language proposed in the Citywide Fee schedule allows for fines to be established for cases where a generator demonstrates chronic defiance to the source-separation requirements. Enforcement is intended to reduce contamination in recycling and organics loads that can potentially spoil properly source-separated material when combined in a refuse truck hopper.
In the franchise agreements, haulers were permitted to assess a contamination fee for customers who do not follow the source separation requirements during 2021-2022.
However, haulers did not assess any contamination fees and focused on on-boarding customers to the new requirements. In anticipation of the SB 1383 2024 enforcement requirement, some haulers are now beginning to assess contamination fees – again for cases where their customer demonstrates chronic defiance of the source-separation requirements. The assessment of these fees is between the hauler and their customer; however, the hauler is required to report quarterly to the city on the fees collected for this purpose.
Should the matter not be resolved between the hauler and the customer, the hauler has an option to submit a request to the city for enforcement. The areas of enforcement are limited to those which are part of the amendment to the Citywide Fee Schedule.
Regarding self-hauling of refuse, there have been no reported issues since the adoption of the 2021 SB 1383 and franchise system ordinances. At this point, this code change is offered to provide consistency in language and prevent the possibility of future issues.
Consequently, no outreach is anticipated as being necessary on this issue. 329 of 468
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FISCAL IMPACT
There is no fiscal impact associated with this report. Future revenue could be realized from the proposed fee changes and code enforcement activities. However, additional work is needed to establish actual enforcement protocols for this ordinance and staff does not anticipate assessing any citations or fines in FY 2023-24.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (“CEQA”) because no possibility exists that the activity in question may have a significant effect on the environment (14 Cal.
Code Regs. (“CEQA Guidelines”) Section 15061(b)(3)), and because it qualifies under the following categorical exemptions: 1) Inspections (Class 9, Section 15309 of CEQA Guidelines) and 2) Enforcement Actions by Regulatory Agencies (Class 21, Section 15309 of CEQA Guidelines).
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Elect to not approve any ordinances amendment portions of the GMC and changes to the Citywide Fee Schedule. Discrepancies and outdates requirements in the existing code will continue and enforcement will be delayed.
Alternative 2: Consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Yazdan T. Emrani, P.E., Director of Public Works
Prepared by:
Etienne Ozorak, Integrated Waste Superintendent
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
None
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1 ORDINANCE NO. ____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE AMENDING CHAPTERS 8.44 AND 8.56 OF THE GLENDALE MUNICIPAL CODE, 1995, UPDATING STANDARDS FOR SOLID WASTE AND RECYCLING COLLECTION.
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., requires cities to reduce, reuse, and recycle (including composting) solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 of the Public Resources Code places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of olid waste to arrange for recycling services and requires cities to implement a Mandatory Commercial Recycling program.
WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, requires businesses and Multi-Family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane, and that the regulations place requirements on multiple entities including Cities, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollution Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.) has declared that it is in the public Interest to authorize and require cities to make adequate provisions for Solid Waste Collection within their jurisdiction; and
WHEREAS, Public Resources Code Section 40059 authorizes the cities to determine all aspects of solid waste handling which are of local concern, including, but 331 of 468
2 not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling service; and
WHEREAS, the City Council has adopted Ordinance No. 5970 adding Section
8.56.170 among others to the Glendale Municipal Code, 1995, authorizing the City to award contracts for solid waste collection services for commercial establishments and multifamily dwellings of five units or more, through an exclusive franchise agreement authorizing and obligating the holder to provide collection services within a franchise zone; and
WHEREAS, requirements in this ordinance are consistent with other adopted goals and policies of the City of Glendale including the City's Zero Waste Plan approved in 2011; and
WHEREAS, the City Council has considered the report dated January 9, 2024, along with the proposed amendments to Chapters 8.44 and 8.56 and by this ordinance amends Title 8 of the Glendale Municipal Code, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. The above recitals are true and correct.
SECTION 2. Chapter 8.44 of the Glendale Municipal Code, 1995 is amended to read as follows:
8.44.010 Definitions.
The following words and phrases, shall, for the purpose of this chapter have the meanings respectively ascribed to them in this section unless otherwise noted:
“AB 939 Fee” means the fee collected by the city from solid waste service providers used to recover the costs of preparing, adopting and implementing the city’s integrated waste management plan developed pursuant to the state of California’s Integrated Waste Management Act of 1989 (AB 939).
“Automated collection program” means the city’s automated refuse, recycling, and/or organics collection program provided exclusively by the city. “Automated container” or “automated cart” means a specially designed container capable of holding no more than one hundred (100) gallons, which is typically emptied by an automated side-loading collection vehicle. obtained exclusively through the city by those participating in the automated collection programs. “Automated materials collection” means the collection of refuse, organics, and/or recyclable materials by means of an automated collection truck servicing containers 332 of 468
3 obtained exclusively through the city and set out for collection in a prescribed manner. “Blue container” means a container where either the lid or the body of the container is blue in color. Blue container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of only Source-Separated Recyclable Materials.
“Bulky items” means solid waste that cannot or would not typically be accommodated within a bin or cart because of its size or shape, including specifically:
furniture (including chairs, sofas, mattresses, and rugs) and appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “white goods”).
Bulky items do not include car bodies, auto parts, tires, construction and demolition Debris, or items requiring more than two persons to remove.“Bulky items” means solid waste that cannot or would not typically be accommodated within a cart because of its size or shape, including specifically furniture (including chairs, sofas, mattresses, and rugs) and appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “white goods”).
“Business,” “commercial business” or “commercial” means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling with five (5) or more units, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this code.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR)
“CalRecycle” means California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.
“Commercial edible food generator” includes a tier one or a tier two commercial edible food generator as shall have the same meaning as defined in Public Resources Code 14 CCR § 18982(a)(73) and (a)(74) that may be amended from time to time. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators.
“Commercial waste hauler” means any person or solid waste service provider who loads, collects, hauls, or transports commercial solid waste, that was generated by another person or its employees or subcontractors in the course of providing its principal service, or manufacturing or constructing or assembling its major product; by 333 of 468
4 use of any means, including, but not limited to, a dumpster truck, a side-load, front-load, or rear-load garbage truck, or a trailer, or a compactor. “Compliance review” means a review of private property records by the city to determine compliance with this code.
“Director of public works” means the director of public works or authorized representative.
“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this code or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this code or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
“Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the city, or its designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentration of waste of a type and amount normally found in single-family or multi-family municipal solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Food” shall have the same meaning as in Health and Safety Code Section 113781 as may be amended from time to time.
“Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed or as otherwise defined in 14 CCR Section 18982(a)(24) as may be amended from time to time. or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities and shall have the same meaning as defined in Public Resources Code 14 CCR Section 18982(a)(25) as may be amended from time to time.or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
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5 1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this code and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this code.
“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this code and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food scraps excludes fats, oils, and grease when such materials are source-separated from other food scraps.
“Food waste” means food scraps, food-soiled paper, and compostable plastics. “Franchised Hauler” or “Franchisee” means the sole authorized hauler with exclusive right and privilege to provide Solid Waste Collection services within a pre- determined Zone of the City granted by City to Contractor pursuant to the City’s authority under Article 11, Section 7 of the State of California Constitution and Section 40059 of the Public Resources Code.
“Generator” means a person or entity that is responsible for the initial creation of waste, or as otherwise defined in 14 CCR Section 18982(a)(48). “Gray container” means a container where either the lid or the body of the container is gray in color. Gray container has the same meaning as in 14 CCR Section 18982.2(a)(28) as may be amended from time to time, and shall be used for the purpose of storage and collection of Refuse.
“Gray container waste” means solid waste that is collected in a gray container that is part of a three (3) container organic waste collection service that prohibits the 335 of 468
6 placement of organic waste in the gray container as specified in 14 CCR Section 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). “Green container” means a container where either the lid or the body of the container is green in color. Green container has the same meaning as defined in 14 CCR 18982.2(a)(29) as may be amended from time to time, and shall be used for the storage and collection of source-separated green organic waste. “Green waste” or “green material” means any plant material except food material, or as otherwise defined in 14 CCR Section 17852(a)(21). “Gross receipts” means total payment received by solid waste service providers and certified mixed waste processors for the provision of solid waste services, including, but not limited to, receipts for service, container rentals, disposal fees, processing charges and any pass-through fees collected pursuant to AB 939 or as determined by any franchised hauler agreement. Gross receipts do not include proceeds from the sale of recyclable materials to materials brokers, dealers, end users, or a combination thereof.
“Hazardous Waste” means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. ‘Hazardous Waste’ includes all substances defined as Hazardous Waste, Acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117; as well as Section 40141 of the Public Resources Code, Division 30, Part 1, Chapter, and as these may be subsequently defined; or in the future amendments to or recodifications of such statutes, or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated there under. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term “Hazardous Waste” shall be construed to have the broader, more encompassing definition. “Hazardous waste” means hazardous waste as defined as hazardous by Section 40141 of the Public Resources Code, Division 30, Part 1, Chapter 2, and as that section may be subsequently amended.
“Inert debris” means non-putrescible solid material which includes, without limitation, soil, rock, gravel, concrete, asphalt, brick, ceramics, and similar material that does not contain hazardous waste, radioactive waste, medical waste, soluble pollutants, or decomposable matter.
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7 “Large event” has the same meaning as defined in Section18982(a)(38) of the California Public Resources Code as may be amended from time to time means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this code. “Large venue” means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this code and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this code and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this code.
“Medical waste” means waste materials regulated pursuant to the Medical Waste Management Act, Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code as may be amended from time to time.and as that section may be subsequently amended.
“Multi-family residential dwelling” or “multi-family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities., which are considered commercial businesses.
“Organics” and “organic material” means solid organic wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18882(a)(46).
Biosolids and digestate are as defined by 14 CCR Section 18982(a). “Organic waste” means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or 337 of 468
8 as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are defined by 14 CCR Section 18982(a).
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of organic waste 14 CCR Section 18982(a)(48) as may be amended from time to time.
“Person” means an individual, association, firm, limited liability company, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever.
“Place of business” means the situs of any commercial, industrial, or private nonprofit enterprise, whether operating as a sole proprietorship, partnership, limited liability company, corporation, or otherwise, including, without limitation, any retail or wholesale outlet, hotel or motel, restaurant, market, hospital or other health care facility, or private school, church or club. With the exception of tenants of residential multi-family properties, each tenant of a commercial building is a separate place of business. “Prohibited container contaminants” means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source-separated recyclable materials for the city’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source-separated green container organic waste for the city’s green container; (3) discarded materials placed in the gray container that are acceptable source-separated recyclable materials and or source- separated green container organic wastes to be placed in the city’s green container and or blue container; and excluded waste placed in any container. “Recyclable material” and “recyclables” means non-putrescible and non- hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). “Refuse” means discarded waste or garbage that may be mixed with or contain nonorganic material, or processed industrial materials. The term is used interchangeably with gray container waste. ‘Refuse’ does not include any construction and demolition debris generated from applicable projects as defined in Chapter 8.58 of this title.
“Residential property” means of, from, or pertaining to a single-family home or properties with two to four units who receive collection services directly from the city. “Route review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
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9 “SB 1383” means Senate Bill 1383 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 29730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. “Self-hauler” means a person, who hauls refuse,recyclables or organic material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). ‘Backhaul’ means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid waste” or “Municipal Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes., with the exception that solid waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste, as defined in the Medical Waste Management Act, Part 14, commencing with Section 117600 of Division 104 of the Health and Safety Code and as that section may be subsequently amended.
“Source-separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the code, source-separated shall include separation of materials by the generator, property owner, property owner’s employee, property 339 of 468
10 manager, or property manager’s employee into different containers for the purpose of collection such that source-separated materials are separated from gray container waste/mixed waste or other solid waste for the purposes of collection and processing. “Tier one commercial edible food generator” means a commercial edible food generator that is one (1) of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this code.
“Tier two commercial edible food generator” means a commercial edible food generator that is one (1) of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site food facility and two hundred (200) or more rooms.
3. Health facility with an on-site food facility and one hundred (100) or more beds.
4. Large venue.
5. Large event.
6. A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(73) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this code.
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11 “Universal waste” means household electronics and equipment that may be considered hazardous upon disposal, or as otherwise defined in the California Code of Regulations (CCR) at Title 22 Social Security Division 4.5, Environmental Health Standards for the Management of Hazardous Waste, and as that section may be subsequently amended.
8.44.020 Safe and sanitary storage.
The primary responsibility for proper handling of solid waste generated or accumulated on any premises shall be on the generator of the solid waste. Should the generator refuse, neglect or fail to provide for the proper handling of solid waste in accordance with this chapter, the owner of the premises within or upon which the solid waste had been generated or accumulated shall provide for proper handling of the solid waste in accordance with the provisions of this chapter.
No person shall dump, deposit, place, burn or bury in or upon any lot, public space, or in water or waterway, any refuse, green material organics, recyclable material, deleterious or offensive substances. This section shall not apply to any land used by the city as a disposal or reclamation site.
8.44.030 Accumulation of material.
Premises will be kept in a clean and sanitary condition, and any refuse shall not be permitted to accumulate on premises for a period in excess of one (1) calendar week, except as provided for in Section 8.44.040. Green material Organics or other recyclable material shall not be permitted to accumulate on premises for a period of more than fifteen (15) days; excess of one (1) calendar month; provided, however, that this provision shall not be construed to interfere with any person keeping building materials upon premises during the construction, reconstruction or repair of a building or structure thereon under a current valid building permit, keeping of wood neatly piled upon such premises for household use, nor managing a backyard composting area that is properly maintained.
8.44.040 Minimum collection schedules.
To prevent propagation of nuisances, refuse, recyclables, and organic material shall not be allowed to remain on the premises for more than the period allowed by Section 8.44.030, except when:
A. Disruptions occur due to strike; or
B. Severe weather conditions or “Acts of God” make collection impossible using normal collection equipment; or
C. Official holidays interrupt the normal seven (7) day collection cycle in which case collection may be postponed until the next working day; or 341 of 468
12 D. Where deemed necessary by the director of public works that more frequent removal of refuse shall be required for the protection of public health.
8.44.050 Ownership of materials.
Title to materials becomes the property of the collector once placed in the collection containers and placed at an area for servicing by the collector. Title to any prohibited material placed in collection containers shall remain with the generator unless expressly accepted by the collector. All ownership and the rights to recyclable material shall be vested to the collector once such recyclables have been placed in the designated collection container by the resident or commercial entity. All ownership and title rights to recyclable materials shall be transferred to the authorized collector at the time the collector removes the material from the designated collection location. Scavenging is prohibited in the city.
8.44.060 Prohibited material.
A. No person shall place or deposit in any refuse, recyclable material, or organics material container for collection pursuant to this chapter, excluded wastes, hypodermic needles, medicines, pills, medical waste, rocks, electronic waste; human waste and other potentially infectious material, poisons, caustic acids, motor oils, liquids of any kind, explosives, asbestos; or similar dangerous substances, or hazardous waste as defined in Public Resources Code Section 40141, or low level radioactive waste regulated under Chapter 7.6 of Division 20 of the Health and Safety Code, or medical waste regulated under Chapter 6.1 of Division 20 of the Health and Safety Code.
B. Under no circumstances shall clothing, bedding, or other articles from any home or place where any infectious or contagious disease has prevailed be deposited in such container. The owner or occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the city and shall dispose of articles which are or might be affected in accordance with directions.
C. No person shall place the body of any dead animal in any street or park or in any gray container, green container or blue container. The bodies of any dead animals shall be promptly removed as directed by the appropriate local agency. the health officer of the city. In case the owner of such dead animal is known and removal is accomplished by the city, said owner shall pay the cost of removal of such animal. The city manager shall fix the charges to be paid for the removal of dead animals.
D. No person shall place in the city residential collection service container any item which is too large or heavy to be included for regular solid waste collection.
8.44.070 Bulky items and universal waste.
Upon a residential occupant’s advance notice to the city, rResidential property customers shall be allowed to place waste which by reason of its character cannot 342 of 468
13 practically be placed in such receptacles, including bulky items and universal waste, upon advance notice to the City.
The city shall receive requests for and provide for the collection of certain bulky items and universal waste from residential property customers of the city who shall request such service. Items unacceptable for bulky item collections include car bodies, auto parts, tires, construction and demolition debris, or items requiring at least three (3) persons to remove. No bulky items or universal waste shall be collected from private property. All bulky items and universal waste shall be placed at and atop the curb, and not in the street or alley, and should be a minimum of five (5) feet away from any fixed object or parked vehicle.
8.44.080 Collection requirements—All generators.
A. Waste generators shall source-separate their waste into recyclables, organics, and refuse. Generators shall place source-separated yard trimmings and organic waste, including food scraps, in the green container; source-separated recyclable materials in the blue container; and refuse in the gray container. The city may determine that streams can be combined in the event that the city or a city-permitted hauler is able to collect materials as a single steam for delivery to a state-certified high-diversion organic waste processing facility.
B. No generator may mix recyclables, organics or refuse, or deposit one type in a collection container designated for another type, except as provided for in this chapter.
Generators shall not place prohibited container contaminants in the green, blue or gray containers.
C. Residential waste generators shall subscribe to the city’s gray container, blue container and green container collection services for all waste generated. Commercial waste generators shall subscribe to gray container, blue container and green container services provided by the designated commercial franchised hauler. commercial hauler holding a valid city permit for this purpose Generators may additionally manage their waste by preventing or reducing waste, managing organic waste on site, self-hauling organics or recyclables, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
D. It shall be the responsibility of the generator whose solid waste was not removed because it contained recyclables or organics to properly separate materials from the uncollected refuse for proper recycling. Allowing such unseparated solid waste to accumulate as per Section 8.44.030 will be considered a violation of this code.
E. The generator is responsible for ensuring that materials are confined in the collection container in a way that would prevent spillage on streets.
8.44.081 Collection requirements—Single-family Residential property generators. 343 of 468
14 A. On the collection day designated by the city, occupants of those places or premises participating in the city’s automated refuse collection programs shall place the automated containers along the street curb in front of the premises, or along the alley in the rear thereof depending upon whether the prescribed collection route is along the street or alley. Automated containers shall be placed at the edge of the curb on either side of the driveway in front of the premises at a minimum of three (3) feet from any parked car and at a minimum of one (1) foot between each automated cart. Such containers shall be placed so that the embossed arrow on the lid faces the street.
B. No person shall place any container in any public highway, street, or alley at any place other than on the collection day established by the city on the particular route.
No container shall be placed for collection before 3:00 p.m. on the day immediately prior to the scheduled collection day. No person shall permit the containers to remain on or immediately adjacent to a street or alley after 8:00 p.m. of the collection day.
8.44.082 Collection requirements—Commercial generators.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
A. Subscribe to and pay for collection services for all waste generated.
Businesses and multi-family residential dwellings that generate more than two (2) cubic yards per week must subscribe to collection services for recyclable and organic material from the designated franchise hauler. Owners of such properties are responsible for any failure to subscribe to or pay for sufficient levels of collection service. Nothing in this section shall preclude a generator from self-hauling recyclable or organic material generated at the property to a recycling facility or composting site as long as the business holds a properly executed exemption from the city.
B. Provide an accessible location for sufficient levels of service with collector(s) for refuse, recyclables, and organics, except as provided for in this code.
C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, and tenants, consistent with the city’s collection service requirements or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program.
The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate the adequacy of capacity provided for. each type of collection service for proper separation and containment of materials, and businesses shall adjust their service level for their collection services as requested by the city.
D. Excluding multi-family residential dwellings, provide for the collection of source-separated recyclable and organic materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type 344 of 468
15 of container, then the business does not have to provide that particular container in all areas where refuse disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the businesses shall have either:
1. A body or lid that conforms with the container colors specified in Section 8.44.080. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life for those containers, or prior to January 1, 2036, whichever comes first. Multi-family residential dwellings are not required to comply with this requirement.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. Multi-family residential dwellings are not required to comply with this requirement.
E. Participate in collection service(s) by placing designated materials in designated containers.
F. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.44.083.
G. To the extent practicable through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the franchised hauler’s city’s blue container, green container, and gray container collection service requirements or, if self-hauling recyclables or organics material, per the commercial businesses’ instructions to support its compliance with its self-haul program.
H. Excluding multi-family residential dwellings, periodically inspect blue, green, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
I. Annually provide information to employees, contractors, tenants, and customers about waste diversion requirements and about proper sorting of source- separated green container organic waste and source-separated blue container recyclable materials.
J. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source- separated green container organic waste and source-separated blue container 345 of 468
16 recyclable materials separate from gray container waste and the location of containers and the rules governing their use at each property.
K. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
L. If the collection service is provided by a permitted hauler who collects material as a single stream and delivers material to a high diversion facility, all materials may be placed in a gray container.
M. If a commercial business wants to self-haul recyclable or organics material, generators must meet the self-haul requirements of this chapter.
N. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
8.44.083 Requirements for commercial edible food generators.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food service providers as defined by Section 113789 of the Health and Safety Code operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
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17 4. Allow the city’s designated enforcement agent or designated third party enforcement agent to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
D. Nothing in this code shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Article 13 [commencing with Section 49580], to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.44.084 Requirements for food recovery organizations and services.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
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18 2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization to which the food recovery service transports edible food.
B. Food recovery organization is collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one (1) or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to
14. CCR Section 18991.3(b).
8.44.085 Food recovery capacity planning.
Food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the city.
8.44.086 Collection service requirements at commercial special events.
For a community special event requiring a commercial special event permit from the city, the permit holder shall provide recycling receptacles throughout the event venue. The number of recycling receptacles shall equal the number of solid waste receptacles, placed next to each other, and be clearly marked to identify recyclables 348 of 468
19 and organics to insure proper recycling. For events with a collection service provided by a single-stream hauler, outreach materials must provide information to that effect. The responsible permit holder shall ensure the delivery of materials to a recycling center or a certified high-diversion material processing facility, and shall not be delivered to a landfill for disposal.
8.44.090 Receptacles—General requirements.
A. Except as provided in subsection B of this section, every person having charge or control of any place or premises in the city where gray container waste, blue container materials and green container materials accumulates shall place and keep the same in a receptacle of the type or kind prescribed by the director of public works; provided, that where such solid waste is of such character that it is impractical to place it in such receptacles, as determined by the director of public works, such solid waste need not be placed therein. Persons having charge or control of such receptacles shall keep them free from all rough or jagged surfaces which would be likely to cause injury to persons lifting them.
B. Occupants of those places or premises that are included in the City’s automated refuse collection program shall place and keep all gray container waste, blue container material and green container material accumulating on such premises only in the designated collection containers obtained for city services for use in the automated collection programs. Such automated containers shall remain at all times the property of the city. At no time and under no circumstances shall automated container(s) be moved or removed from the place or premises to which they were assigned. Such automated containers will be repaired and maintained by the city at no additional cost provided the damage is not due to customer abuse or negligence. Automated containers that are stolen will be replaced at no cost.
C. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containments of materials; and generators shall adjust service levels for its collection services as requested by the city.
8.44.091 Receptacles—Dimensions.
A. Except as otherwise provided in this chapter, for participants in the automated refuse collection program, the receptacles in which refuse shall be placed and kept for collection by the city or by private collectors, shall be sturdy, of durable metal or plastic, tapered, and with tight-fitting lids or disposable paper or plastic bags manufactured for the purpose of keeping refuse as defined in Section 8.44.010. Each receptacle shall be of the type which does not permit the contents thereof to sift or pass through any openings therein. Each receptacle shall have a tight-fitting lid which secures to the receptacle in such a manner as to prevent as best as practicable the entry therein by coyotes, dogs, cats, rodents or other animals. Size or weight limitations do not apply to metal bins that are to be handled by mechanical means.
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20 B. Occupants of those places or premises included in the City’s automated collection program shall use only the approved automated refuse containers for such programs to be obtained exclusively through the city.
8.44.092 Receptacles—Name of businesses printed legibly.
Except as otherwise provided in this chapter for participants in the automated refuse collection program, each receptacle used by a place of business shall have the namestreet number of the business paintedmarked clearly and legibly upon the receptacle’s outer surface in letters at least two (2) inches in height.
8.44.093 Receptacles—Commercial and industrial.
Every waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals, not less than two (2) inches in height, such waste collector’s name or firm name and telephone number.
8.44.094 Receptacles—Separate units required.
A. Except as otherwise provided in this chapter, Each residential property, each place of business and each multi-family residential dwelling or apartment house accumulating or producing refuse shall provide its own receptacle or receptacles or shall use the receptacles furnished by the city or the city’s designated franchised hauler as provided in this chapter for keeping, depositing or accumulating refuse originating on the premises.
B. No receptacle common to two (2) or more such places shall be set out for collection by the city unless and until a permit therefor has been issued by the division of public works of the city.
B. No person shall cause to be deposited or shall deposit any refuse in any receptacle of a place of business or multiple dwelling or apartment house with which such person is not directly connected.
8.44.095 Receptacles—Cleaning.
It shall be the responsibility of the generator to ensure that all refuse bins and containers are kept thoroughly cleaned and all grease and adherent materials removed on a regular basis to control odor, residual debris and contaminants.
8.44.096 Receptacles—Maintenance of receptacle area.
Every owner, tenant, occupant or person owning or having the care of any premises shall keep his or her premises in a clean and sanitary condition, and no 350 of 468
21 person shall permit any sewage effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animals, rubbish, cans, wastepaper, filth of any kind or any other substance that may become offensive, to be deposited or remain in or upon any premises owned or occupied by him or her or under his or her control, except as otherwise provided by law.
8.44.100 Fees—Liability—Billing.
The council finds that the periodic collection of refuse from all places in the city benefits all occupants of places and premises in the city and, therefore, all such persons occupants are made liable for the refuse collection fees prescribed by this chapter. In the case of premises serviced by the City’s collection service containing more than one (1) dwelling unit or place of business or both, which are served by a single electric meter, such fees may be billed to the landlord who shall collect such fees levied against the occupants of the dwelling units or places of business located on such premises and shall transmit the amount so collected to the city. In the event the landlord fails to collect such fees from any such occupant and remit the same to the city the landlord shall be liable to the city for payment of such fees.
8.44.110 Collection charges—Established by council.
All charges for refuse collection shall be established or modified by resolution of the city council. The schedule of fees shall remain on file and be available in the office of the City Clerk director of public works. The director of public works shall, with the approval of the city manager, recommend changes in the above fees when the cost of refuse collection makes it appropriate.
8.44.111 Collection charges—Payment.
A Payments for regular collection services provided by the City shall be payable to the City. Payments for collection services provided by a City-designated franchised hauler shall be payable directly to that franchised hauler. Payment by landlord or occupants of places of business for weekly collection in excess of ten (10) cubic feet per week shall be made monthly in advance to the city on the first day of the month.
B. Special service charges for other than regular collections shall be payable to the city’s duly authorized representative upon presentation of a bill for such services.
8.44.112 Collection charges—Advance payment—Refund.
Minimum fees paid in advance for city-provided services may be refunded upon the approval of the director of public works for any calendar month or major fraction thereof during which the applicant for refund was not an occupant or in legal possession of the premises for which the fee was paid. Fees paid in advance for extra services to places of business may be refunded tor any full calendar month after the city has received written notice to discontinue the extra service for which fees have been paid in advance; 351 of 468
22 provided, that the minimum fee prescribed by this chapter shall be withheld by the city unless the applicant for refund is also entitled to a refund of the minimum fee as provided in this chapter. Application for refund shall be filed with the director of public works within six (6) months after expiration of the calendar month for which the refund is sought and shall be made upon forms prescribed by the director of public works.
8.44.120 Fee—Debt against occupant.
A fee imposed by this chapter shall be a civil debt owing to the city from the occupant persons of the property receiving the service.
8.44.130 Collection—Authority.
The director of public works shall supervise the collection and removal of all refuse, recyclable material, and organics in the city.
A. Commercial Waste Hauler Collection Services. The director of public works shall have the authority to promulgate rules and regulations concerning the collection and management of materials by commercial franchised haulers operating within the city.
B. The director of public works may make such rules not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the expeditious, economical and efficient collection and removal of refuse, recyclable material, and organics within the city.
8.44.131 Collection—Limitation on quantity.
A. Service levels and frequency for commercial collection services shall be determined by the generator in consultation with the City’s franchised hauler. All material must be contained in the bin or cart provided by the City’s franchised hauler.
Except for participants in the automated refuse collection program, no person in charge of any place of business, which is paying only the minimum charge for collection of refuse, shall set out or cause to be set out for collection during any one (1) week more than ten (10) cubic feet of refuse. If collection of additional quantities of refuse is desired application shall first be made for additional service to the City’s franchised hauler.
B. No person in charge of any place of business included in the automated refuse collection program, which is paying only the minimum charge for collection of refuse, shall set out for collection during any one (1) week more than one (1) one hundred (100) gallon automated container of refuse. Placement of container must receive prior approval of the director of public works. The person in charge of the place of business is responsible for the care and cleanliness of the container. The container remains the property of the franchised hauler providing the collection service city.
8.44.140 Backyard composting and management of organics. 352 of 468
23 Residents shall be allowed to compost organic waste in their backyards, or at city- designated regional gardens where compostable organics are managed. Residents who participate in backyard composting must maintain their composting area in accordance with acceptable standards and regulations set forth by the city and the Los Angeles County health department. Materials allowed for composting in backyards include all garden waste, food waste with the exception of diseased or insect infested plants, animal wastes or meat and dairy wastes. All composting areas must be maintained to minimize the potential for odors and rodents. Moisture should be regulated to eliminate any standing waste near or around the composting area. Nothing shall preclude a resident to allow the removal of green material from the property by a landscaper.
8.44.150 Self-hauler requirements.
Nothing in this chapter shall limit the right of any person or business to donate, sell, or transport recyclable or organic material that they generate to a facility that holds all applicable permits provided that any such activity is in accordance with the provisions of this chapter. The ownership of recyclable materials is considered the property of the generator, until the material is placed in the authorized collector’s container.
A. Self-haulers shall source-separate all recyclable materials and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
B. Self-haulers shall haul their source-separated recyclable materials to a facility that recovers those materials; and haul their source-separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source-separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
C. Self-haulers that are commercial businesses (including multi-family residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
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24 D. Self-haulers that are commercial businesses (including multi-family self- haulers) must register with the city, and shall provide information collected in subsection C to the city.
E. A residential organic waste generator that self-hauls organic waste is not required to record or report this information.
8.44.160 Waivers for generators.
A. De Minimis Waiver. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below, commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
a. The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a green container comprises less than twenty (20) gallons per week per applicable container of the business’ total waste; or
b. The commercial business’ total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a green container comprises less than ten (10) gallons per week per applicable container of the business’ total waste.
2. Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
3. Provide written verification of eligibility for de minimis waiver every five (5) years, if the city has approved a de minimis waiver.
B. Physical Space Waiver. The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
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25 2. Provide documentation that the premises lack adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has an approved application for a physical space waiver.
C. Review and Approval of Waivers by City. An application for a waiver shall be submitted to the city on a form prescribed by the city. After reviewing the request, the city shall either approve or disapprove the waiver request. Only the city has authority to issue a waiver and this authority cannot be delegated to a private entity pursuant to SB 1383 regulations.
A business subscribed to a single-stream collection service provided by its hauler is not considered exempt from the diversion requirement since the material diversion service is being provided by the hauler.
8.44.165 Diversion requirements for haulers and facility operators.
A. Haulers providing commercial or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
1. Through written notice to the city annually on or before July 1, 2021, identify the facilities to which they will transport organic waste including facilities for source- separated recyclable materials, source-separated organic waste, and mixed waste.
2. Transport source-separated recyclable materials, source-separated organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
3. Obtain approval from the city to haul organic waste, unless it is transporting source-separated organic waste to a community composting site or lawfully transporting construction and demolition materials in a manner that complies with 14 CCR Section 18989.1, Section 8.44.070 of this chapter, and Glendale Municipal Code Chapter 8.58.
4. Haulers with authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the city.
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26 1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly- owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.
2. Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty (60) days.
8.44.170 Inspections and investigations by city.
A. City representatives and/or designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, disposal facility for materials collected from generators, or source-separated materials to confirm compliance with this code by organic waste generators, commercial businesses, multi-family residential dwellings, property owners, commercial edible food generators, commercial waste haulers, self- haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city or its designee to enter the interior of a private residential property for inspection.
B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city’s employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this code and may result in penalties described.
C. Any records obtained by the city during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City representatives and/or designees are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
8.44.180 Enforcement.
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27 A. Violation of any provision of this chapter shall constitute grounds for administrative citation under Chapter 1.24 of this code, subject to all procedures of that section, except as otherwise indicated in this chapter. The director of public works or their designee shall have and exercise the power:
1. To issue notices of violation in accordance with the provisions of this chapter.
2. To issue administrative citations for the violation of any of the provisions of this chapter.
3. To conduct inspections and investigations according to the provisions of this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
C. Process for Enforcement.
1. The director of public works or a designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program.
2. The city may issue an official notification to notify regulated entities of its obligations under this chapter. Notices will be sent to “owner” at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
3. For incidences of prohibited container contaminants found in containers, the city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container contaminants or within three (3) days after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than three (3) consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.
4. With the exception of violations of generator contamination of container contents addressed under subsection (C)(3), the city shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice. 357 of 468
28 5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city’s administrative citation procedure contained in Chapter 1.24.
D. Penalty Amounts for Types of Violations. Penalty amounts for a first, second, and third violation of provisions of this chapter shall be established or modified by resolution of the city council.
E. Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
1. The nature, circumstances, and severity of the violation(s).
2. The violator’s ability to pay.
3. The willfulness of the violator’s misconduct.
4. Whether the violator took measures to avoid or mitigate violations of this chapter.
5. Evidence of any economic benefit resulting from the violation(s).
6. The deterrent effect of the penalty on the violator.
7. Whether the violation(s) were due to conditions outside the control of the violator.
EF. Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with subsection A if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
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29 FG. Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, the city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that organic waste generator, self-hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
GH. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
SECTION 3. Chapter 8.56 of the Glendale Municipal Code, 1995 is amended to read as follows: The council of the city finds and declares as follows:
8.56.010 Findings
A. The city presently owns approximately three hundred forty-five (345) acres of land, known as Scholl Canyon landfill, situated in the city, which is currently used for the disposal of solid waste generated within the city and in surrounding jurisdictions.
B. Over the past ten (10) years, an average of six hundred thousand (600,000) tons of solid waste has been deposited annually in the Scholl Canyon landfill.
C. It is anticipated that the remaining landfill space at Scholl Canyon would be exhausted at or near the year 2008.
D. A unified city policy should be formulated to ensure the prolonged life of the landfill space at Scholl Canyon.
E. The use of Scholl Canyon landfill by surrounding jurisdictions creates a benefit for such jurisdictions who are able to utilize the landfill without the burdens the owner/operator must bear.
F. As a result of having a landfill within its borders, the city faces liability risks under RCRA and CERCLA as well as additional regulatory requirements under both state and federal law which regulatory requirements do not apply to nonowner/operators of landfills. Pursuant to such additional regulatory burdens, the city faces increased liability exposure, which exposure cannot be reasonably ameliorated through insurance or other means.
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30 G. Given the aforementioned, it is in the best interests of the citizens of the city to not only manage the solid waste disposed of in Scholl Canyon so as to effectively and in an environmentally sound manner extend the useful life of the currently available landfill space at Scholl Canyon, but also to insure that appropriate funding is available to meet the regulatory requirements and liability exposure now and in the future.
H. It will be necessary for the city to acquire funds in order to pay for the costs associated with not only formulating effective materials reduction policies in developing methods for extending the use of the life of the landfill, but also to protect the city from any additional costs associated with further regulatory actions and/or liability exposure pursuant to state and/or federal law.
8.56.020 Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings set forth in this section. Reference is made to definitions set forth in Section 8.44.010 of this title which also apply to this chapter:
“Account holder” means any person or entity enumerated in Section 8.56.060(A) of this chapter who disposes or tenders for disposal any waste or refuse as set forth in said section, in the amount of two thousand (2,000) pounds or more at any one (1) time and who shall be required to establish and maintain an account with the operator of the Scholl Canyon landfill.
“Host fee” means and includes a levy of a special use fee which is equal to twenty- five (25) percent of the prevailing schedule of fees charged for the disposal of refuse or solid waste at the Scholl Canyon landfill.
“Prevailing schedule of fees” means the currently assessed fees imposed on all account holders of Scholl Canyon landfill.
8.56.030 Scholl Canyon landfill.
Whenever a qualified user disposes of solid waste or refuse at the Scholl Canyon landfill, such qualified user shall pay a host fee equal to a charge of twenty-five (25) percent in excess of the prevailing schedule of fees charged for the disposal of solid waste at Scholl Canyon landfill. There is specifically exempted from the imposition of this host fee all solid waste disposed of by collection vehicles owned and operated by the city.
8.56.060 Disposal of refuse prohibited.
A. No individual, partnership, committee, association, corporation, public agency, public entity or any other organization or group of persons, public or private, shall dispose or tender for disposal within the city, any refuse or waste which has its origin 360 of 468
31 within any city which either owns, operates, maintains or regulates a Class I or Class III nonrestricted sanitary landfill as defined by the State Water Resources Control Board, or is entitled to the use or possession of a Class I or Class III nonrestricted sanitary landfill site within its municipal limits. Furthermore, a wasteshed area is identified as the only geographical area and the communities within, permitted to use Scholl Canyon landfill for the disposal of acceptable wastes that originate within such area. The director of public works shall restrict or limit the use of Scholl Canyon landfill to any community in the defined wasteshed area which fails to undertake and implement waste reduction measures approved by the director of public works and aimed at limiting the amount of refuse deposited at Scholl Canyon landfill. The wasteshed area is specifically described as the Los Angeles County incorporated cities of Glendale, La Canada Flintridge, Pasadena, South Pasadena, San Marino and Sierra Madre; the Los Angeles County unincorporated communities known as Altadena, La Crescenta, Montrose; the unincorporated area bordered by the incorporated cities of San Gabriel, Rosemead, Temple City, Arcadia and Pasadena; and the unincorporated area immediately to the north of the city of San Marino bordered by the city of Pasadena on the west, north and east sides.
B. Every account holder shall complete, no less than once each calendar year, a city refuse disposal reporting form and submit such reporting form on or before the first day of March following the close of the calendar year to the office of the integrated waste management section. More frequent reporting or additional information may be required from time to time of account holders, if, at the discretion of the director of public works, it is deemed necessary for integrated waste planning purposes. All other persons or entities as defined in subsection A of this section, who are not account holders seeking to dispose or tender for disposal waste at the Scholl Canyon landfill, shall provide all necessary information for any surveys taken of users at the Scholl Canyon landfill if, in the discretion of the director of public works, it is deemed necessary for integrated waste planning purposes. Any person or entity, whether or not an account holder, attempting to dispose or tender for disposal any waste or refuse at the Scholl Canyon landfill who does not comply with the requirements of this section shall be prohibited from disposing or tendering for disposal such waste until the necessary information and reports are provided.
8.56.100 Permit—Exemptions.
A solid waste services permit shall not be required of scrap metal dealers, junk dealers, household cleanup service firms, and other companies that, in the ordinary course of performing their primary business function, incidentally transport solid waste.
However, if any such companies perform services for customers where their primary function is to collect and transport solid waste, then such companies are required to obtain a solid waste services permit for those customers. Solid waste services permits shall not be required of firms that primarily collect recyclable materials and are not paid by any customer in the city for that collection.
8.56.110 Effective date.
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32 The solid waste services permit will be required of solid waste services providers beginning July 1, 1993. The AB 939 fee will be based on gross receipts received for service provided on and after July 1, 1993.
8.56.130 Application and renewal of permits.
A. Application Information. New applications and renewal applications for solid waste services permits shall be made on forms provided by the director of public works, or the director’s designee. Beginning in 1994, renewal applications must be received each year by April 30th. Both new applications and renewal applications shall include the following information:
1. The name, address and phone number of the applicant. If the firm operates under more than one name, all names under which the firm will be operating in the city shall be listed;
2. A description of the types of solid waste services to be provided by the applicant (i.e., collection, recycling, roll-off);
3. A listing of all solid waste collection or recycling vehicles, by type, to be operated in the city;
4. The location where all vehicles will be kept;
5. A statement by the applicant that the applicant understands, and will comply with, the terms and conditions of this chapter;
6. Any other information the director of public works, or the director’s designee, may require.
B. Application Review. Upon receipt, the director of public works, or the director’s designee, shall review the application for conformity with the requirements of this chapter. In the case of applicants who have previously held a solid waste services permit, the director shall take into consideration the applicant’s prior performance in complying with the terms and conditions of this chapter in deciding whether or not to renew the permit. If the application, and the applicant’s prior performance, is determined to be in compliance with this chapter, the application shall be approved and the permit shall be issued. If the director decides not to approve the application and not issue the permit, the applicant shall be advised in writing of the grounds for the rejection. The applicant shall have the right to appeal any decision of the public works director by filing with the city manager within ten days of any decision a written appeal specifying the reasons for the appeal. The decision of the city manager on the appeal shall be final. 362 of 468
33 C. Changes in Application Information. All applicants and/or permittees shall provide prior notification to the public works director of any change in the information provided in the application.
8.56.140 Conditions of permit.
A. Reporting. All solid waste services permittees shall complete quarterly city solid waste services reporting forms for solid waste collected within the city and submit such reports within forty-five days following the end of each calendar quarter to the office of the integrated waste management section. For example, for the three months ending September 30th, the forms would be due on the following November 15th. Such city solid waste services reporting forms shall be completed with the best available data.
The forms shall be submitted for every calendar quarter, even if the permittee has no activity in Glendale during a particular period. Solid waste service providers who have not complied in the submission of the quarterly city solid waste reporting forms for solid waste collected in the city will be subject to the enforcement provisions of Section 8.56.160.
B. Fee Payment. All solid waste services permittees shall remit to the city an AB 939 fee pursuant to Section 8.56.150.
C. Maintain Adequate Records. All solid waste services permittees shall maintain records adequate to enable the city to verify the proper payment of fees and to monitor waste collection activities.
D. Access to Records and Confidentiality. All solid waste services permittees shall give the city, or the city’s representative, access to their company’s financial and operational records in order that the city may verify the proper payment of fees and accurate reporting of financial and waste tonnage information to the city. All such records will be left with the permittee unless the review reveals discrepancies that cannot be reconciled. In such instances, the case will be referred to the city attorney.
E. Indemnification. All solid waste permittees shall indemnify and hold harmless the city, and its officers and employees, from any and all losses, costs, damages and expenses of liability which may result from or arise out of granting the permit, including liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).
F. Compliance with All Laws. All solid waste services permittees must comply with all laws of the United States, the state of California, Los Angeles County and the city, and with all applicable federal, state, regional or local regulations, now in force and as they may be enacted, issued or amended during the term of the permit. 363 of 468
34 G. Records Retention. It shall be the duty of each current and former solid waste services permittee liable for collection and payment of AB 939 fees to the city to keep and preserve for a period of three years, all records as may be necessary to determine amounts of such fees, which records the city shall have the right to inspect at all reasonable times.
8.56.150 AB 939 fees.
A. Purpose and Regulatory Authority. Section 41901 of the California Public Resources Code authorizes a city or county to “impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan.” Section 41902 adds that “a local agency may directly collect the fees authorized by this chapter or may, by agreement, arrange for the fees to be collected by a solid waste hauler providing solid waste collection for the city or county.” B. Use of Fees. The fees collected under this program are to be used exclusively to pay the costs of preparing, adopting and implementing the city’s integrated waste management plans developed pursuant to the State of California Integrated Waste Management Act of 1989 (AB 939), including the administration of the AB 939 fee program.
C. Basis for Assessment. The fee will be calculated by conducting an analysis of the costs of implementation and management of solid waste and recycling, including outreach and education, city staffing and consulting needs and shall be included in each franchise agreement. The fee amount will be established and may be modified by resolution of the city council.
D. Payment Schedule. The fee will be paid quarterly and will be due forty-five (45) days following the end of each calendar quarter in which the gross receipts are received.
E. Late Fees. Payments received more than fifteen (15) days past the due date will be assessed a late charge equal to twenty-five (25) percent of the amount past due.
A monthly interest charge equal to the amount set by resolution for delinquent licenses required by Title 5 shall also be added to the unpaid balance at the end of each subsequent month that the fees remain unpaid.
F. Verification of Proper Payment. Verification of proper payment will be accomplished through periodic reviews of the permittee’s financial and operational information by the city, or the city’s representative.
G. The director of public works may establish shorter reporting periods for any solid waste services permittee if he or she deems it necessary in order to ensure 364 of 468
35 collection of AB 939 fees. Payments of AB 939 amounts are due to the city immediately upon cessation of business for any reason.
8.56.160 Enforcement.
A. Revocation of Permit. The director may revoke or suspend any permit if the permittee has violated a provision of this chapter or any other applicable law or regulation of any public agency. The failure of a permittee to pay the AB 939 fee on or before the due date shall constitute just cause for revocation of the solid waste services permit.
B. Fines. Any person, firm or corporation failing to file solid waste services reporting forms, failing to pay the AB 939 fee, or found operating in the city without a valid solid waste services permit shall be guilty of a misdemeanor subject to the penalties provided under Section 1.20.010 of this code. The city may avail itself of any other legal remedies not specifically delineated in this chapter.
C. Disposal Prohibition. Permittees who are more than fifteen (15) days late in filing any quarterly city solid waste services reporting forms or in paying any AB 939 fees for solid waste collected within the city, shall be prohibited from disposing of solid waste at the city’s Scholl Canyon landfill until all required city solid waste services reporting forms and AB 939 fees are submitted and paid. Any person, firm or corporation who is found to be operating without a solid waste services permit more than once in a twelve (12) month period shall be prohibited from disposing of solid waste at the city’s Scholl Canyon landfill for up to a one (1) year period.
8.56.170 Exclusive franchise for collection services.
A. The city may award contracts for solid waste collection services for commercial businesses establishments and multi-family dwellings, defined in this chapter as composed of five (5) or more units, through an exclusive franchise agreement authorizing and obligating the holder to provide collection services within a franchise zone.
B. A franchisee’s exclusive right to provide collection services shall not include the right to collect the following materials, the collection of which is not prohibited by this section:
1. Recyclables or organic materials removed from a commercial establishment or multi-family dwelling by a self-hauler;
2. Construction and demolition waste;
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36 3. Solid waste collected by the city.
4. Collection of temporary bin service and temporary roll-off service.
8.56.180 Unlawful activities.
A. Provision of Collection Services. Except as provided in Section 8.56.170(B) and Section 8.56.180(B), it is unlawful for any person to provide collection services to a commercial establishment or multifamily dwelling business within a franchise zone unless a written franchise agreement therefore has been executed between such person and the city, and such agreement is in full force and effect.
C. Temporary Services. No person shall provide temporary bin service or temporary roll-off service to a commercial establishment or multifamily dwelling business within a franchise zone unless that person holds a written franchise agreement for any zone in the city, and such agreement is in full force and effect.
8.56.190 Franchise zones.
The director of public works shall divide the territory within the city into four (4) franchise zones, the designation of which shall be subject to the approval of the city council and shall be established and adjusted by resolution of the city council.
8.56.200 Franchise agreement fees.
The director of public works shall include in each franchise agreement a negotiated annual franchise fee to be paid to the city by the respective franchisee. The franchise fee shall reflect a reasonable estimate of the value of the franchise and shall be established and adjusted as necessary by city council by resolution. Franchise fees will be conveyed to the city’s general fund.
8.56.210 Permit requirement for franchisees.
Nothing in Sections 8.56.170 through 8.56.200 relieves any franchisee from the requirement to obtain and maintain a permit pursuant to Sections 8.56.080 through 8.56.160 of this chapter or any other permit or license otherwise required by law for the provision of such services. 366 of 468
37 SECTION 4. Compliance with California Environmental Quality Act.
The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (“CEQA”) because no possibility exists that the activity in question may have a significant effect on the environment (14 Cal.
Code Regs. (“CEQA Guidelines”) Section 15061(b)(3)), and because it qualifies under the following categorical exemptions: 1) Inspections (Class 9, Section 15309 of CEQA Guidelines) and 2) Enforcement Actions by Regulatory Agencies (Class 21, Section 15309 of CEQA Guidelines).
SECTION 5. Severability.
This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of the Ordinance without the invalid or unconstitutional provision.
SECTION 6. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
Adopted by the Council of the City of Glendale on the _______ day of ________, 2024. ______________________________
Mayor
ATTEST:
___________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF GLENDALE )
I, _____________________________, City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, 367 of 468
38 California, at a regular meeting held on the _______ day of ________________, 2024, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk
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1 RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, AMENDING COMPREHENSIVE CITYWIDE FEE SCHEDULE REGARDING
ADMINISTRATIVE CITATION FINE AMOUNTS FOR SOLID WASTE MANAGEMENT AND
AMENDING THE EXISTING COMPREHENSIVE CITYWIDE FEE SCHEDULE TO ADD
VIOLATIONS SUBJECT TO FINES AND PROCESSING FEES FOR ENFORCEMENT OF CHAPTER 8.44 OF THE SOLID WASTE MANAGEMENT ORDINANCE
WHEREAS, the City of Glendale is required to enforce provisions of SB 1383, the Short- lived Climate Pollutant Reduction Act of 2016; and
WHEREAS, Section 8.44.180 of the Glendale Municipal Code authorizes the enforcement of a solid waste management ordinance through the use of administrative citations; and
WHEREAS, Section 1.24.040 of the Glendale Municipal Code establishes that an enforcement officer shall have the power to pursue administrative remedies, including administrative citations to enforce any and all provisions of the code; and WHEREAS, Chapter 1.24.220 of the Glendale Municipal Code, 1995, authorizes the Council of the City of Glendale by resolution to establish the amount of fine to be assessed by means of an administrative citation; and
WHEREAS, the Council finds that administrative remedies are an ideal enforcement tool in the proper management of the City’s solid waste program; and WHEREAS, the Council finds there is a need to include new and additional violations related to improper management of solid waste consistent with the solid waste management ordinance, (and eliminate certain violations related to the same eliminated in said ordinance) that will be subject to administrative citation fines and processing fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE:
SECTION 1.The Council hereby removes the following citations and fines from the Citywide Fee Schedule in Chapter IV – Community Development, Section 6: Administrative Citations:
GMC.8.44.050.D Receptacles – ROW placement $100 $200 $500 GMC.8.44.130.A Receptacles – Dimensions (40 gallons/70
pounds)
$100 $200 $500
GMC.8.44.140 Receptacles – Name of business printed
legibly
$100 $200 $500
GMC.8.44.150 Receptacles – Commeercial and Industrial
(Waster collector’s name and phone number)
$100 $200 $500
GMC.8.44.170 Receptacles – Clean and maintained after
each use
$100 $200 $500
GMC.8.44.180 Tampering With Refuse Receptacles
Prohibited
$100 $200 $500
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2 GMC.8.44.190 Receptacles – Clean and maintained area of use
$100 $200 $500
SECTION 2. The Council also hereby adds the following citations and fines to the Citywide Fee Schedule in Chapter IV – Community Development, Section 6: Administrative Citations:
Code Section Code Description 1st
Fine
2nd
Fine
3rd
Fine
GMC.8.44.020 Safe and sanitary storage of solid waste $100 $200 $500 GMC.8.44.030 Limited accumulation of solid waste $100 $200 $500 GMC.8.44.050 Prohibition on scavenging of material $100 $200 $500 GMC.8.44.060 Prohibition on excluded waste $100 $200 $500 GMC.8.44.080 Prohibition on contaminating waste streams $100 $200 $500 GMC.8.44.081.B Placing of refuse containers for collection $100 $200 $500 GMC.8.44.083 Edible food generator recovery compliance $100 $200 $500 GMC.8.44.084 Edible food recovery service compliance $100 $200 $500 GMC.8.44.085 Edible food recovery service compliance $100 $200 $500 GMC.8.44.086 Community event compliance on service
requirements
$100 $200 $500
GMC.8.44.094.B Depositing refuse in a receptacle on other person’s property
$100 $200 $500
GMC.8.44.095 Not maintaining container to reduce odor and residual debris
$100 $200 $500
GMC.8.44.096 Not maintaining waste storage area to reduce odor and residual debris
$100 $200 $500
GMC.8.44.111 Failure by generator to make payments for
waste collection services.
$100 $200 $500
SECTION 2.Repeat Violations. The administrative citation fine amount for a second violation of the same GMC provision by the same responsible party within twelve (12) months from the date of the first administrative citation shall be higher than the amount for the first administrative citation, and shall vary depending on the violation cited, as set forth in the attached Exhibit 1. The administrative citation fine amount for a third and any subsequent violation of the same GMC provision by the same responsible party within twelve (12) months from the date of the first administrative citation shall be higher than the amount for the first or second violation, and shall vary depending on the violation cited, as set forth in the attached Exhibit 1.
SECTION 3.Late Payment. Payment of the administrative citation fine amount after thirty (30) days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal ten percent (10%) of the administrative citation fine amount due the City, or ten percent (10%) of the amount remaining unpaid to the City if a portion of the fine amount was timely paid. Late payment charges shall be in addition to the amount of the administrative citation fine amount. In addition, interest shall accrue on all unpaid monies due, exclusive of late payment charges, at the rate of one half of one percent per month, pro rata, of the total amount due from the date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City. 370 of 468
3 SECTION 4.Processing Fee. Every administrative citation will be assessed a $22 administrative citation processing fee. This processing fee is in addition to the administrative citation fine amount, any applicable late fee, interest or collection costs.
SECTION 5. This Resolution’s adopted fees and fines take effect on the effective date of Ordinance No. __________________.
Adopted by the Council of the City of Glendale on this _____ day of _______________, 2024. _______________________________________
Mayor
ATTEST:
____________________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF GLENDALE )
I, _______________________, City Clerk of the City of Glendale, do hereby 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 __________________, 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________________
City Clerk
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9a
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Introduction of Ordinance for Public and Private Indigenous Tree Protections
1. Ordinance amending portions of Chapter 12.40 and 12.44 of the Glendale Municipal Code to update standards and enforcement mechanisms for public and indigenous tree protection
2. Ordinance amending portions of Titles 16 and 30 of the Glendale Municipal Code regarding tree-related zoning provisions
3. Resolution establishing and modifying administrative citation fines in the Citywide Fee Schedule for enforcement of the public tree and indigenous tree ordinances
4. Resolution of Appropriation for Outreach Services
COUNCIL ACTION
Item Type: Action Item
Approved for January 9, 2024 calendar
EXECUTIVE SUMMARY
At five City Council meetings between 2021 and 2023, the Public Works Department presented information regarding the state of Glendale’s urban forest. At these meetings, the City Council expressed interest in improving Glendale Municipal Codes relating to trees. This report describes the proposed ordinances and the proposed fee structure to enforce the ordinances. The report also covers additional modifications proposed since the most recent Council discussion in March 2023, as well as feedback from the Sustainability Commission.
The city currently protects any tree within the city’s right-of-way, and six species of private indigenous trees, under its Street Tree Ordinance (GMC 12.40) and the Indigenous Tree Ordinance (GMC 12.44), both of which are administered by the Public Works Department.
Additionally, portions of Chapters 16 (Subdivisions) and 30 (Zoning) have requirements concerning protected city and private trees and give Public Works oversight over the landscape design of trees within new parking lots.
On March 28, 2023, an ordinance was presented for consideration by the City Council to modify protections for public and private trees. The ordinance was not introduced.
Instead the Council provided direction to staff on further modifications to the ordinance, additional outreach measures and further research.
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RECOMMENDATION
Introduce an Ordinance amending the Glendale Municipal Code (GMC) to revise the existing Street Tree Ordinance into a “Public Tree” Ordinance and revising both Public Tree and Indigenous Tree code language to protect trees more effectively, as well as amending these tree-related codes to align with current city policy and practice. Also, that the Council introduce an Ordinance to simultaneously clean up portions of Titles 16 and 30 to match the other tree-related code modifications and update zoning and subdivision standards in line with current practice. Additionally, that the Council approve a Resolution Adding and Modifying Administrative Citation Fines in the Citywide Fee Schedule for Enforcement of the proposed Public Tree and Indigenous Tree Ordinances. The Council may approve a Resolution of Appropriation for outreach services related to the ordinance.
ANALYSIS
In early 2021, the City Council requested a report on the current state of the urban forest.
Over four City Council meetings on May 18, 2021, September 21, 2021, March 1, 2022, and September 27, 2022, staff provided information on aspects of public tree maintenance and tree protection ordinances. Staff recommended a 10-year planting program to return our public tree canopy to previous levels. The City Council gave direction to expand the tree planting program significantly to meet a new 25% citywide tree canopy goal, and allocated funding for this program, which is ongoing. Council also expressed interest in expansion of protections for public and private trees.
Public Works staff worked with the Community Development Department to review Titles 16 (Subdivisions) and 30 (Zoning) to ensure consistency with existing street and indigenous tree ordinances, inclusive of the parking lot code. Amendments to Titles 16 and 30 were presented and approved by the Planning Commission on February 1, 2023.
At the March 28, 2023, City Council meeting, Council requested that Public Works reassess portions of the proposed code for further refinement, review outreach and financial impact, and consider policies for expansion of the ordinance protections to additional trees. At Council’s behest, on October 5, 2023, Public Works also presented these refinements to the Sustainability Commission for their feedback. Commission’s feedback has been noted and incorporated into this report.
Introduction of Revised Ordinances Regulating Public and Indigenous Trees Staff identified shortcomings within existing ordinance language, and other language outdated by the advance of arboricultural science in the current city code. The aim of proposed changes is to improve enforceability, close loopholes or clarify opaque sections, address inconsistencies between code chapters, and expand protections to all currently protected City and private trees. Staff has prepared revised proposed modifications to GMC 12.40 and 12.44 based on Council and community feedback at the March 28, 2023, meeting, and these revisions have been reviewed by the City Attorney’s office and the Sustainability Commission.
Additionally, staff previously reviewed relevant sections of Titles 16 and 30 in collaboration with the Community Development Department to correct minor 373 of 468
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discrepancies within those codes, and to improve GMC 30.32 concerning private parking lot trees. No further revisions to these codes are proposed beyond what Public Works previously recommended to Council in March 2023.
The proposed changes to the city’s tree protection ordinances are intended to accomplish three goals: (1) ensure consistent language across both ordinances and current city practice; (2) clarify grey areas within the ordinances; and (3) add stronger protections to trees currently protected and include all city-owned trees under these protections. These modifications are intended to support and grow the urban tree canopy by preserving existing trees and increasing opportunities for requiring replacement plantings, while providing clarity to residents or their contractors in terms of what is and is not permissible.
The proposed modifications to Titles 16 and 30 are intended to accomplish two goals: (1) update language to be consistent across city ordinances related to trees, and (2) improve and expand the species able to be planted within parking lots; both without increasing workload for applicants or city staff.
These ordinance amendments presented here do not reflect any proposed program changes to expand classes of protected trees to additional species or tree types, which will be discussed later in the report.
Street Tree Ordinance, GMC 12.40
Substantive changes to the street tree ordinance involve the following:
•Expands existing street tree protections to trees located within city parks, lots, open spaces, and other various city-owned properties, and renaming the code section to Public Tree Ordinance to reflect these changes. These trees currently have no ordinance protections.
•Ensures definitions and word choice are consistent between both tree ordinances, and with current arboricultural language and science.
•Provides specific examples for permit requirements and prohibitions and provides protections that are currently enforced but not specifically codified. •Retains the option of moderate citation levels for instances where a tree is damaged but is likely to recover and provides the option for severe penalties if a tree is removed or destroyed, primarily utilizing the Citywide Fee Schedule, rather than restitution or civil penalties.
•Provides an in-lieu payment option for tree replacement in cases where the city determines a tree cannot be planted in the same location, for permitted or unpermitted removals. Some Citywide Fee Schedule titles would be modified to reflect both City and Indigenous tree in lieu payment options. •Adds requirement for the applicant to post public signage when a permit is issued.
Indigenous Tree Ordinance, GMC 12.44
Modifications proposed to the indigenous tree ordinance, in addition to changes noted under GMC 12.40, include the following:
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•Clarify language regarding pest infestations and the standard for treatment. •Update language to fit current arboricultural standards, including protecting some kinds of scrub oaks which are now considered a separate species. •Assert non-liability in line with codes from comparable municipalities, •Sets a minimum standard replacement tree size at 24” box container size and planting specifications for most situations.
•Omits codified references to dollar amount penalties, instead referencing the Citywide Fee Schedule, which can be updated annually with Council approval. •Adds requirement for the applicant to post public signage when a permit is issued. •Refines standards for work; an arborist must supervise work that requires a permit, rather than just a licensed contractor, and an arborist report must be submitted for any proposed development project with trees on site or within 20’ inclusive of if construction access or staging is likely to impact trees.
GMC Chapter 16, Subdivisions
Changes proposed to Chapter 16 include the following:
•Corrects the incorrect minimum tree trunk diameter previously codified. In Glendale, indigenous trees are protected at 6” trunk diameter, not 8” as written in Title 16. Staff believes this 8” diameter reference was an oversight. •Inserts a reference to GMC 12.44 and the additional requirements when plans depict protected trees.
GMC Chapter 30, Zoning
There are few substantive changes proposed to zoning codes. Modifications proposed include the following:
•Enhancement and expansion of the species list for parking lot tree planting, in line with city policy on best planting practice and to ensure climate-appropriate trees are being planted. The current codified list includes species now inappropriate for Glendale’s climate and cultivars of species that are difficult to locate, thus artificially limiting the species palette. Expanding this list would be achieved by not codifying the species list as it is currently, but instead aligning it with the species found in the city’s designated street tree list, which is maintained by the Public Works Department as part of the city’s Community Forest Management Plan. This list has been established and regularly updated for the past twenty years and consists of over 100 appropriate species. The updated list will be made available on the city’s website, following conclusion of this process. All species on the city’s list are at least 25’ tall at maturity.
•Correction where diameter for protected trees was incorrectly codified as 8”. •Clarification that applicants must depict trees on plans per GMC 12.40 and 12.44. •A suggestion to change applicant consideration of preservation of existing trees from ‘should’ to ‘shall’ per the Planning Commission’s feedback.
Chapters 16 and 30 were presented to the Planning Commission at their February 1, 2023, meeting. The Planning Commission’s only concern related to the change from 375 of 468
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‘should’ to ‘shall,’ as the Commission did not wish to explicitly require tree preservation, just to encourage the consideration.
Permitted Tree Removal and Replacement Fees
Currently, there is no ability for Glendale to require payment when a street tree is approved for removal if it is determined that on-site replacement is not possible due to various factors. The proposed modifications to the street tree ordinance would rectify this.
At present, if a tree is removed in a parkway, and there is no space to replant it, there can be no replanting requirement.
The indigenous tree ordinance does provide this ‘in-lieu’ fee option, with tree replacement to occur on city property and performed by the City or its contractor. The Citywide Fee Schedule includes five fees for varying sizes of replacement tree. These fees were recently assessed by a consultant as part of a citywide fee study and were recommended for an increase to meet cost recovery. The citywide fee study process is ongoing, and the fee amounts will be recommended for adjustment when the study is presented to Council later this fiscal year. In Table 1 below, Public Works proposes updating the language of these fees to be inclusive of both the proposed street and existing indigenous tree in lieu functions.
Table 1: Current Citywide Fee Schedule Proposed Title Changes Current Service Title Proposed Service Title
Indigenous Tree Fees in Public Works Tree
Installation Fees 15 Gallon tree
Public Works Tree Installation
Fee – 15-gallon tree
Indigenous Tree Fees in Public Works Tree
Installation Fees 24 Inch Box Tree
Public Works Tree Installation
Fee – 24-inch box tree
Indigenous Tree Fees in Public Works Tree
Installation Fees 36 Inch Box Tree (City Staff Install) Public Works Tree Installation
Fee – 36-inch box tree
Indigenous Tree Fees in Public Works Tree
Installation Fees 48 Inch Box Tree (City Staff Install) Public Works Tree Installation
Fee – 48-inch box tree
Indigenous Tree Fees in Public Works Tree
Installation Fees 60 Inch Box Tree (City Staff Install) Public Works Tree Installation
Fee – 60-inch box tree
Unpermitted Tree Damage or Destruction Fees
Both the current street and indigenous tree ordinances enable the city to pursue restitution in cases of unpermitted tree damage or destruction. In the case of the street tree ordinance, beyond restitution for the tree, a removal which occurs after the denial of a removal permit (or when city staff can prove the damage or removal was committed with the knowledge that a permit was required) could lead to civil penalties of three times the appraised value of the destroyed tree.
With the indigenous tree ordinance, the maximum civil penalty fee is $10,000 per tree removed or destroyed, with no requirement for an appraisal valuation to determine fee amount. In addition, the ordinance is unclear as to what other amounts may be appropriate, meaning every case must be discussed with the City Attorney’s office. These civil penalties are specifically unenforceable, as the GMC was later amended to limit civil 376 of 468
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penalties generally to $1,000.
For both ordinances, the city also has the authority to issue administrative citations per violation, with $400 at the first instance, and $1,000 and $2,000 for subsequent violations.
For more egregious cases with sufficient evidence, the city can may opt to issue citations per violation, per day. With the current fee structure, there is no distinction between violations. For example, a person cutting the top off a large city or private indigenous tree to obtain a better view would typically be assessed a $400 administrative citation, which is the same administrative penalty for illegally removing the tree.
The city may choose to seek restitution for the illegal removal of a tree; however, this poses a challenge due to vague ordinance language and additional proof requirements adopted in 2010. As is, should there be any refusal to pay, the billed restitution would necessitate civil action through the City Attorney’s office. The process is not only time and resource consuming but will cost the city more than the appraised value of a tree.
As an example, a recent case saw the destruction of a 60’ tall city tree’s root system, resulting in its removal. Rather than being able to obtain restitution for the estimated value of over $20,000 for this healthy, mature tree, the city issued two small administrative citations for violations referenced in the GMC. Public Works, Code Compliance, and the City Attorney’s office work together to pursue violations to the appropriate extent, but options can be limited. Such minor consequences do little to dissuade parties motivated to destroy trees and limits the city’s ability to maintain existing tree canopy or plant enough trees to make up losses.
A solution is to set Citywide Fee Schedule citation amounts based on the appraised value of trees of certain size classes. Increased fees are set for unpermitted actions which lead to tree destruction and set amounts are listed for when the exact size of the removed tree is impossible to determine. Staff proposes that the city establish administrative citation amounts for illegal tree removal and damage resulting in removals, codified in the Citywide Fee Schedule, and enforced in tandem with Code Compliance. In turn, this will provide increased clarity for Glendale’s residents.
The intent is not to create new, excessive fines, but rather to improve enforceability of our existing ordinances and utilize the tree valuations already reflected in existing code.
Existing administrative citations of $400, $1,000, and $2,000, would instead be used for violations that don’t result in tree destruction, such as minor unpermitted pruning. Larger administrative citations would be limited to clear cases where city or private protected trees were removed or damaged to the point where removal is the only option. Existing street tree ordinance permits tripling damages in cases where the city can prove a tree removal was done with knowledge that city approval was required. Staff recommends retaining this option and extending it to the Indigenous Tree Ordinance.
Table 2 shown below, describes the methodology behind the calculation of fees in the proposed administrative citation schedule. Values were taken from the city’s tree inventory software which calculated the appraised value of each city tree based on its 377 of 468
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size, health, and location. In situations of private tree removal where staff has no recent diameter size recorded for the removed tree, evidence such as past and present site photographs can be utilized, as is done in La Cañada Flintridge.
Table 2: Glendale Calculated Tree Replacement Values
Tree
Diameter
Range
City cost to
plant new
24”-box
tree
Appraised value of this size
range tree, assuming fair
condition and average
height
Total replacement value
0-6” $390 $700 $1,090
7-12” $390 $1,380 $1,770
13-18” $390 $3,260 $3,650
19-24” $390 $6,080 $6,470
25-30” $390 $9,830 $10,220
31-36” $390 $17,220 $17,610
36+” $390 $25,820 $26,210
Table 3 below shows a comparative analysis of agencies such as San Mateo County and La Cañada Flintridge where the administrative citation is based on the size of the removed or destroyed tree. The proposed citation fee schedule in Table 2 is based on the cost to replace and establish a new tree and the calculated value of a tree in fair condition of similar size, based on established industry standards. This table has been modified and expanded to accurately reflect the appraised value of trees, based upon Council feedback at the March 2023 meeting. The Sustainability Commission also recommended that penalties for trees falling into the ‘Unknown, under 30” DBH’ class have a citation amount equal to the penalty for removed trees of the 25-30” size, or $10,220. Previously the amount was set equal to trees at 13-18”, or $3,650. The Sustainability Commission commented that this would incentivize total tree removal to obscure the size of any removed tree.
Table 3: Comparative Administrative Citation Schedule, Removal of Public or Private Protected Trees
Size Class Penalties Glendale
Existing
Glendale
Proposed
La Cañada
Flintridge
San Mateo
County
Unpermitted removal or
destruction,0-6” DBH
$400 $1,090 N/A N/A
7-12” DBH $400 $1,770 N/A N/A
13-18” DBH $400 $3,650 $1,062 $2,500
19-24” DBH $400 $6,470 $1,062 $2,500
25-30” DBH $400 $10,220 $1,062 $2,500
31-36” DBH $400 $17,610 $2,115 $2,500
36”+ DBH $400 $26,210 $2,115 $5,000
Unknown, under 30” DBH $400 $10,220 $5,400 $2,500
Unknown, over 30” DBH $400 $26,210 $10,800 $5,000
It is also important to note that the GMC allows for non-exclusive penalties, meaning 378 of 468
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illegal tree removal, destruction, or damage can additionally result in denial of construction permits, holds on development, liens, and replacement tree requirements or in-lieu fees, in addition to administrative citations. Per Council request, a comparative chart of other cities’ replacement mitigation is shown in Table 4 below. For all cities, trees than cannot be planted on site, as determined by staff, require an in-lieu payment.
Table 4: Comparative Mitigation, Protected Tree Replacement at 24” box City Typical Replacement Ratio Notes
Glendale 2:1, but no set quantity Per code, diameter of new trees cannot exceed diameter of removed tree
Pasadena 3 to 8:1 Quantity based on size of removed tree La Canada
Flintridge 1:1 If removed tree is larger than 24”,
larger box sizes are required
Los Angeles 4:1 Based on value, not quantity of trees
Public Works has traditionally required at least 2:1 replacement ratio for removed trees, meaning that one removed tree requires two new trees. If space is not available for all required trees, the in-lieu fee would be levied, which is currently $400 per tree. Staff does not recommend codifying any replacement ratio standard, as this is better addressed in the City’s Community Forest Management Plan and can permit more greater or lesser quantities of replacement trees based on the factors of a case.
Continuing the current program, with proposed ordinance modifications At the March 28, 2023 meeting, Council heard from a number of Glendale residents who asserted that Public Works staffing is not sufficient to administer the current protected tree programs. As stated previously, with the aforementioned modifications to the ordinances, staff believes current staffing is sufficient to administer the tree programs.
Should the direction from Council be to undertake more proactive enforcement, with more inspections, and more frequent patrols in forested areas, than staff would concur that our current resources are insufficient.
In addition, the city’s new online permit system has streamlined the permitting and plan review processes, although this has increased applicants’ expectations for a fast turnaround. Tree permits are not like most permit applications. With few exceptions, Public Works must inspect a tree or property prior to permit issuance. This inspection provides an important educational opportunity for the tree owner, and enables staff to determine if the pruning, removal, or other work is justified, or if important considerations were missed on the permit submittal. It also reduces instances where contractors exceed the approved scope of work. Unlike typical violations like cleaning up debris or redoing a project to code, a tree cannot be undamaged. Due to time limitations, staff are not always able to inspect following the completion of work.
In terms of plan and permit review, Community Development relies on voluntary disclosure of trees by the applicant to flag projects for our review, with other projects flagged by Planning when protected trees are seen in site surveys. In FY 2022-2023, over 3,100 building, pool, fence, and right of way permit applications were submitted, which 379 of 468
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are the permit types which most commonly impact trees. Forestry staff was assigned to review just over 100 of these – 3% of the total.
Of the remaining 97% of reviews, some must have impacted city street trees or private indigenous trees without explicit Public Works approval or protection guidelines. Thanks to the city’s new permit portal, staff is noticing long-extant loopholes, and closing them, and working on technical solutions to flag addresses potentially containing protected trees. The result will be more reviews for Forestry staff, but the exact quantity is unknown.
Only two positions in our existing staffing, the Urban Forester and the Arborist Technician, are trained to handle permits, plan reviews, and code violations, and only the Arborist Technician is dedicated fully to these tasks. Existing staffing has been sufficient to manage the program historically.
Staff estimates the Arborist Technician spends at least 1,085 hours annually reviewing plans and permit applications and plans. This is in addition to violation cases, outreach and education, informational calls, and other daily duties, which takes almost equal time.
Violation investigations take the most time of all, due to the need to document damage.
Trees are living, dynamic organisms where there is an extreme sense of urgency – and need – to respond to and investigate reported violations. Code Enforcement Officers are rarely able to deviate from their assigned inspection schedule to immediately respond to reports of illegal tree removals or pruning. Due to the urgency to halt violations before complete destruction of a tree, this work results in the regular interruption of tightly scheduled days with inspections, appointments, and tree maintenance work. This will continue to be the reality of the current program, where we are limited by these factors without proactive enforcement.
At minimum, if Council wishes to enforce tree ordinances more proactively and better meet the needs of the public, staff recommends the addition of one more Arborist Technician position. Should Council direct staff to pursue this alternative, staff would request approval for the new full-time position during the 2024-25 budget cycle. This new position would allow Public Works to modify the existing workplan to include site inspections of ongoing projects, conduct verification of new posting requirements, and staff the Permit Counter daily. This enhanced fieldwork would lead to more proactive enforcement of tree violations, given the scheduled inspections to active construction sites, and more frequent presence in the community. While these responsibilities are already part of the classification, they are limited by time constraints. The financial impact of an additional Arborist Technician hired at Step 7, inclusive of benefits, is $120,185 annually.
Based on discussions with Code Compliance, these changes would not require additional staffing within Community Development, as Public Works handles violation documentation and referral. Since the March 2023 Council meeting, Code’s staffing has increased, and the referral process between CDD and PW has improved as well. 380 of 468
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Protecting Additional Private Trees: Policy Options and Potential Impacts Council had also directed staff to review additional options to expand protection of private trees to include other non-indigenous trees. Below are three options.
Staff presented these approaches to the Sustainability Commission on October 5, 2023.
The Commission was supportive of staff recommendations below, with the caveat that Public Works should implement a mature shade tree protection program, to protect not just particular species of trees, but trees that provide significant shade regardless of type.
Staff proposals related to this feedback is reflected in the analysis below.
Cities such as Pasadena and La Canada Flintridge, which protect some additional species of trees, do not have Certified Arborists reviewing tree removal requests and the associated arborist reports. Planners untrained in arboriculture tend to uncritically approve any submitted arborists report, relying on the author’s expertise. These cities also maintain a list of approved arborists, where no pruning can occur unless it is reviewed by one of these few companies. This framework enables these cities to process tree removal and pruning permits using non-arborist staff. In Glendale, any proposal to prune, remove, or develop near a tree is reviewed by a city arborist, and this process provides better tree care to the city and its residents, allows for the rejection of poor arborist reports, allows for greater price competition among tree companies, and saves residents money when staff is able to waive permit fees or other requirements based on residents taking measures to protect trees. Staff would not recommend changing this framework, based on discussion with private arborists who work across the region. Glendale is able to maintain a span of control on the quality of approved tree work and tree reports which other cities cannot replicate.
Require in-lieu payment for certain non-protected tree removal An option to increase protections on private trees would be the expansion of in-lieu payments, as raised at the March 2023 Council meeting and discussed at the October 5, 2023 Sustainability Commission meeting. This program would require that all owners of private trees pay a fee to the city for the removal of their tree. The fee would be used for the replanting of a new tree on public property. However, under such a proposed system, there would be no protections beyond the fee. For this reason, staff does not recommend this approach.
The in-lieu fee may deter owners from removing the tree; however, it may also result in excessive review and approval processes and potentially disincentive residents from planting trees altogether. Public Works staff are currently tasked with assisting in the prevention of accidental or deliberate tree death through the indigenous tree program.
Including the review of hundreds or potentially thousands of new requests to remove trees, accidental or deliberate, will overwhelm current staffing. In addition, common reasons for tree deaths are the result of well-intentioned but ill-informed landscape or pruning practices rather than deliberate destruction. Issuing fines for the removal of all private trees would create a great burden on residents and may result in the decline of privately planted trees.
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Tree removal in urban settings is already costly due to the difficulty of the work; adding thousands of dollars in city fees to this burden could negatively impact the city’s goal of increasing our tree canopy. Even if these fees are set aside for public tree planting, existing programs are operating their capacity. Given the concern is to promote preservation of existing private trees, staff recommends other approaches.
Protect additional species or mature shade trees
Staff had raised the idea of protections that are equal to those of the indigenous tree ordinance, but for any non-indigenous species at 30” diameter or greater. The Sustainability Commission recommended implementing a form of this program. This system would protect the largest trees within the city by requiring owners to follow an ordinance modeled on the Indigenous Tree Ordinance, where owners would need to obtain permits, hire qualified arborists to maintain these trees, and preserve the trees during repairs or development. This will lead to a substantial increase in costs to private tree owners, and additional staff time across multiple departments in terms of administering such a program. A major issue with protecting trees based on their trunk size is that the trunk must be measured, which sometimes requires professional guidance. Staff does not have data on the quantity of private trees of this size, but the City tree population of this size makes up 10% of our canopy. For subsequent discussion, we assume that roughly 10% of private trees may be of this mature shade tree size.
Staffing required to feasibly administer such a program in a city of our size is unworkable, particularly with city arborists as the administrators. The increased workload for plan review would primarily impact Public Works. While some of this would be due to the technical issues as described previously, staff anticipates a dramatic increase in plan reviews. Zoning codes already require applicants to depict trees over 8” for some projects, but this is achieved only by applicants self-reporting. With a programmatic change of this nature, Community Development will need to ensure plans correctly depict all trees and refer to Public Works for verification. Under such a program, Public Works staff may need to at least peruse all relevant permit applications – which as noted earlier, numbered 3,100 last year – to ensure trees are depicted properly. If there are trees present which require protection, over five hours of staff time are needed, on average, to review, obtain corrections, visit the location, develop permit conditions, and so on. A conservative estimate for plan review for newly protected trees amounts to 1,550 hours per year, more than the time the Arborist Technician currently devotes to Indigenous Tree related plan review. Review of plans without protected trees may still take up to half an hour each to verify the lack of protected trees – another 1,395 hours annually for plan review alone.
An alternative would be to modify city ordinance where any plan submittal would require an arborist report describing all trees on site, or a disclosure for the lack thereof, which could be a costly burden for applicants, with the cost of reports typically running from $500 to $2000. Requiring, at minimum, an arborist statement on the canopy of a given lot is a standard requirement in many municipalities, and staff would support its introduction in Glendale regardless of the level of tree protection adopted by Glendale. This will nevertheless require Public Works staff time to review these reports. 382 of 468
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In addition, staff’s ability to manage the complete program of site inspection, plan review, enforcing tree protection and construction monitoring, and violation investigations is simply not feasible. At minimum it would require three additional Certified Arborists, in addition to the Arborist Technician proposed earlier, and a Section reorganization to effectively manage such a large workgroup involving new management level positions.
Protecting any number of non-indigenous private trees is likely to lead to a commensurate increase in complaints to Community Development and Public Works, and violation cases are the most complex and time-consuming duties performed within Public Works - Forestry. While Code Enforcement recently increased staffing, any amount of staffing would still lack the flexible schedule or arboricultural qualifications required to respond to these sorts of concerns.
It is also important to consider the impact of such a policy on the public. Any tree owners (and those bordering any trees) may find themselves required to spend more on tree maintenance due to requirements with permitting and plan review, and the city could be drawn into private disputes over mature trees planted in poor locations, trees maintained poorly for decades, or exotic species no longer suitable for the area.
Finally, these protections could disincentivize the preservation of mature trees. Staff was unable to locate relevant studies on this topic, but we have long observed that when given a choice, the majority of residents will opt to not replant indigenous trees on site, to avoid city regulation of private property. The best way to avoid this outcome would be to instead to protect all trees, which is a noble goal but not possible, given the staffing required for a mature tree program alone.
Given the administrative burden and fiscal impacts of such a program on both the city and our residents, staff does not support such a universal, broad sweeping protection of private trees. Alternatively, staff is proposing a modified version of the heritage and specimen tree program discussed previously to address the Council and Commissions objectives.
Heritage and Specimen Shade Tree Program
As discussed at the previous March 2023 Council meeting, Glendale is home to numerous large and old, private unprotected trees, which add to the character of our neighborhoods. Staff had discussed a program where notable private trees are nominated by the owner for tree protection, in line with the requirements of the Indigenous Tree Ordinance. The Sustainability Commission approved of this program but was concerned regarding the limitations of a self-nomination process, and highlighted their concern that mature shade trees would be left unprotected if the owner did not wish them to be.
A viable option to expand tree protections with lessened impacts to staff workload and city costs would be the adoption of a modified Heritage and Specimen Shade Tree program, where trees can be protected both by resident nomination and city determination.
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nominated for protection as Heritage Trees by the owner, as discussed in the most recent Council meeting; the second aspect would include large trees over 30” in diameter being protected as Specimen Shade Trees. These mature shade trees could be nominated by the property owner, through neighborhood petition where over 50% of properties on impacted blocks ask for this designation, or by city designation.
Under such a program, trees would not be protected until designated as such by the city.
The program’s policies should be established in the Community Forest Management Plan, which is maintained by the Public Works Department, and updated every five years, or as needed. Staff would define within the plan the minimum arboricultural standards required for protection, such as ensuring the tree is growing in a viable location, is not likely to be hazardous, and minimum trunk size for specimen shade trees. Protected trees can be flagged in the city’s new EnerGov system, so that no permits may be issued without a Public Works review for impacts to the tree.
For Heritage Trees, the program would entail self-nomination or nomination with the written permission of the property owner of the tree. Any tree being considered for nomination as a Heritage Tree must should meet a minimum of two of the following three criteria:
1. Any tree that has historical significance, including but not limited to a mature specimen that is or was planted:
a. As a commemorative, memorial, or tribute; or
b. During an historical era significant to the Southern California Region and recognized as characteristic of the landscaping of that era.
2. Any tree that has horticultural significance, including but not limited to a specimen that is:
a. Distinctive in size, beauty, structure, or age, as compared to other individuals of the same species in the city; or
b. An unusual species for the area and/or seldom found growing in southern California urban areas but nevertheless suited to the area; c. Identified as playing a significant role in the landscape architecture for the specific location.
3. Any tree that meets either of the above two conditions but is not protected by current tree ordinances already.
Public Works staff have previously received inquiries from the public regarding the implementation of a heritage tree program. However, due to the number of inquiries, it is unclear how many trees the program would protect. Trees over 30” diameter likely number around 10% of the private tree population, some of which would be already protected under the Indigenous Tree Ordinance. Staff believe that increased outreach efforts and the previously suggested addition of a second Arborist Technician would be sufficient to manage this program.
The same drawbacks raised earlier still apply. Any new tree protections will add new costs to tree owners, and potentially their neighbors, and could change the way in which a property could be developed. The city determining that a certain tree could be protected 384 of 468
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would require access to private property, and outreach will be difficult, given it is unknown which trees would be protected until access is granted.
Staff proposals for this program will require codification to implement. As such, the proposed Heritage and Specimen Shade Tree Program is best left as a separate ordinance from the Public or Indigenous Tree Ordinances, to be drafted and introduced at a later Council meeting.
STAKEHOLDERS/OUTREACH
Any of the proposed programs will have impacts Citywide, particularly to properties with protected trees. The proposed modifications to the existing ordinances only add clarity and enhanced penalties to existing prohibitions and duties for these tree owners. Still, a renewed outreach effort focusing on City tree ordinances would benefit the community and the City, as existing literature is good, but dated, and will need revision.
Upon adoption of the modified and new ordinances, staff will pursue hiring a public outreach consultant to undertake a multimedia campaign to inform the community regarding proper tree care, preservation, permitting, and to highlight key points of the revised tree ordinances. Public Works recently utilized SGA Marketing for services related to Integrated Waste Management program changes, with costs of $134,000 annually.
This media should be available in multiple languages and be both in print and online.
Concurrently, as part of its standard practice, Public Works is currently revising its Community Forest Management Plan, which describes in detail City policies, practices, and standards for tree care, and this large document will be available to the public on the City’s website and is provided to individuals and contractors for their reference when needed. The consultant would be asked to assist with synthesizing this document into simple informational literature for the general public.
City staff are also an important stakeholder in this process. Public Works will host general informational sessions for relevant Departments regarding current and additional processes, and more specific training for sections within these departments which frequently interface with protected tree and Public Works Forestry personnel.
As with previous changes to tree related codes, Public Works would coordinate a meeting of local tree care professionals to review ordinance changes and city expectations.
Finally, education is the most effective way to ensure compliance, and in turn, tree preservation. While arboriculture is a science, Public Works has never expected the residents of Glendale to be tree experts. When responding to a potential violation, longstanding practice has been to educate at each step of the way in the form of a letter specific to that address and that violation. First time violations which do not result permanent disfigurement or death of a tree typically have no recommended citations associated with them. This framework is not proposed to be changed. 385 of 468
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FISCAL IMPACT
Revenue could be realized from the proposed fee changes. Based on reviews of recent years, staff believe that revenue from citations are unlikely to exceed $50,000 annually.
At present, annual citations average around $5,000. The new proposed larger citation amounts are related to mostly infrequent violations.
If Council directs staff to expand these programs, additional costs arise due to recommend staffing in the form of a second Arborist Technician position and outreach using a consultant, which were not included as a part of the FY 2023-24 budget. If Council chooses to expand these programs, staff recommends appropriating funds now to cover the cost of the outreach consultant who will assist with public engagement on the new ordinance. This appropriation is outlined below:
Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$134,000 25300-1010 43110-1010-PWD-
7507-P0000
General Fund
No new appropriation is being requested for the Arborist Technician position at this time. The annual cost of this position, inclusive of benefits, is $120,185. Staff will request approval for the new full-time position during the FY 2024-25 budget cycle if Council directs staff to bolster the current enforcement program.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The project is exempt from CEQA review pursuant to Section 15307, as a Class 7 “Actions By Regulatory Agencies For Protection Of Natural Resources” exemption of Title 14 of the California Code of Regulations (CEQA Guidelines) as the project consists of amendments to the city’s tree-related codes within Chapter 12 to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Elect to not approve any ordinances amending portions of the GMC and Citywide Fee Schedule. Existing tree protections will continue in the city.
Alternative 2: Consider any other alternative not proposed by staff. 386 of 468
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ADMINISTRATIVE ACTION
Submitted by:
Yazdan T. Emrani, P.E., Director of Public Works
Prepared by:
Loren Klick, Urban Forester
Daniel Hardgrove, Assistant Director of Public Works
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
N/A
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1 ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA AMENDING PORTIONS OF TITLE 12, CHAPTERS 12.40 AND 12.44 OF THE GLENDALE MUNICIPAL CODE, 1995, TO UPDATE STANDARDS AND IMPLEMENT GREATER
ENFORCEMENT MECHANISMS FOR PUBLIC AND
INDIGENOUS TREE PROTECTION
WHEREAS , the City Council of Glendale has reviewed City-owned and indigenous tree standards within the City, as codified in Chapters 12.40 and 12.44 of the Glendale Municipal code, 1995; and
WHEREAS , the City Council has set a 25% tree canopy goal across the City of Glendale, and reaching this goal requires the protection and preservation of existing City and private trees; and
WHEREAS , the City Council has directed staff to assess existing City ordinance and enhance tree protections; and
WHEREAS , the proposed amendments to Title 12 update tree protections to protect all City-owned trees, and provide additional protections to trees in line with current City policy and practice; and
WHEREAS , the City Council has considered the report dated March 28, 2023 along with the proposed amendments to Chapters 12.40 and 12.48 and by this ordinance amends Title 12 of the Glendale Municipal Code, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. The above recitals are true and correct.
SECTION 2. Chapter 12.40 of the Glendale Municipal Code, 1995 is amended to read as follows:
Chapter 12.40 CITY-OWNED STREET TREES
12.40.005 Purpose and intent.
This chapter establishes regulations and standards to promote the benefits of a healthy urban forest. The intent of this chapter is as follows:
A. Establish and maintain to the greatest possible extent a maximum amount of street tree coverage along all public rights-of-way, public parks, city facility grounds, and other city-owned land;
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2 B. Maintain city street trees in a healthy condition through good and current arboricultural practices;
C. Promote appropriate diversity in city street tree species and age classifications to perpetuate a sustainable urban forest; and
D. Preserve and protect city street trees from the rigors and adverse conditions of the urban environment and create favorable conditions for the protection of trees.
12.40.007 Definitions.
For the purposes of this chapter, the following words shall have the meanings ascribed to them unless otherwise noted:
“City tree” means any tree where, as determined by the director, the centerline of the trunk of same lies within the public right-of-way or is located upon City-owned land. “City street tree” means any tree where the centerline of the trunk of same lies within the public right-of-way.
“Community forest” or “community forestry” means the management of all of the City’s trees, plants and shrubs emphasizing practices of proven, professional and planned management standards for the benefit of the entire community. “Community forest City street tree management plan” means a plan developed and implemented by the city which sets forth city policies, procedures, standards and other relevant guidelines regarding the selection, planting, maintenance and removal of all city street trees, protected private trees, and establishes general preservation and planned management objectives to promote and perpetuate a sustainable urban forest. “Construction permit”: means any official document or official certificate, issued by the city, which is deemed by the director to potentially impact a City tree and authorizes or provides discretionary approval for:
1. Development activities, including but not limited to, grading, excavation, construction, erection, installation, enlargement, alteration, conversion, reconstruction, remodeling, rehabilitation, improvement, demolition, moving, or repair of a building or a structure on public or private property; or
2. Includes, but is not limited to: a building permit, building-combination permit, building-fence-wall permit, demolition permit, electrical permit, encroachment permit, excavation permit, grading permit, industrial waste permit, mechanical permit, parkway landscaping permit, plumbing permit, pool permit, roofing permit, sidewalk-driveway permit, or street use permit; or
3. A land use entitlement, permit, or approval, issued by the city under title 16 or Title 30 of this code, which the city has discretion to approve or deny and includes, but is not limited to: a conditional use permit, parking use permit, variance, administrative exception, design review, tentative parcel or tract map, subdivision, parking reduction permit, parking exception, general plan amendment, specific plan or a specific plan amendment, change of zone or district, administrative relocation, relocation permit, historic designation, ridgeline or blue-line stream exception, setback ordinance, or special recreation zone development plan review.
“Damage” means any act or omission that substantially affects or jeopardizes the long-term health of, or causes disfigurement to, a City tree, as determined by the director.
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3 “Designated street tree list” means a master list of specific City street tree species which have been designated by the director of public works, for each city street, or portion thereof, as the preferred species of tree to be planted and maintained within said street.
“Director” means the director of public works or the director’s authorized designee or agent.
“Dripline” means the largest outside perimeter of the canopy of a tree drawn on the ground as an imaginary line. ground area at the outside edge of the tree branches or canopy.
“Hardscape” means any permanent structure or street improvement made of concrete, asphalt, brick or other such material, located in areas including, but not limited to, sidewalks, curbs, gutters, driveways, driveway aprons and streets. “Maintain” or “maintenance” means activities such as but not limited to root pruning, trimming, thinning, spraying, watering, fertilizing, mulching, treating for disease or injury, or any other similar act which promotes growth, health, beauty and life of a tree. “Parkway” has the same meaning ascribed to the term “parkway” in Section 12.04.005 of this code.
“Open space tree” means any tree where the centerline of the trunk of same lies within city-owned land designated as open space or otherwise unmaintained land.
These trees are left in a natural condition and not maintained by the city, excepting situations where the city receives notice of an adverse condition in any tree, in line with the city’s Open Space and Conservation Element.
“Person” means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized. “Professionally accepted standards” means those standards established by the International Society of Arboriculture, National Arborists Association or American National Standards Institute, and as such other standards as may be subsequently amended, which standards are for the care, maintenance, preservation, protection, removal and planting of trees.
“Property owner” means a person who is the record owner, as shown on the Los Angeles County Assessor’s latest secured real property assessment roll, of the real property on which or adjacent to which a city tree was planted, destroyed, removed, or damaged.
“Protected zone” means 1) that area within the dripline of a protected indigenous tree and extending to a point one foot outside the dripline; or 2) that area extending from (the outside edge of the trunk one foot per one inch of trunk diameter; whichever is larger, or more suited to the location, as determined by the director. “Pruning” also known as “trimming” or “thinning” means the reduction of the density of a tree using professionally accepted standards to control the structure and spread of a tree, lessen wind resistance, preserve its health and natural appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within the branches, or making adjustments which will increase its longevity in an urban environment.
“Qualified tree expert” means an individual who performs professional services and has met the qualifications of one (1) of the following: International Society of Arboriculture (ISA) Certified Arborist, American Society of Consulting Arborists (ASCA) 390 of 468
4 Registered Consulting Arborist, California State Board of Forestry Registered State Forester, or California Urban Forest Council (CaUFC) Certified Urban Forester. “Replacement tree” means the largest commonly available transplantable nursery specimen for the Southern California region of a species required by the director to replace the tree proposed for cutting, moving, encroachment upon, or removal, or of the tree actually damaged or destroyed.
“Right-of-way” means a strip of land acquired for use by the public for the right of passage and maintenance of improvements including but not limited to public streets, sidewalks and parkways.
“Topping” also known as “heading back” “stubbing” or “pollarding” means a severe type of trimming which results in the cutting back of large diameter branches to stubs.
Similar practices include “hat-rack” or “coat-rack” cuttings and are also included in this definition. Such severe practices produce undesirable results than more moderate pruning with respect to a tree’s natural form and which is generally hazardous to the overall health and stability of a tree.
“Tree” means a woody perennial plant usually having a single elongate main stem generally with few or no branches on its lower part and which attains a minimum height of eighteen (18) feet, and is not inclusive of woody perennial plants closely spaced and trained to form a barrier or hedge, or to mark the boundary of an area, such as between neighboring properties.
“Urban forest” or “urban forestry” means the management of all of the city’s trees, plants and shrubs emphasizing practices of proven, professional and planned management standards for the benefit of the entire community. “Urban forest fund” means a fund held by the city, dedicated to community forestry projects on public property, and established and administered by the director.
12.40.010 Authority.
A. The director shall have charge of, direct and supervise the planting, removal, trimming, pruning, cutting and maintenance of city street trees—and shall have charge of all work incidental thereto, and shall have the authority to grant, suspend, revoke or deny all permits for the replacement, removal, planting, cutting, pruning or trimming of city street trees.
B. The director is further authorized to do the following:
1. Determine the variety, size and spacing of city street trees that may be planted in any public right-of-way or any portion thereof, or on any city-owned land.
2. Determine the needs of the city in connection with its urban forestry program.
3. Have charge of, direct and supervise the planting, removal, trimming, pruning, root pruning, cutting and maintenance of all city street trees and all work incidental thereto;
4. Establish and revise a city street tree community forest management plan and a designated street tree list;
5. Review all landscaping, construction permit or development plans as said plans may affect city street trees;
6. Have charge of enforcing and carrying out the regulations prescribed in this chapter.
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5 7. Prepare and keep records, maps or plans showing the species of city street trees under the director’s supervision.
12.40.020 Inspection—Infection or infestation.
It shall be the duty of the director to cause to be inspected all city street trees, excepting open space trees, and, upon discovering that if any such trees are infected with a disease, or infested with scale by insect, plant, or animal, life or growth, or any insect detrimental to the growth, health, or life of such trees, shall remove, eradicate or destroy such condition. If any such trees are so infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed, the director may cause the removal and destruction of any such trees, if in the director’s judgment it shall seem best.
12.40.030 Duties and prohibitions.
A. Owners, occupants or any persons having control of private property upon which one (1) or more city street trees reside, shall provide adequate water to all said city street trees.
B. Any person (including, but not limited to, an architect, engineer, contractor or developer) who applies for a construction permit shall submit an accurate plan showing the exact location of each city tree adjacent to the subject property and all city trees whose trunks or branches are located within twenty (20) feet outside the subject property line. The tree’s size, species, diameter, and dripline shall be included on this plan.
CB. It is unlawful for any owner, occupant, or person having the control or care of any lot or premises in the city to allow the following acts upon such premises or upon the sidewalk or parkway adjacent to such premises:
1. Cut, damage, carve, transplant, prune, root prune or remove any city street tree, except as permitted by permit issued pursuant to this chapter. Tree topping, heading back, stubbing and pollarding of city street trees is strictly prohibited.
2. Attach or keep attached to any city street tree or to any guard or stakes intended for the protection thereof, any rope, wire, nails, tacks, staples, advertising posters or any other device or artificial arrangement.
3. Intentionally misrepresent, mislabel, or fail to identify the location, size, species, diameter, or dripline of a city tree on an application or plan submitted to the city for a construction permit.
4. Fail to adhere to tree protection requirements, or any other requirements, imposed as a condition of approval in a construction permit with the city.
53. Cause or allow, without written permission of the director:
a. Any substances harmful to trees to lie, leak, pour, flow or drip upon, or be applied into a city tree, or into the soil within the dripline of any city street tree; b. Fire or heat to be set to any city street tree so as to injure any portion of said tree;
c. The operation of any equipment, such as mechanical weeding devices, in such a manner as to cause damage to a city street tree;
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6 d. Use any heavy equipment or machinery under the dripline of any city tree, outside of existing hardscape in a manner as to cause damage to a city tree, without sufficient safeguards and protections as determined by the director; e. Change the natural grade of the land by excavation or filling-in within the dripline of any city tree;
fd. The injury to any city street tree due to neglecting to provide the necessary amount of water, as determined by the director, for said tree’s continued good health and viability;
ge. Without written permission of the director, apply or maintain Application or maintenance of any paving or storage of any materials encroachment in such a manner as to damage or interfere with the root system of any city street tree, including but not limited to: artificial turf, plastic landscape fabric, and decomposed granite with a binding compound;
hf. Pile Place building material or other material about any city street tree in any manner that will in any way injure such tree, as determined by the director, inclusive of soil, rocks, and new shrub, vine, turf, or other plant installation. 6D. As a condition of any permit for construction, repair, alteration, relocation or removal of any building, structure or any other type of construction permit, a permittee shall provide such sufficient safeguards and protections as determined by the director, so as to prevent injury to any affected city street trees, and shall not begin work until such determinations have been made.
12.40.050 City trees species to be plants.
No city street tree shall be planted other than the species designated by the director for the particular street, or portion of a street in accordance with the designated city street tree list and the conditions as may be set forth in a city street tree community forest management plan. No city street tree shall be planted, except by the city, unless the director issues a permit as provided in this chapter. No species of tree or trees intended to be maintained as hedges shall be planted within public rights-of-way, planting easements, or other public property, except by the city, unless the director issues a permit as provided in this chapter.
12.40.060 City street tree planting in subdivisions.
When required pursuant to Section 16.36.030F of this code, and as that section may subsequently be amended, all subdividers shall plant city street trees in accordance with all provisions of this chapter and the director’s requirements.
12.40.070060 City street trees—Permit required.
A. No person shall plant, remove, relocate, or damage, as defined in this Chapter, any city tree, destroy, cut, prune, apply pesticides, disturb, deface or in any manner injure any city street tree without first obtaining a permit under this Chapter to do so from the director of public works. Additionally, no owner, occupant, or person having the control or care of any lot or premises in the city shall allow the planting, removal, relocation, or damage, as defined in this Chapter, of any city tree upon such premises or upon the sidewalk or parkway adjacent to such premises except as subject to a 393 of 468
7 permit under this Chapter. This section shall not apply to city staff performing assigned duties, or to Glendale Water and Power, the public service division or to any telephone or electric utility when trimming trees to comply with Rule 35 Overhead Line Construction, General Order No. 95, California Public Utilities Commission.
B. Permit applications and fees.
1. Applications for permits under this chapter shall be made to the public works division on forms provided by the director and shall include such information as the director deems necessary to review the application.
2. An application for any permit under this chapter shall be accompanied by a nonrefundable application fee established by resolution of the city council.
3. The director shall issue the permit if, in his or her judgment, the proposed work is desirable and the proposed method and workmanship is performed to professionally accepted standards as defined in this chapter. Any permit so issued shall contain a date of expiration and the work shall be completed in the time allowed on the permit and in the manner described therein. The permit issued for the planting of such trees shall state the variety of trees that shall be planted, the distance apart at which the same shall be planted, the location of each tree and the size thereof.
4. As a condition of a permit, the director may impose additional measures or requirements to preserve and protect the health of trees that remain, relocated trees, and/or new trees planted to replace those removed. The measures may include, but are not limited to, any of the following:
a. Erecting temporary or permanent protective fencing around the trees, so that no substantial disruption or removal occurs to the structure of the feeder roots of a city tree; b. Prohibiting mechanical activity within the dripline of a city tree; c. Prohibiting placement of fill material within the dripline of a city tree, unless an adequate drainage and aerification system is provided for the tree(s) to the director’s satisfaction.
d. Requiring the employment of qualified tree expert to perform the permitted work, or at that’s person’s expense to provide a tree report as detailed in Chapter 12.44, to provide a complete analysis of the proposed impacts to the trees, and follow recommended actions in that report, with a qualified tree expert retained to monitor impacted trees for the duration of the project.
e. Requiring the installation of irrigation systems suited to tree establishment and mature tree watering within the right of way.
54. The director may order the work to immediately cease in the event that the director determines the work or conditions set forth in the permit are in violation of this chapter.
6. Approval of a permit issued under this chapter is contingent upon full compliance with all terms and condition imposed as part of the approval. If the director determines the property owner, developer, or permit holder has violated, or failed to comply with any of the permit’s terms or conditions, the director, upon written notice to the property owner, developer, or permit holder, may suspend, revoke, or restrict the permit, or impose new or additional conditions on the permit.
12.40.080070 Permitted removals – Issuance of permit. City street tree removals. 394 of 468
8 The director shall not issue a permit for removal of a city street tree unless the director finds one of the following conditions to be present:
A. The city street tree is infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed; B. The city street tree is dead, or is seriously injured or damaged; C. The removal of the city street tree is necessary to provide vehicular ingress or egress to adjoining property;
D. The removal of the city street tree is necessary for street opening, widening and improvement;
E. The city street tree is of a kind determined by the director to be undesirable in parkways by reason of its habits of growth due to its invasive nature or other arboriculturally undesirable habits;
F. There are exceptional circumstances or conditions applicable to the city street tree involved or to the intended use or development of the property in front of which the city street tree is located that the director deems do not apply generally to other city street trees in the same neighborhood.
12.40.090080 Permitted removals – Replacement requirements Replacement of city street trees.
As a condition to any permit to remove or destroy any city street tree, the director may require that the permittee plant a replacement city street tree or trees in place of the one to be destroyed or removed. Whenever any such tree has been destroyed or removed pursuant to any permit, it shall be a misdemeanor It is a violation of this code for the permittee to fail, refuse or neglect to plant a replacement city street tree of the type and size specified in the a permit in place of the one destroyed or removed, within forty (40) days from the date of the issuance of the permit.
12.40.090 Permitted removals – In lieu replacement
Whenever the director determines that a replacement city tree of any type cannot be located within the adjacent right of way or city property due to lack of sufficient space, before issuance of the permit, the property owner, developer, or permit applicant may be required to pay to the City: a tree installation and establishment fee, in an amount established by resolution of the council, to plant and establish the replacement tree or trees on public property.
12.40.100 Conditional permit—Deposit.
In addition to any other requirement of law, the director may require that no permit be issued to remove, relocate or destroy a tree shall be valid unless, prior to issuance removing, relocating or destroying such tree, the permittee deposits with the director an amount equal to the value of such tree, and in the event replacement of the tree is required, such additional amount as determined by the director as sufficient to cover the cost of installation and equipment to replace such tree or trees. Such amounts deposited shall be nonrefundable except as follows:
A. Upon verification by the director that the permittee has satisfactorily complied with the provisions of such permit, the permittee shall be entitled to a return of the entire installation and equipment deposit and additionally for such amounts as the permittee 395 of 468
9 demonstrates were actually incurred for the replacement tree(s), exclusive of accessories or attachments, provided such reimbursement shall not exceed the amount of the deposit.
B. Upon determination by the director that the permittee has failed to comply with the permit, all amounts deposited by such permittee shall be forfeited to the city and may be used for any public purpose for which the city is authorized to expend public money.
C. In the case of a relocation permit, upon determination by the director that the relocated tree or trees have been successfully relocated, and have thrived for a sufficient period of time to insure their continued survival, the permittee shall be entitled to a return of the entire amount so deposited. In the event that the director determines that the tree or trees have not been successfully relocated, or are not thriving, then such deposit shall be forfeited and may be used in accordance with subsection B of this section. The determination by the director as to whether a relocation has been successful, or whether a tree is thriving, shall be final.
12.40.110. Notice Required
A. As a condition of all issued permits to prune, root prune, perform work near, or remove a city tree, the applicant must give notice in the manner as required in this section, any applicable provision of the Community Forest Management Plan, and as determined by the director when the permit is issued.
B. Notices must be posted at least 3 days prior to the scheduled date of work.
C. Notices must be posted in a format determined by the City at a prominent point on private property adjacent to the public right-of-way, so that all information is clearly displayed pertaining to:
1. A full copy of the issued permit itself, including all conditions; and if the printed permit does not include the following information;
2. Description of the protected tree inclusive of species, size, and location, and;
3. Description of the approved work to be performed.
D. Failure to give notice as required will be considered a violation of permit conditions as described in this Chapter.
12.40.130 Appeals.
Any person aggrieved by any action of the director in determining the variety of city street trees that may be planted in any street may appeal to the council within the time and in the manner provided in Chapter 2.88.
12.40.140 Removal, destruction, or damage without permit—Penalty.
A. The penalties of this chapter are non-exclusive and supplementary to existing rights and remedies. Nothing in this chapter shall be deemed to prevent the city from commencing a criminal or civil action with respect to any violation of the provisions herein.
B. Any person who destroys, removes, or damages a city street tree to such a degree where the director determines the damage is irreversible and the tree must be removed; or allows destruction, removal, or irreversible damage to occur to a city tree without having a valid permit to do so, shall be liable to the city in an amount equal to 396 of 468
10 the value of the tree and such additional amounts as determined by the director to cover the administrative cost of enforcing this chapter as to such person. Such costs shall be considered restitution to the city and shall be deposited into the city’s urban forestry fund.
C. Any person who damages a city tree or causes or allows damages to a city tree, without having a valid permit to do so, shall be responsible for returning such tree to a condition acceptable to the director. Methods for remedy of the tree’s condition shall be as proscribed or required by the director, including, but not limited to, requiring any person to employ a qualified tree expert at that’s person’s expense to provide a tree report as detailed in Chapter 12.44, and follow recommended actions in that report.
D. Upon determination by the director that a replacement tree is necessary and required, an amount shall also be assessed upon such person equal to the estimated cost of installation and equipment necessary to replace and establish such tree. Such cost shall not exceed one hundred (100) percent of the value of such tree.
C. In addition to subsection A of this section, upon determination by the director that a replacement tree is necessary and required, an amount shall also be assessed upon such person equal to the estimated cost of installation and equipment necessary to replace such tree. Such cost shall not exceed one hundred (100) percent of the value of such tree pursuant to Section 12.40.170, but in no event shall it be less than one hundred dollars ($100.00).
12.40.150 Removal, destruction, or damage without permit – Enforcement.
In addition to any other penalties or remedies allowed by law or prescribed in this chapter, violation of any provision of this chapter shall constitute grounds for administrative citation under Chapter 1.24 of this code, subject to all procedures of that section.
12.40.150160 Removal when permit approval denied—Penalty.
In addition to the liability imposed by Section 12.40.140, any person who destroys, removes or damages a city street tree, or allows destruction, removal, or damage to occur on any property where such person is a property owner, after having been previously denied a permit to do so, or who does so with knowledge that such permit or City approval is required, shall be liable to the city for restitution in the form of a civil penalty in an amount equal to three (3) times the applicable fine as set forth in the Citywide Fee Schedule value of such tree. Such civil penalty shall be a debt owned to the city.
12.40.160170 Penalties—Not exclusive.
The forfeitures, penalties, assessments, restitutions and remedies provided for in this chapter are in addition to any other remedies provided by law.
12.40.170180 Determination of tree valuation.
Whenever this chapter requires the value of a city street tree to be determined, the director shall utilize the most recent guide for establishing values of trees published by 397 of 468
11 the International Society of Arboriculture insofar as practical, and if such guide is not practical or applicable, may use any other recognized and established method which the director or public works deems appropriate to establish such tree valuation.
SECTION 3. Chapter 12.44 of the Glendale Municipal Code, 1995 is amended to read as follows:
Chapter 12.44 INDIGENOUS TREES
12.44.010 Purpose and intent.
The indigenous oak, bay, and sycamore trees within the city are natural aesthetic resources which help define the character of the city. These trees are worthy of protection in order to preserve the natural environment and to protect the city’s native plant life heritage for the benefit of all residents. Oak, bay, and sycamore trees are unique because of their size and beauty and their relative abundance adds distinction and character to certain neighborhoods within the community. It is pertinent to the public interest, health and welfare that these trees be protected from mutilation, indiscriminate cutting, damage, destruction or removal in order to provide for conservation purposes, for counteracting air and noise pollution and minimizing soil erosion and related environmental damage, as well as for the preservation of the natural beauty which the oak, bay, and sycamore trees lend to the city. It is the intent of this ordinance to create favorable conditions for the preservation of indigenous trees in the community while respecting individual rights to develop, maintain and enjoy private property to the fullest possible extent consistent with the public interest, health and welfare.
12.44.020 Definitions.
For the purposes of this chapter, the following words have the meaning ascribed to them, unless otherwise noted. Words not defined shall be given their common ordinary meaning:
“Community forest” or “community forestry” means the management of all of the City’s trees, plants and shrubs emphasizing practices of proven, professional and planned management standards for the benefit of the entire community. “Community forest City street tree management plan” means a plan developed and implemented by the city which sets forth city policies, procedures, standards and other relevant guidelines regarding the selection, planting, maintenance and removal of all city street trees, protected private trees, and establishes general preservation and planned management objectives to promote and perpetuate a sustainable urban forest.
“Construction permit”:
1. Means any official document or official certificate, issued by the city, which authorizes:
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12 a. Construction, erection, installation, enlargement, alteration, conversion, reconstruction, remodeling, rehabilitation, improvement, demolition, moving, or repair of a building or a structure; or
b. Grading, excavation, or encroachment of real property, public or private; and
2. Includes, but is not limited to: a building permit, building-combination permit, building-fence-wall permit, demolition permit, electrical permit, encroachment permit, excavation permit, grading permit, industrial waste permit, mechanical permit, parkway landscaping permit, plumbing permit, pool permit, roofing permit, sidewalk-driveway permit, or street use permit.
“Damage” means any act or omission that substantially affects or jeopardizes the long-term health of, or causes disfigurement to, a protected indigenous tree, as determined by the director. Such action may be taken by, but is not limited to, cutting, topping, girdling, poisoning, trenching, grading or excavating within the drip line of the protected tree.
“Development activities” means activities including, but not limited to, grading, excavation, construction, erection, installation, enlargement, alteration, conversion, reconstruction, remodeling, rehabilitation, improvement, demolition, moving, or repair of a building or a structure.
“Director” means the director of public works or the director’s authorized designee or agent.
“Discretionary approval”:
1. Means a land use entitlement, permit, or approval, issued by the city under title 16 or Title 30 of this code, which the city has discretion to approve or deny; and
2. Includes, but is not limited to: a conditional use permit, parking use permit, variance, administrative exception, design review, tentative parcel or tract map, parking reduction permit, parking exception, general plan amendment, specific plan or a specific plan amendment, change of zone or district, administrative relocation, relocation permit, historic designation, ridgeline or blue-line stream exception, setback ordinance, or special recreation zone development plan review.
“Dripline” means the largest outside perimeter of the canopy of a tree drawn on the ground as an imaginary line.
“Encroach” or “encroachment” means to install, store, place, maintain or use a material, equipment, machinery, or vehicle inside the protected zone of a protected indigenous tree, except for the purpose of routine pruning. “Hat racking” means a severe act of pruning a tree by reducing the length of branches, lowering the tree height, stubbing or removing foliage so that the tree resembles a hat or coat rack.
“Lion’s tailing” means a severe act of pruning a tree by removing all the interior branches and foliage, leaving a limited amount of foliage at the end of each branch or limb so as to resemble the tail of a lion.
“Person” means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized. 399 of 468
13 “Property owner” mean s a person who is the record owner, as shown on the Los Angeles County Assessor’s latest secured real property assessment roll, of the real property on which a protected indigenous tree is growing or was destroyed, removed, or damaged.
“Protected indigenous tree” or “indigenous tree” or “protected tree” means any tree with a trunk which is six (6) inches or more in diameter as measured at a height of fifty- four (54) inches above the lowest point where the trunk meets the soil; or in case of a tree with more than one (1) trunk, whose combined diameter of any two (2) trunks is at least eight six (86) inches in diameter as measured at a height of fifty-four (54) inches above the lowest point where each trunk meets the soil, which is one (1) of the following Southern California native tree species, including any hybrid trees with parentage of one (1) or more species: California Live Oak (Quercus agrifolia), Scrub Oak (Quercus berberidifolia), San Gabriel Oak (Quercus durata var. gabrielensis), Valley Oak (Quercus lobata), Mesa Oak (Quercus engelmannii), California Bay (Umbellularia californica), and the California Sycamore (Platanus racemosa).
“Protected zone” means 1) that area within the dripline of a protected indigenous tree and extending to a point one foot outside the dripline; or 2) that area extending from (the outside edge of the trunk one foot per one inch of trunk diameter; whichever is larger, or more suited to the location, as determined by the director. “Protected zone” means that area within the drip line of a protected indigenous tree and extending to a point one (1) foot outside the drip line. “Qualified tree expert” means an individual who performs professional services and has met the qualifications of one (1) of the following: International Society of Arboriculture (ISA) Certified Arborist, American Society of Consulting Arborists (ASCA) Registered Consulting Arborist, California State Board of Forestry Registered State Forester, or California Urban Forest Council (CaUFC) Certified Urban Forester. “Replacement tree” or “mitigation tree” means the largest commonly available transplantable nursery specimen for the Southern California region of the same species required by the director to replace as the tree proposed for cutting, moving, encroachment upon, or removal, or of the protected tree actually damaged or destroyed, as determined from the stock available at local nurseries located within sixty (60) miles of the city of Glendale.
“Routine pruning” means the removal of any dead, dying, or diseased branches of a tree and the cutting of live interfering and weak branches not to exceed two (2) inches in diameter, performed in accordance with arboriculture industry standards. Foliage reduction cannot exceed one-quarter (1/4) of the total tree foliage. “Tree owner” means a person who is the record owner, as shown on the Los Angeles County Assessor’s latest secured real property assessment roll, of the real property on which the trunk of a protected indigenous tree is wholly located. In cases where a tree trunk is located across a property line, coterminous real property owners will be considered tree owners in common.
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14 “Topping” (also known as “heading back,” “stubbing” or “pollarding”) means a severe type of trimming which results in the cutting back of large branches to stubs; the removal of the upper twenty (20) percent or more of a tree’s trunk or primary scaffold. “Urban forestry fund” means a fund held by the city, dedicated to community forestry projects on public property, and established and administered by the director.
12.44.030 No permit required for routine pruning.
No permit shall be required of a property owner for routine pruning of a protected indigenous tree on said property.
12.44.040 Permit required.
Except as provided in sections 12.44.030 and 12.44.060, a permit shall be required of any person who proposes to cut, remove, encroach upon, or relocate a protected indigenous tree.
12.44.050 Prohibitions.
It is unlawful for a person to do or cause to do any of the following:
A. Damage or destroy a protected indigenous tree, or that tree’s trunk, bark, foliage, limbs, branches or roots, by any means, including, but not limited to, the following:
1. Subjecting the tree to fire or heat;
2. Applying toxic substances within the tree’s protected zone;
3. Operating equipment or machinery within the tree’s protected zone;
4. Changing the natural grade of land by excavation or filling within the protected zone;
5. Hat racking, lion’s tailing, shearing, or topping;
6. Overwatering or underwatering;
B. Attach a rope, light, or lighting system in a manner that tightly binds it or permanently affixes it, attach a wire, nail, tack, staple, advertisement, poster, sign or any other object or device, or using a spike, gaff, spur or other related injurious equipment used for climbing on a protected indigenous tree; C. Maintain an attached tree stake, tree tie, guy wire, tree guard or rope to the point where a protected indigenous tree is girdled or injured; D. Allow or permit a substance that is harmful to a tree to lie, leak, pour, flow or drip upon or into the tree or the soil within the protected zone of a protected indigenous tree;
E. Install, place, operate or maintain an irrigation system for watering within three (3) feet from the base of a protected indigenous tree;
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15 F. Without a permit from the director, install, place, store or maintain paving, ornamental rock, or any material within the protected zone of an indigenous tree; G. Place, store, pile or maintain building or other material within the protected zone of a protected indigenous tree;
H. Intentionally misrepresent, mislabel or fail to identify the location, size, species, diameter, or drip line of a protected indigenous tree on an application or plan submitted to the city for a building permit, grading permit, a land use permit under Title 30 of this code, subdivision map application under Title 16 of this code, or any other similar land development application or plan; or
I. Without a permit from the director, cut or prune a live branch that exceeds two (2) inches in diameter.
J. Install or maintain living plant materials in the protected zone of a protected indigenous tree that causes damage to the protected indigenous tree.
K. Fail to adhere to tree protection requirements, or any other requirements, imposed as a condition of approval in any permit with the city.
12.44.060 Permit—Exemptions.
The provisions of Section 12.44.070 shall not apply to:
A. Cases of emergency caused by a protected indigenous tree being in a hazardous or dangerous condition and requiring immediate action for the preservation of life or property, or being irretrievably damaged or destroyed through flood, fire, wind or lightning, as determined after visual inspection by an authorized city employee, provided that the person responsible for the cutting, moving, encroachment upon, or removal of the protected tree shall report such action to the director within five (5) working days thereafter, where lack of a report within this time frame, or lack of sufficient evidence as deemed by the director to justify the immediate action, may result in administrative actions as described in Section 12.44.120; B. Emergency or routine cleaning by a public utility necessary to protect or maintain electrical, power or communication lines or other property of a public utility; C. Routine pruning involving the removal of any dead, dying, or diseased branches of a protected indigenous tree and the cutting of live interfering and weak branches not to exceed two (2) inches in diameter, performed in accordance with industry standards, and foliage reduction not to exceed one-quarter (1/4) of the total tree foliage;
D. Protected indigenous trees held for sale by a licensed nursery; E. Any tree whose removal or trimming was specifically approved as part of an approved development plan, subdivision or other discretionary project. Any person (including, but not limited to, an architect, engineer, contractor or developer) who applies for a grading permit, building permit, land use permit under Title 30 of this code, subdivision map application under Title 16 of this code, or any other similar land development permit or entitlement, shall submit an application from a qualified tree expert including an accurate plan showing the exact location of each protected 402 of 468
16 indigenous tree on the subject property and all protected indigenous trees on adjoining properties whose trunks or branches are located twenty (20) feet outside the subject property line;
F. Employees, agents and contractors of the city acting under the authority of the director;
G. Any trimming of a protected indigenous tree performed to meet minimum clearance requirements for fire and life safety as set forth in a notice to abate fire hazard issued by the fire department;
H. Any trimming or removal of a protected indigenous tree which is required by superseding federal or state law of general application.
12.44.070 Permit—Application.
A. Except as provided in Sections 12.44.030 and 12.44.060, any person proposing work to or near cut, remove, encroach upon or move any protected indigenous tree or trees within the city must apply and obtain from the director a permit prior to the proposed work, including: tree alteration, removal, encroachment or relocation.
1. Pruning
2. Removal
3. Relocation
4. Encroachment, including development or construction projects where access to the project site and material storage may require passing within the protected zone of a protected indigenous tree B. If required by the director, when the application pertains to the removal or relocation of a protected indigenous tree, or encroachment upon the protected zone of a tree, or as a result of proposed construction or development activities, which do not require discretionary approval, a qualified tree expert shall prepare a report at the property owner’s or developer’s expense. The permit applicant shall submit the report with the permit application. In the report, the qualified tree expert shall explain the reason for the removal, relocation or encroachment. On the front page of the report, the qualified tree expert shall state the expert’s name, company name, address and telephone number. The qualified tree expert shall attach to the report a copy of the expert’s certification or registration and state license, if required by law to have one. If the property owner or developer is hiring an individual or a company to perform work on a protected indigenous tree, the permit applicant shall state on the permit application the individual’s or company’s name, address, daytime telephone number, and state contractor’s license number, if required by law to have a license.
C. The report must include:
1. On the front page of the report, the qualified tree expert shall state the expert’s name, company name, address and telephone number. The qualified tree expert shall attach to the report a copy of the expert’s certification or registration and state license, if required by law to have one. If the property owner or developer is hiring an individual or 403 of 468
17 a company to perform work on a protected indigenous tree, the permit applicant shall state on the permit application the individual’s or company’s name, address, daytime telephone number, and state contractor’s license number, if required by law to have a license;
21. A plan or map upon which each every tree on the property and within 20 feet must be identified by species, diameter measured at a height of fifty-four (54) inches above the lowest point where the trunk meets the soil, height, outline and dimensions of the canopy and drip line, and health and condition. For any protected indigenous tree, the report must provide recommendations to remedy structural, disease, or pest problems where feasible. In cases of development activity, the report shall be inclusive of each indigenous or city-owned tree on the property and within 20’ of the subject property, and it must be indicated if a Each tree is proposed to be removed, moved, or encroached upon must be so designated on the plan or map;
32. Photographs of the all protected trees on site or within 20’ of the site to be moved or encroached upon, reflecting the tree(s) position in regard to existing and future proposed structures or construction. The full canopy and a close up of the leaves, trunk, and root flare, and any identified diseases or pests impacting the health of the tree must be provided if relevant;
43. If a tree will be moved or relocated to another location on the property, the relocation site must be identified, and site preparation and relocation methods must be described;
54. The species, number, and size of any proposed replacement tree or trees must be designated;
65. The reason for the removal, relocation or encroachment of a protected indigenous tree must be described. The qualified tree expert shall state that the expert has inspected and verified the health and structure of any tree declared diseased or dying. diseased, dying, or otherwise proposed for removal, and provide sufficient evidence, based on sound arboricultural standards and including identification of disease, inspects or pest, for the director to confirm such a declaration; and;
7. If applicable, evaluation of the applicant’s construction or development proposal as it impacts each protected tree shown on the site plan, including suggested mitigation, protective measures during and after development activities, and/or future maintenance measures where required.
12.44.080 Permit—Grant or denial conditions.
A. The director shall approve, conditionally approve, or deny the application to cut, remove, encroach upon or move any protected indigenous tree or trees. The director may require the applicant to provide additional information, which does not appear on the application and may be needed for evaluating the application. The director may impose any reasonable conditions that the director deems necessary to implement the provisions of this chapter.
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18 B. The director shall consider the following criteria, where applicable, in evaluating applications for issuance of permits required by this chapter:
1. Necessity to remove the protected indigenous tree because its continued existence at the location prevents the reasonable development of the subject property, as determined by the director;
2. The protected indigenous tree shows a substantial decline from a condition of normal health and vigor, and restoration, through appropriate and economically reasonable preservation procedures and practices, is not advisable;
3. Due to an existing and irreversible adverse condition of the tree, the protected indigenous tree is in danger of falling;
4. The presence of the protected indigenous tree interferes with, or is damaging to, utility services and roadways, walkways, foundations, drainage or other existing structures, within or without the subject property. The damage is beyond mitigation and the only reasonable alternative is the tree’s removal;
5. The topography of the land and the effect of protected indigenous tree removal on erosion, soil retention, and the diversion or increased flow of surface waters;
6. The number or location of protected indigenous trees existing on the site or in the neighborhood on surrounding property; and the effect of tree removal upon enjoyment of the residents, the general public, and on property values in the area; and
7. Good forestry practices (such as the necessity to remove diseased or dying protected indigenous trees due to overcrowded conditions), the effect of tree removal in altering the natural habitat, and the selective preservation of healthier trees.; and
8. The presence of a pest infestation in a protected indigenous tree, which cannot be treated or mitigated through appropriate, industry recommended, and economically reasonable preservation procedures and practices, and which may spread to other trees.
C. The director may require the protected indigenous tree’s relocation to another site on the property, or off-site location within city limits, in which case the applicant shall post a performance bond in an amount equal to 100% of the appraised value of relocated tree(s), calculated using the most recent edition of the Guide for Plant Appraisal published by the International Society of Arboriculture, to ensure that the relocated trees are properly established and maintained for three years. that the director deems appropriate, The director’s determination to require such relocation shall only be made if:
1. The environmental conditions of the new location are favorable to the survival of the protected indigenous tree;
2. The cost is reasonable;
3. A reasonable probability exists that the tree will survive; and
4. The relocation is accomplished by qualified personnel. 405 of 468
19 D. As a condition of a permit authorizing a person to cut, remove, encroach upon or relocate any protected indigenous tree or trees, or when any protected indigenous tree dies or is destroyed as a result of permitted development activities, the director may shall require that one (1) or more trees of the same species as the tree or trees proposed to be cut, removed, encroached upon or relocated, or of the tree or trees actually destroyed, must be planted as a mitigation measure, with the species as determined by the director. Mitigation trees cannot be planted on city property, easements, or other setbacks unless permission is explicitly given by the director.
Mitigation or replacement trees shall also meet the following criteria:
1. The combined diameter of the trees proposed to be planted cannot exceed the diameter of the protected indigenous tree, or the combined diameter of the protected indigenous trees, proposed to be cut, moved, encroached upon or removed, or of the protected indigenous tree or trees actually destroyed.;
2. The container size of trees planted as a mitigation must be at least 24” box container size, unless the director determines that the nursery availability of a required species is limited, and a smaller container size may be permitted after reasonable efforts have been undertaken to locate such a tree;
3. The replacement tree or trees must be planted to the city's current tree planting standards and specifications, specific to the size of the required replanting, as provided by the director to the property owner; and
4. Tree condition monitoring during and post-project may be required for any project with affected protected indigenous trees and/or the planting to ensure that trees are properly established and maintained until tree(s) reach a size where it is protected by this chapter. Any tree planted as a condition of a permit may be required to be replaced if it dies or is destroyed before reaching such size.
E. When the director specifies in a permit issued under this chapter that a particular species of protected indigenous tree must be planted as a condition of the permit or as a mitigation measure for damaging or destroying a protected indigenous tree, the property owner, developer or permit holder shall not plant a species other than the one designated by the director for the particular site or location.
F. The director shall establish and administer an urban forestry fund, which will be used for planting and maintaining protected indigenous trees on public property. As a condition of a permit authorizing the cutting, removal, encroachment upon, or relocation of a protected indigenous tree, or when any protected indigenous tree dies or is destroyed as a result of permitted development activities and the property owner, developer or permit applicant cannot plant a replacement tree as determined by the director, the property owner, developer or permit applicant may be required to pay into the urban forestry fund to the City:
1. A tree replacement fee, as restitution and for deposit in the city’s urban forestry fund, in an amount equal to the value of the replacement tree;
2. A tree installation and establishment fee, as restitution and for deposit in the city’s urban forestry fund, in an amount equal to the city’s estimated cost, as established 406 of 468
20 by a resolution of the council, to plant, water, and maintain for three years a replacement tree on public property; and
3. An administrative enforcement fee, as established by resolution of the council, in an amount sufficient to cover the administrative cost of enforcing this chapter.
G. The director may impose additional measures or requirements to preserve and protect the health of a protected indigenous trees that remain, relocated trees, and new protected indigenous trees planted to replace those removed. The measures may include, but are not limited to, any of the following:
1. Erecting temporary or permanent protective devices around the protected indigenous trees, so that no substantial disruption or removal occurs to the structure or feeder roots of a protected indigenous tree;
2. Prohibiting mechanical activity within the protected zone of a protected indigenous tree;
3. Prohibiting placement of fill material within the protected zone of a protected indigenous tree, unless an adequate drainage and aerification system is provided for the tree(s) to the director’s satisfaction.
H. As a condition of any permit for construction, repair, alteration, relocation, or removal of any building, structure or any other type of construction, a permit holder shall provide sufficient safeguards and protections, as determined by the director, to prevent injury to a protected indigenous tree. The director has the authority to issue a stop work notice for any work, construction, activity or operation which damages, or threatens to damage, a protected indigenous tree; or when tree preservation measures have been violated; or in both situations.
I. As a condition of all issued permits to prune, root prune, perform work near, or remove an indigenous tree, the property owner or their agent must give notice in the manner as required in this section, any applicable provision of the Community Forest Management Plan, and as determined by the director when the permit is issued.
1. Notices must be posted at least 3 days prior to the scheduled date of work.
2. Notices must be posted in a format determined by the City at a prominent point on private property adjacent to the public right-of-way, so that all information is clearly displayed pertaining to:
a. A full copy of the issued permit itself, including all conditions; and if the printed permit does not include the following information;
b. Description of the protected tree inclusive of species, size, and location, and ; c. Description of the approved work to be performed.
3. Failure to give notice as required will be considered a violation of permit conditions as described in this Chapter.
IJ. Approval of a permit issued under this chapter is contingent upon full compliance with all terms and conditions imposed as part of the approval. If the director determines that the property owner, developer or permit holder has violated, or has failed to comply with any of the permit’s terms or conditions, the director, upon written 407 of 468
21 notice to the property owner, developer or permit holder, may suspend, revoke, or restrict the permit, or impose new or additional conditions on the permit.
12.44.090 Appeals of permit decisions.
A. A permit applicant, aggrieved or adversely affected by the decision of the director regarding the denial or issuance of a permit or any conditions thereof may appeal the decision to the building and fire board of appeals by filing a written appeal with the city clerk within fifteen (15) calendar days after receipt of the director’s notice of decision. A statement of the appellant shall be required indicating how the appellant is aggrieved or adversely affected by the decision. Any such written request to be heard filed with the city clerk shall also be copied to the director. The written request shall specify the name and address of the person to which all subsequent notices and communications should be mailed.
B. If no appeal is filed within such time, the director shall promptly implement his or her intended decision on the permit or permit application. An appeal shall automatically stay execution of the implementation of the director’s intended decision until the appeal has been considered and decided on by the building and fire board of appeals.
C. Within fifteen (15) calendar days of the filing of a written appeal, the building and fire board of appeals shall notify each appellant and the director of the time, date and location of the scheduled hearing. The hearing date shall be set at the board’s sole discretion, except that the hearing must commence within sixty (60) calendar days of the date of the filing of the written appeal. The board may extend the 60-day period only upon good cause shown.
D. The building and fire board of appeals may, in its sole discretion, direct any named appellant and the director to submit in advance of the hearing, statements, lists of witnesses, exhibits, documents or any other information the board deems pertinent to the appeal. The board may request either party to the appeal to submit rebuttals to such information. The board may limit the length, scope or content of any such statement, list, rebuttal, document, or other requested information. The board shall set firm due dates for all written presentations.
E. All notices and writings required to be served under this section shall be delivered by personal service or United States mail in a manner ensuring written confirmation of delivery.
F. The proceedings shall be as informal as is compatible with the requirements of justice. The building and fire board of appeals need not be bound by the common law or statutory rules of evidence and procedure, but may make inquiries in the matter through all means and in a manner best calculated to make a just determination. In considering the appeal, the building and fire board of appeals shall apply the criteria set forth in section 12.44.080. The board shall render a decision on the appeal within fifteen (15) calendar days of such hearing.
12.44.100 Permit fees.
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22 The city council shall establish and require permit fees for permits pertaining to cutting, removing, encroaching upon, or relocating a protected indigenous tree. The permit fee must not exceed the cost of administering each permit. Fees will be subject to annual revision and adjustment to reflect current administrative costs. An applicant for a permit shall pay the full fee when the applicant submits the permit application. The director shall not accept an application for a permit under this chapter, unless the applicant pays the fee in full.
12.44.110 Cumulative administrative, civil and criminal remedies.
The administrative remedies, penalties, and assessments provided for in this chapter are cumulative to each other and to the remedies, penalties, and assessments, civil and criminal, available under this code and all other laws of this state. Nothing in this chapter prevents the commencement of a criminal action, or a civil action, or both, with respect to any violation of this chapter’s provisions.
12.44.120 Administrative citation, penalty and hearing.
A. The administrative remedies provided for in this section shall be deemed to be cumulative and not mutually exclusive to the civil and criminal remedies provided for in this chapter.
B. The director may assess against any person who commits, allows, or maintains a violation of any provision of this chapter an administrative penalty in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each and every day during any portion of which any violation is committed, continued, or permitted shall constitute a separate offense. Where the violation has resulted in the destruction or removal of a protected indigenous tree, or where the condition of the tree is such that is requires removal as determined by the director, the penalty shall be in an amount as established or modified by resolution of the city council not to exceed ten thousand dollars ($10,000.00) per tree unlawfully destroyed or removed.
C. In addition to the liability imposed by Section 12.44.120B, any person who destroys, removes or damages a protected indigenous tree, or allows destruction, removal, or damage to occur on any property where such person is a property owner, after having been previously denied a permit to do so, or who does so with knowledge that such permit or City approval is required, shall be liable to the city in an amount equal to three (3) times the applicable fine as set forth in the Citywide Fee Schedule.
CD. At his or her their sole discretion, the director may approve a compliance agreement between the city and any person who commits, allows, or maintains a violation of any provision of this chapter. This agreement may include, but is not limited to, requiring the person to post a bond and obtain the necessary permits, directing the person to provide methods of mitigation and replacement for the unauthorized alteration, removal, encroachment upon, or relocation of a protected tree, and prescribing other reasonable measures to abate a specific violation of this chapter.
ED. Upon determining that a person has committed a violation of this chapter, the director or his or her their designee shall issue an administrative citation to the 409 of 468
23 responsible party will be issued using the procedures set out in this section. As used in this section, the term “responsible party” shall mean the owner of the property or the person who commits, allows, or maintains a violation of any provision of this chapter.
The administrative citation shall be served by personal service on the responsible party or by certified mail, return receipt requested, to the responsible party’s last known address. The responsible party’s refusal to accept the administrative citation shall not affect the validity of the administrative citation or any proceeding undertaken under this section.
FE. To the extent the following information is reasonably available to the director, the administrative citation shall:
1. State the date the administrative citation is issued;
2. State the responsible party’s name, current residential address, and mailing address;
3. Refer to the code section violated and describe how the responsible party violated the code section;
4. State the date the violation was discovered by the director;
5. State the amount of penalty imposed for the violation;
6. Explain how the responsible party may pay the penalty, including the location and manner, as well as the time period by which the penalty must be paid and the consequences of failure to pay the penalty;
7. Explain the procedure for obtaining an administrative hearing; specifically, notice that the responsible party must make a written request within fifteen (15) calendar days from the date the administrative citation is issued and that the responsible party will be notified by mail of the date of the hearing;
8. Include a warning that a failure to pay the penalty and/or failure to appear at a requested administrative hearing may result in the penalties described in section 12.44.130; and
9. Describe any action necessary to correct the violation and explain that failure to do so may result in the issuance of additional administrative citations and the imposition of additional penalties.
FG. Within fifteen (15) calendar days from the date the administrative citation is served on the responsible party, the responsible party must pay the penalty amount designated on the administrative citation and may also make a written request for an administrative hearing. The responsible party’s failure to pay the penalty within fifteen (15) calendar days and to correct the violation constitutes a default, upon the occurrence of which, the city may treat the penalty as an account receivable subject to the established policy for delinquent accounts receivable. The city may use all appropriate legal means to collect the penalties imposed pursuant to this chapter.
IG. Any responsible party to whom an administrative citation has been issued may contest that there was a violation of this chapter or that he or she is the responsible party by filing a written request with the director for an administrative hearing within fifteen (15) calendar days from the date of service of the administrative citation. Such 410 of 468
24 request shall be accompanied by payment of the administrative penalties. The director shall set a date for an administrative hearing before the building and fire board of appeals not less than fifteen (15) calendar days nor more than thirty (30) calendar days from the date of the request. The director shall, by certified mail, return receipt requested, or personal service, give notice to the responsible party of the time, date and location of the hearing. The director also shall provide the responsible party in advance with any materials provided to the building and fire board of appeals.
JH. The responsible party’s failure to appear at a noticed hearing shall constitute a waiver of the right to a hearing, a forfeiture of the fine(s), and a failure to exhaust administrative remedies. Upon a showing of good cause by the responsible party, the building and fire board of appeals may excuse the responsible party’s failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than once.
IK. The administrative hearing is intended to be informal in nature. Formal evidentiary rules and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the discretion of the building and fire board of appeals. Each party shall have the opportunity to offer testimony and evidence and cross examine witnesses in support of its case. The building and fire board of appeals may continue the hearing or request additional information from either side.
LJ. Within fifteen (15) calendar days of the conclusion of the hearing, the building and fire board of appeals shall determine whether a violation has occurred and provide the responsible party with its decision in writing, also known as an administrative order.
The building and fire board of appeals shall provide the responsible party with the administrative order by personal service or by certified mail, return receipt requested, to the responsible party’s last known address. A decision in favor of the responsible party shall constitute a dismissal of the violation. The city shall promptly return any monies paid by the responsible party. If the building and fire board of appeals renders a decision in favor of the city, the responsible party must comply with the administrative order or seek judicial review of the administrative order.
MK. If an administrative order is rendered in favor of the city pursuant to this division, the responsible party may appeal any decision made by the building and fire board of appeals to the city council within the time and in the manner provided by the uniform appeal procedure of chapter 2.88 of this code. The decision of the city council shall be final.
12.44.130 Remedies for violations—Penalty.
The following remedies shall be deemed to be cumulative and not mutually exclusive:
A. Against any person:
1. Criminal Penalties. At the option of the city prosecutor, a violation of any provision of this chapter or any condition imposed upon a permit issued hereunder shall be prosecuted as a misdemeanor or infraction depending on the severity and willfulness of the prohibited conduct and whether the conduct has been repeated. Each protected 411 of 468
25 indigenous tree removed in violation of this chapter shall constitute a separate misdemeanor offense. Any person convicted of knowingly or willfully destroying or removing any protected indigenous tree shall be charged for restitution in full or in part, as deemed appropriate by the court, a monetary amount representing the value of the destroyed or removed protected indigenous tree and calculated to cover the costs of prosecution. The penalty shall be further specified as follows:
a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in section 1.20.010 of this code.
b. If charged as a misdemeanor, the penalty upon conviction of such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment, plus restitution in full or in part, as deemed appropriate by the court.
2. Civil Penalties. As a part of a civil action brought by the city, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per violation. Where the violation has resulted in the destruction or removal of a protected indigenous tree, the civil penalty shall be in an amount not to exceed ten thousand dollars ($10,000.00) per tree unlawfully destroyed or removed plus restitution in full or in part, as deemed appropriate by the court.
3. Restitution. As a part of a civil action brought by the city, a court may assess against any person who allows or causes the removal or destruction of a protected indigenous tree, as restitution and for deposit in the city’s urban forestry fund, (i) an amount equal to the value of the largest commonly available transplantable nursery specimen for the Southern California region of the same species required by the director to replace as the protected indigenous tree destroyed or removed, as determined from the stock available at local nurseries located within sixty (60) miles of the city of Glendale; and (ii) an amount equal to the prevailing cost, including equipment and labor costs, of planting and establishing a replacement tree on public property in the City of Glendale. Restitution shall be calculated for each tree unlawfully destroyed or removed.
4. Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of a violation of any provision of this chapter.
5. Costs. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action and reasonable attorneys’ fees.
B. Against tree trimming services, arborists and tree experts:
1. Any tree trimming service, arborist or tree expert violating any provision of this chapter is guilty of a crime. This crime can be charged as either an infraction or a misdemeanor. It shall be a separate violation for each protected indigenous tree damaged, removed or destroyed.
2. It shall be an infraction for any tree trimming service, arborist or tree professional to receive pay for such services within the city without a contractor’s 412 of 468
26 license, if a license is required by the contractors state license board to perform aforesaid services.
C. Joint and several liability. If two (2) or more persons are responsible for any violation of the provisions of this chapter, they shall be jointly and severally liable for the penalties and remedies set forth herein.
12.44.140 Imposition of building and development moratorium on property— Penalty.
A. Construction Permit or Discretionary Approval—Withholding or Revoking.
When a person destroys, removes, or damages a protected indigenous tree on a property, the city, after having given notice and having conducted a hearing under subsections (E) and (H) of this section, may take any one (1) of the following actions against a person listed in subsection (C) of this section:
1. Withhold the processing and issuance of a construction permit, or withhold a discretionary approval, or withhold both, that the city otherwise might have issued for that property; or
2. Revoke a construction permit for which construction has not begun on the property, or revoke a discretionary approval, or revoke both, that the city previously had approved or had issued for that property.
B. Maximum Period. The city may take the action described in subsection (A) of this section for a period of time not to exceed ten (10) years from the date on which the city had discovered the protected indigenous tree’s destruction, removal, or damage on the property.
C. Persons Subject to Building and Development Moratorium. Subsections (A) and (B) of this section apply to any one (1) of the following persons:
1. The property owner;
2. A person who has an existing and perfected interest in the property, including a legal, equitable, financial, or leasehold interest; or
3. A person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both.
D. Commencement of Proceeding to Withhold or Revoke. After the neighborhood services administrator, or the director, or either one’s designee, has inspected the property and has determined that a person has destroyed, removed, or damaged one (1) or more protected indigenous trees on the property, the director, upon consideration of the factors listed under subsections (H)(4)(a) through (d) of this section:
1. May recommend that the city proceed under subsection (A) of this section;
2. Shall propose a period of time, under subsection (B) of this section, during which a permit, or a discretionary approval, or both, will be withheld, or revoked, or both; and
3. Shall prepare a written notice, in accordance with subsection (E) of this section.
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27 E. Notice. When the director decides that the city will proceed under subsection (A) of this section, the director shall give the persons listed in subsections (F)(1)(a)(i) through (iii) of this section a written notice, which must state:
1. The street address;
2. The assessor’s parcel number or the property’s legal description;
3. The director has determined that a protected indigenous tree on the property was destroyed, removed, or damaged in violation of Chapter 12.44 of the Glendale Municipal Code, 1995;
4. Under Glendale Municipal Code subsection 12.44.140(A), the city intends to impose a moratorium on the property’s development, construction, or improvement by taking any one (1) or more of the following actions:
a. Withholding issuance of a construction permit, or withholding a discretionary approval, or withholding both, that the city otherwise might have issued for the property; or
b. Revoking a construction permit for which construction has not begun on the property, or revoking a discretionary approval; or revoking both, that the city previously had approved or had issued for the property;
5. The start date and end date of the period of time during which the city’s proposed action on one (1) or more permits, discretionary approvals, or both, will be in effect;
6. Within seven (7) calendar days after the date on which the director’s notice was personally delivered or deposited in the mail, the city will post on the property, and deliver to the Los Angeles County Recorder to record against the property, a notice that describes the city’s intention of imposing a restriction on the property’s development, construction, or improvement for a fixed period of time;
7. Not later than forty-five (45) calendar days after the date on which the director’s notice was personally delivered or deposited in the mail, the property owner, or a person who has an existing and perfected interest in the property, including a legal, equitable, financial, or leasehold interest, may appeal the city’s proposed action on one (1) or more permits, discretionary approvals, or both, by submitting to the director a written request for a hearing with the city’s building and fire board of appeals;
8. If the person fails to request a hearing within the 45-day time period, the person will waive all rights to an administrative hearing and a determination of the matter;
9. If the person submits a timely hearing request, the building and fire board of appeals will determine the issues listed under subsections (H)(4)(a) through (d) of this section;
10. At the hearing, the director and the person may submit and refute evidence, present and cross-examine witnesses, and have an attorney or other individual act as a representative; and
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28 11. The person may appeal the building and fire board of appeals’ decision to the city council within the time and in the manner provided in chapter 2.88 of the Glendale Municipal Code.
F. Service of Notice.
1. The director shall serve the notice described in subsection (E) of this section, a copy of chapter 12.44, and any amended or supplemental notice:
a. On:
i. The property owner;
ii. A person who has an existing and perfected interest in the property, including a legal, equitable, financial, or leasehold interest, as revealed by either a title search of the property or a Glendale Water and Power utility record; or iii. A person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both. b. By:
i. Personal delivery; or
ii. “Certified” United States Mail, first class postage prepaid, return receipt requested.
c. At the person’s address, as known by the director or as it appears on:
i. The Los Angeles County Assessor’s latest secured real property assessment roll;
ii. The title document;
iii. The Glendale Water and Power utility record; or
iv. The application for a construction permit or a discretionary approval.
2. If a person’s address is not listed on one (1) of the documents described in subsection (F)(1)(c) of this section, or is not known by the director, then the director shall mail a copy of the notice to the person, at the address of the property on which the protected indigenous tree was destroyed, removed, or damaged.
3. Notice to a person in the manner described in subsection (F)(1)(c), (F)(2), or (J)(1)(c) of this section becomes effective, and is deemed duly served, given, delivered, made, or communicated, on the date personal delivery actually occurs or, if mailed:
a. Five (5) calendar days after deposit in the United States mail, if the person’s address is within the State of California;
b. Ten (10) calendar days after deposit in the United States mail, if the person’s address is outside the State of California, but within the United States; or c. Twenty (20) calendar days after deposit in the United States mail, if the person’s address is outside the United States.
4. The city’s failure to serve a person, or to serve a person in the manner that this subsection allows, does not:
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29 a. Invalidate, alter, postpone, delay, cancel, or extinguish any remedy, relief, penalty, hearing, proceeding, or action authorized under this section, or chapter 12.44, as to another person whom the city duly served; or
b. Relieve another person, whom the city duly served, from fully performing or fulfilling a duty or obligation imposed by this section or chapter 12.44 G. Request for Hearing.
1. Not later than forty-five (45) calendar days after the date on which the notice in subsection (E) of this section was personally delivered or deposited in the mail, the property owner, or a person who has an existing and perfected interest in the property, including a legal, equitable, financial, or leasehold interest, may dispute the city’s proposed action on one (1) or more permits, discretionary approvals, or both, by submitting to the director a written request for a hearing with the city’s building and fire board of appeals.
2. If a person fails to request a hearing within the 45-day time period, the person waives all rights to an administrative hearing and a determination of the matter.
H. Hearing—Setting Date; Issues for Determination. The building and fire board of appeals shall:
1. Set the initial hearing on a date not earlier than fourteen (14) calendar days, and not later than sixty (60) calendar days, after the date on which the notice in subsection (E) of this section was personally delivered or deposited in the mail;
2. Order a postponement or a continuance of a hearing at any time, regardless of whether evidence has been presented, when the building and fire board of appeals determines it is necessary to do so to further the interests of justice and fairness;
3. Conduct the hearing “de novo”; and
4. Determine by a preponderance of the evidence:
a. Whether one (1) or more protected indigenous trees on the property was destroyed, removed, or damaged, in violation of this chapter, by:
i. The property owner;
ii. A person who was acting: (1) On the property owner’s behalf; (2) At the property owner’s direction; or
(3) With the property owner’s knowledge, authorization, permission, or consent; or iii. The person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both; b. Whether the property owner, or the person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both, is a purchaser in good faith and for valuable consideration, who acquired title to the property:
i. After the unlawful destruction, removal, or damage of one (1) or more protected indigenous trees; and
ii. Before the posting or recording of the notice described in subsection (L)(1)(a) or (b) of this section;
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30 c. Whether the facts or circumstances make a restriction on the property’s development, construction, or improvement for a fixed period of time an appropriate remedy for the unlawful destruction, removal, or damage of one (1) or more of the property’s protected indigenous trees. In making this determination, the building and fire board of appeals shall consider the following factors:
i. The number of protected indigenous trees destroyed, removed, or damaged; ii. The size and age of each protected indigenous tree destroyed, removed, or damaged;
iii. For one (1) or more protected indigenous trees that were not removed from the property, but were destroyed or damaged, whether partially, fully, temporarily, or otherwise:
(1) The manner or method of each protected indigenous tree’s destruction or damage; and
(2) The extent or degree of each protected indigenous tree’s destruction or damage;
iv. When the destruction, removal, or damage occurred to one (1) or more of the property’s protected indigenous trees, the property owner, or the person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both:
(1) Knew it was unlawful to cut, remove, prune, encroach upon, or move the protected indigenous tree or trees; or to do so without obtaining a permit from the city; or
(2) Intended to destroy, remove, or damage the protected indigenous tree or trees.
In making a determination of the person’s knowledge or intent, the building and fire board of appeals may consider any one (1) or more of the following facts or circumstances:
(3) Previously the person applied for a protected indigenous tree permit from the city;
(4) Previously the city denied the person a protected indigenous tree permit; (5) Previously the city or another individual told the person, verbally or in writing, about either the existence of a protected indigenous tree on the property, or the city’s requiring a permit to cut, remove, encroach upon, or move a protected indigenous tree; (6) Previously the person violated a law that either regulates a tree’s protection or prohibits a person from cutting, removing, encroaching upon, moving, damaging, or destroying a heritage, historic, landmark, legacy, native, or specimen tree; (7) The person’s reason or purpose for destroying, removing, or damaging one (1) or more of the protected indigenous trees;
(8) The person had a plan or scheme to destroy, remove, or damage one (1) or more of the protected indigenous trees;
(9) The person did not destroy, remove, or damage one (1) or more of the protected indigenous trees by mistake or accident; or
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31 (10) Any other relevant fact or circumstance; and
d. The start date and end date of the period of time during which one or more permits, discretionary approvals, or both, will be withheld, or revoked, or both, if the building and fire board of appeals, under subsection (H)(4)(c) of this section, has decided to impose a restriction on the property’s development, construction, or improvement.
I. Hearing—Evidence and Testimony. At the hearing:
1. The person who requested the hearing may:
a. Submit evidence, testimony, and argument that the person deems relevant to the issues that the building and fire board of appeals will decide; b. Refute the evidence and testimony presented by the director or other city representatives; and
c. Have an attorney or other individual act as the person’s representative.
2. The director may:
a. Submit evidence, testimony, and argument that the director deems relevant to the issues that the building and fire board of appeals will decide; b. Refute the evidence and testimony presented by the person or the person’s representative; and
c. Have an attorney or other individual act as the director’s representative.
J. Decision.
1. Not later than forty-five (45) calendar days after the hearing’s conclusion, the building and fire board of appeals shall:
a. Decide the matter upon the record;
b. Prepare a written decision that contains findings of fact; and c. Serve the written decision on the person or persons who requested the hearing and on any person or persons who attended the hearing and requested to be notified of the board’s decision, by:
i. Personal delivery; or
ii. “Certified” United States mail, first class postage prepaid, return receipt requested.
2. The failure of the building and fire board of appeals to perform the acts described in subsection (J)(1) of this section shall not invalidate any decision of the board. Alternately, no person or persons who requested a hearing shall be denied the ability to appeal any final decision of the building and fire board of appeals to the city council by reason of the board’s failure to perform the acts described in subsection (J)(1) of this section.
K. Appeal.
1. The director, the person or persons who requested a hearing, or any person whose property interest may be affected by the final decision of the building and fire board of appeals and who specifically requested to be notified of the board’s decision 418 of 468
32 can appeal such final decision to the city council within the time and in the manner provided in chapter 2.88 of the Glendale Municipal Code. Timely filing of the notice of appeal is a jurisdictional requirement.
2. California Code of Civil Procedure Section 1094.6 applies to a petition for judicial review of an adjudicatory administrative decision of the city council. Unless a shorter statute of limitation is applicable, a petition for judicial review must be filed not later than the ninetieth day following the date on which the city council’s decision becomes final, which occurs on the date that the city council adopts its decision.
L. Posting and Recording of Preliminary or Permanent Notice of Restriction.
1. Within seven (7) calendar days after the date on which the notice in subsection (E) of this section was personally delivered or deposited in the mail, the director shall:
a. Post on the property a notice, which meets the requirements listed in subsection (L)(3) of this section, that describes:
i. The city’s intention of imposing a restriction on the property’s development, construction, or improvement for a fixed period of time; ii. The length of time of the proposed restriction;
iii. The persons subject to the proposed restriction; iv. The persons who may request a hearing on the proposed restriction; and v. The telephone number to obtain more information.
b. Deliver to the Los Angeles County Recorder, to record against the property, a document that:
i. Contains the information described in subsections (L)(1)(a)(i) through (v) of this section, to impart constructive notice to subsequent purchasers or subsequent lienholders of the city’s intention to impose a restriction on the property’s development, construction, or improvement; and
ii. Complies with the property identification requirements of California Government Code Section 27281.5 or any successor legislation.
2. Within seven (7) calendar days after the date on which either the building and fire board of appeals’ notice of decision becomes final and non-appealable, or the city council adopts a resolution setting forth a decision and findings of fact, the director shall:
a. Post on the property a notice, which meets the requirements listed in subsection (L)(3) of this section, that describes:
i. The city’s restriction on the property’s development, construction, or improvement for a fixed period of time;
ii. The length of time of the restriction;
iii. The persons subject to the restriction; and
iv. The telephone number to obtain more information.
b. Deliver to the Los Angeles County Recorder, to record against the property, a document that:
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33 i. Contains the information described in subsections (L)(2)(a)(i) through (iv) of this section, to impart constructive notice to subsequent purchasers or subsequent lienholders of the city’s restriction on the property’s development, construction, or improvement; and
ii. Complies with the property identification requirements of California Government Code Section 27281.5 or any successor legislation.
3. The notice described in subsection (L)(1)(a) or (2)(a) must be:
a. Posted in a conspicuous place, clearly visible, in one (1) or more of the following locations:
i. On or in front of the property, and if the property exceeds one (1) acre in area, at intervals of not more than three hundred (300) feet along or near the property’s boundary; or
ii. At or near an entrance to a building or a structure on the property; b. Not less than fourteen (14) by twenty (20) inches in size; c. Printed in not less than 16-point type; and
d. Printed in black letters against a white or yellow background.
4. Notice to a person in the manner described in subsection (L)(3) of this section becomes effective, and is deemed duly served, given, delivered, made, or communicated, on the date posting actually occurs.
5. No person shall alter, deface, hide, destroy, remove, cancel, rescind, or withdraw a notice, document, or sign that this chapter authorizes.
M. Exemption. This subsection’s provisions do not apply to:
1. A purchaser, or to the purchaser’s agent, who, in good faith and for valuable consideration, acquired title to the property:
a. After the unlawful destruction, removal, or damage of the protected indigenous tree; and
b. Before the posting or recording of the notice described in subsection (L)(1)(a) or (b) of this section.
2. A construction permit or a discretionary approval that the city requires to:
a. Maintain the health, safety, or welfare of one (1) or more individuals occupying an existing building or structure on the property; or
b. Protect or safeguard an existing building or structure on the property from damage, destruction, or deterioration.
12.44.150 Special assessment lien against property.
The city council may pass a resolution to place a lien on the real property upon which the violation occurred to collect any unpaid administrative fine(s) as a special assessment against the real property. The resolution shall further direct that the city clerk shall file with the county auditor and the county tax assessor and tax collector certified copies of the resolution. The clerk shall direct the auditor to enter the amounts 420 of 468
34 of the fines against the real property described in the resolution as it appears on the current assessment roll. The amount of the fines shall constitute a lien against the real property against which the fines have been imposed. The tax collector shall include the amount of the fines on bills for taxes levied against the real property. Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the city and shall be subject to the same penalties and interest upon delinquent payment.
For any special assessment lien imposed under this chapter, once payment in full has been received by the city, the city clerk shall either record a notice of satisfaction or provide the property owner or applicable financial institution with a notice of satisfaction so they may record such notice with the office of the Los Angeles County Recorder. The notice of satisfaction shall cancel the city’s lien.
12.44.160 Non-liability of City
Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city or upon any of its officers or employees. The person in possession of any property shall have a duty to keep the trees upon the property and under their control in a safe, healthy condition.
SECTION 5. 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”) because no possibility exists that the activity in question may have a significant effect on the environment (Section 15061(b)(3)), and because it falls under the categorical exemptions for Inspections (Section 15309) and Enforcement Actions by Regulatory Agencies (Section 15321).
SECTION 6. Severability.
This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the
SECTION 7. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
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35 Adopted by the Council of the City of Glendale on the _______ day of ________, 2023. ______________________________
Mayor
ATTEST:
___________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ________________, 2023, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk
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ORDINANCE NO. _______________________
AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA AMENDING PORTIONS OF TITLES 16 AND 30 OF THE GLENDALE MUNICIPAL CODE, 1995,
REGARDING TREE-RELATED ZONING PROVISIONS
WHEREAS , the City Council has directed staff to assess existing City ordinance and enhance tree protections; and
WHEREAS , the Sustainability Commission reviewed and recommended modifications to portions tree-related provisions of the Municipal Code at their February 3, 2022 meeting; and
WHEREAS , staff has followed the recommendations of the Sustainability Commission and now proposes significant updates and modifications for Chapters
12.40 and 12.44 of the Glendale Municipal Code, 1995 (“GMC”); and WHEREAS , simultaneous, minor cleanup to zoning- and subdivision-related provisions in Titles 16 and 30 are necessary to effectuate the proposed tree protections; and
WHEREAS , the proposed amendments align Titles 16 and 30 with existing City ordinance, policy, and practices; and
WHEREAS , the Planning Commission considered, and recommended approval of, these amendments to portions of Titles 16 and 30 at their February 1, 2023 meeting; and
WHEREAS , the City Council has considered the report dated March 28, 2023 detailing the scope and rationale for the proposed changes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. The above recitals are true and correct.
SECTION 2. Section 16.12.050 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
16.12.050 Additional required information.
The following items shall be submitted with the tentative tract map or tentative parcel map:
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A. A statement of the general character of the improvements proposed for the streets in the proposed subdivision shall be filed with the tentative map. This statement of intent shall include such items as street trees, lighting system, sidewalk, curb, gutter, paving, conduits, storm drains and sewers, and all public utilities, mains and services;
B. A statement of the proposed restrictions shall be furnished with the tentative map if the proposed subdivision includes private streets or common open space or is proposed to be a condominium or other joint or co-ownership type of development; C. A statement that the applicant is the owner or is legally empowered to act for the owner of the property for which the application is filed, including property which will provide access to the proposed subdivision, and showing the names of all persons, firms or corporations whose consent is necessary to pass title to all street and other easements shown on such map;
D. A soil report shall be prepared and filed for every subdivision and shall mean a report prepared by a registered civil engineer specializing in soil mechanics and shall be based upon accepted engineering principles and adequate test borings as determined suitable by the city engineer. Soil report shall set forth sufficient engineering data to explain the proposed solution to any geological hazards that may be created by the proposed grading and any structural defects which may occur due to the presence of critically expansive soils or other soil problems. Where such soil problems are found to exist, the city engineer may require a soils investigation of each lot in the subdivision. The soil report may be waived if the city engineer determines that knowledge exists of the soil qualities of the subdivision; E. A plan for drainage and for handling stormwater;
F. A vicinity map showing all adjacent property and streets together with the zoning designations for such properties;
G. A proposed street tree planting plan;
H. A preliminary grading plan of sufficient detail to show the height, length and width of cut and fill slopes; adequate cross-sections to indicate the character of grading; street slopes; pad slopes; areas subject to protection by this code or the general plan; and a remedial plan to show how potential problem areas or slope failures could be corrected in areas proposed for cut slopes steeper than one and one-half (1½) horizontal to one (1) vertical should the need arise. Said preliminary grading plan shall be an accurate representation of a project which is capable of being implemented without substantial change subsequent to tentative tract or tentative parcel map approval;
I. A preliminary seismic study which shall include, but not be limited to, the identification of seismic hazards, conclusions and recommendations regarding the 424 of 468
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effect of seismic conditions on the proposed development, opinions and recommendation covering the adequacy of the site to be developed in light of seismic conditions, and design criteria to mitigate any identified seismic hazards.
This report shall be completed by a professional geologist registered with the state of California and experienced in the science of seismicity and seismic investigation; J. A preliminary hydrology report which shall estimate the quality of all runoff and debris from on-site sources and from off-site uphill watershed tributary to the project site, and which shall consider each lot or dwelling unit site in the proposed subdivision. Los Angeles County flood control district criteria shall be utilized to compute runoff and debris amounts. This report shall be completed by a registered civil engineer experienced in the science of hydrology and hydrologic investigation; K. A preliminary landscape plan which shall show the location of all existing trees with trunks over eight (8) six (6) inches in diameter located on the site and within twenty (20) feet of the site, with protected indigenous trees depicted as required per Section
12.44. The plan shall indicate which trees are to be retained or removed, and shall indicate the generalized type and extent of proposed landscaping, including a description of the provisions for ongoing maintenance and irrigation thereof. Such plan shall be prepared by a licensed landscape architect and shall be certified by the tract geologist that the proposed landscaping is compatible with the proposed grading plan and with the soil conditions of the site;
L. A “preliminary schematic plan” showing the architecture, location of building envelopes, and grading necessary for all proposed buildings within the proposed subdivision if the subdivision is located in the RIR or ROS zone; M. Three-dimensional scale models showing existing topography and proposed development; after review of the models, the director of community development may require a computer model of the project site prepared according to his/her specifications;
N. Certified public notice mailing labels for all owners of real property shown on the last equalized assessment roll as owning real property located within a radius of three hundred (300) feet of the exterior boundaries of the property which is the subject of the proposed tentative map and to provide a property ownership map keyed to the mailing labels.
SECTION 3. Section 16.24.050 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
16.24.050 Tentative tract map requirements.
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A. Each tentative map shall have a minimum dimension of not less than eighteen (18) inches by twenty-six (26) inches. The scale of the map shall be large enough to show clearly all details thereof, but in no case is to be smaller than one (1) inch equals one hundred (100) feet.
B. The tentative map shall show the following matters:
1. The tract number as secured from the county engineer;
2. The approximate boundaries of the property subdivided and its relation to other recorded subdivisions or recognized property lines;
3. Names and addresses of record owner and owners of property immediately abutting;
4. Name and address of the subdivider;
5. Name and address and registration number, certificate, or other acceptable evidence of professional certification;
6. Location, size and character of all existing public utility facilities in the proposed subdivision or adjacent thereto;
7. The locations, existing or recommended names, and widths of all existing or proposed streets and freeways in or adjacent to the subdivision and their approximate grades;
8. The approximate width and location of all existing and proposed easements, whether public or private, for streets, drainage, sewerage and public utilities;
9. Approximate radius of each curve;
10.Approximate lot layout and lot numbering, and approximate dimensions for each lot;
11.Area of each lot in the tract and total area of the subdivision;
12.Approximate boundaries of areas subject to inundation, stormwater overflow, and the location, width, and direction of flow of all water sources;
13.Existing use or uses of property and to scale, outline of any existing buildings not to be moved in the development of the subdivision and their relation to existing or proposed streets and lot lines;
14.Statement of present use zone and proposed use or uses of property; 426 of 468
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15.Proposed public areas to be dedicated;
16.Location of all trees or stands or trees over eight (8) six (6) inches in diameter in the area proposed for subdivision, with protected indigenous trees depicted as required per Section 12.44;
17.Reserve strips, walls or other devices for controlling access to adjacent property;
18.Date, north arrow and scale;
19.The location of any areas designated for parks, schools or other public use.
SECTION 4. Section 16.24.060 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
16.24.060 Additional required information.
The following items shall be submitted with the tentative tract map or tentative parcel map:
A. A statement of the general character of the improvements proposed for the streets in the proposed subdivision shall be filed with the tentative map. This statement of intent shall include such items as street trees, lighting system, sidewalk, curb, gutter, paving, conduits, storm drains and sewers, and all public utilities, mains and services;
A statement of the proposed restrictions shall be furnished with the tentative map if the proposed subdivision includes private streets or common open space or is proposed to be a condominium or other joint or co-ownership type of development; B. A statement that the applicant is the owner or is legally empowered to act for the owner of the property for which the application is filed, including property which will provide access to the proposed subdivision, and showing the names of all persons, firms or corporations whose consent is necessary to pass title to all street and other easements shown on such map;
C. A soil report shall be prepared and filed for every subdivision and shall mean a report prepared by a registered civil engineer specializing in soil mechanics and shall be based upon accepted engineering principles and adequate test borings as determined suitable by the city engineer. The soil report shall set forth sufficient engineering data to explain the proposed solution to any geological hazards that may be created by the proposed grading and any structural defects which may occur due to the presence of critically expansive soils or other soil problems. Where such soil problems are found to exist, the city engineer may require a soils investigation of 427 of 468
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each lot in the subdivision. The soil report may be waived if the city engineer determines that knowledge exists of the soil qualities of the subdivision; D. A plan for drainage and for handling stormwater;
E. A vicinity map showing all adjacent property and streets together with the zoning designations for such properties;
F. A proposed street tree planting plan;
G. A preliminary grading plan of sufficient detail to show the height, length and width of cut and fill slopes; adequate cross-sections to indicate the character of grading; street slopes; pad slopes; and areas subject to protection by this code or the general plan. Said preliminary grading plan shall be an accurate representation of a project which is capable of being implemented without substantial change subsequent to tentative tract or tentative parcel map approval;
H. A preliminary seismic study which shall include, but not be limited to, the identification of seismic hazards, conclusions and recommendations regarding the effect of seismic conditions on the proposed development, opinions and recommendation covering the adequacy of the site to be developed in light of seismic conditions, and design criteria to mitigate any identified seismic hazards.
This report shall be completed by a professional geologist registered with the State of California and experienced in the science of seismicity and seismic investigation; I. A preliminary hydrology report which shall estimate the quality of all runoff and debris from on-site sources and from off-site uphill watershed tributary to the project site, and which shall consider each lot or dwelling unit site in the proposed subdivision. Los Angeles County flood control district criteria shall be utilized to compute runoff and debris amounts. This report shall be completed by a registered civil engineer experienced in the science of hydrology and hydrologic investigation; J. A preliminary landscape plan which shall show the location of all existing trees with trunks over eight(8) six(6) inches in diameter located on the site and within twenty (20) feet of the site, with protected indigenous trees depicted as required per Section
12.44. The plan shall indicate which trees are to be retained or removed, and shall indicate the generalized type and extent of proposed landscaping, including a description of the provisions for ongoing maintenance and irrigation thereof. Such plan shall be prepared by a licensed landscape architect and shall be certified by the tract geologist that the proposed landscaping is compatible with the proposed grading plan and with the soil conditions of the site;
K. A “preliminary schematic plan” showing the architecture, location of building envelopes, and grading necessary for all proposed buildings within the proposed subdivision if the subdivision is located in the R1R or ROS zone; 428 of 468
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L. Three-dimensional scale models showing existing topography and proposed development; after review of the models, the director of community development may require a computer model of the project site prepared according to his/her specifications;
M. Certified public notice mailing labels for all owners of real property shown on the last equalized assessment roll as owning real property located within a radius of five hundred (500) feet of the exterior boundaries of the property which is the subject of the proposed tentative map, and for all occupants of such properties, and to provide a property ownership and occupant map keyed to the mailing labels.
SECTION 5. Section 30.26.080 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.26.080 Tree trimming.
Trees within the public rights-of-way and private property shall not be removed if required as part of any discretionary approval, and shall not be unnecessarily pruned or over pruned to allow better visibility of the signs allowed by the ASOZ. No pruning shall occur to City trees without the approval of the director of public works.
SECTION 6. Section 30.32.160 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.32.160 Landscaping of parking and loading areas.
All parking and loading areas except temporary parking areas used according to the standards of Section 30.32.140 of this code shall be landscaped as follows:
A. Landscaping Adjoining Street Right-of-Way. Whenever any parking or loading area adjoins a street right-of-way, a planting strip a minimum of five (5) feet wide, exclusive of the curb, shall be established and continuously maintained and landscaped between the right-of-way and such area. Where a parking area consists of an outdoor vehicle storage or sales display area for vehicle sales, leasing and rental agencies in the CA zone, the planting strip shall only be required to be a minimum of thirty (30) inches wide. This requirement shall not apply to enclosed parking areas having no building openings directly facing a street and having a finished floor elevation above the parking area which is two (2) feet or less above grade. Any planting within the required planting strip that is within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches.
Artificial turf shall not be permitted.
B. Interior parking Lot Landscaping.
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1. Landscape area. Not less than five (5) percent of the interior parking lot area shall be landscaped, except for parking areas located in enclosed structures.
Planting along the exterior perimeter of a parking lot shall not be considered as part of the required interior landscaping. The reviewing authority may allow up to two-fifths (2/5) of the required interior landscaping to be decorative walkways which provide pedestrian paths through the parking lot. Such paths shall be constructed of permeable materials and shall be lined with trees to the satisfaction of the reviewing authority and shall be integrated into the overall design for the lot. Artificial turf shall not be permitted.
2. Trees. At least one (1) 24-inch box tree for every six (6) spaces or major fraction thereof shall be included in the development of the landscape program, unless the parking area is used solely for vehicle display and storage of vehicle inventory. At least one (1) 24-inch box tree for every twelve (12) spaces or major fraction thereof shall be included for parking areas used solely for vehicle display and storage of vehicle inventory. Trees are not required in parking areas less than ten thousand (10,000) square feet in area used solely for vehicle display and storage of vehicle inventory. Trees must be dispersed throughout the parking lot unless the parking area is used solely for vehicle display and storage of vehicle inventory. Trees required for parking areas used solely for vehicle display and storage of vehicle inventory may be planted in any location on the subject lot. Trees should not be planted in the middle of the width of parking spaces. The use of species of trees to match street trees on adjacent streets should be considered. A mix of species within parking lots is encouraged. Uplighting of trees is permitted. Planters for canopy trees as listed in Table 30.32 D must have a minimum dimension of five (5) feet interior dimension, up to two (2) feet of which dimension may be overhang beyond a wheel stop of a parking space. The overhang beyond the wheelstop may not be included in calculating required area of landscaping; however, planters for all trees with a spread at maturity of less than 25 feet may must have a minimum dimension of three (3) feet, and wheelstops must be placed so that cars do not overhang into these planters.
3. Tree species. At least seventy five (75) percent of the The trees used shall be trees with a spread at maturity of at least twenty-five (25) feet, and any tree species of combination of tree species designated in the department of public works community forest management plan master designated street tree list. Of those species with the mandated planter size listed in Table 30.32D, below.
Alternative canopy trees may be used, subject to approval of the species and the planter size by the director of public works urban forester. All trees required for parking areas used solely for vehicle display and storage of vehicle inventory may be any species that grows to a height of at least ten (10) feet at maturity.
4. Unused areas. All areas in a parking lot not used for driveways, maneuvering areas, parking stalls and walks, shall be permanently landscaped with suitable materials and maintained. Parking lot landscaping must be distributed throughout parking areas and may not be concentrated in one (1) area only. 430 of 468
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Table 30.32-D
Specie Palette City of Glendale
Minimum
Planter
Dimension
Botanical Name Common Name Height Spread Type
5 feet Cercis canadensis Eastern Redbud 35 30 deciduous 5 feet Chitalpa tashkentensis Chitalpa 25 25 deciduous
5 feet Pyrus c. ‘Aristocrat’ Aristocrat Pear 30 40 deciduous 5 feet Pyrus c. ‘Redspire’ Redspire Pear 35 25 deciduous 5 feet Agonis flexuosa Peppermint Tree 35 35 evergreen
5 feet Albizia julibrissen Silk Tree 40 40 deciduous
5 feet Brachychiton acerfolia Flame Tree 40 30 evergreen 5 feet Brachychiton
populenum Bottle tree 50 40 evergreen
5 feet Calocedrus decurens Incensce Cedar 30 60 evergreen 5 feet Calodendron capense Cape Chestnut 40 40 semi
5 feet Geijera parvifolia Australian Willow 40 25 evergreen 5 feet Ginkgo biloba Maidenhair Tree 60 40 deciduous
5 feet Jacaranda mimosifolia Jacaranda 40 50 semi
5 feet Koelreuteria elegans Flamegold 30 30 deciduous
5 feet Koelreuteria
paniculata Goldenrain Tree 25 25 deciduous
5 feet Liriodendron tulipifera Tulip Tree 80 40 deciduous 5 feet Magnolia g. ‘Samuel
Sommer’,
Samuel Sommer
Magnolia 40 30 evergreen
5 feet
Magnolia g. ‘St. Mary,
‘San Marino’, ‘Little
Gen’
St. Mary Magnolia,
San Marino
Magnolia, Little Gem
Magnolia
15 20 evergreen
5 feet Melaleuca linarifolia Flaxleaf Paperbark 30 30 evergreen 5 feet Metrosederos excelsus New Zealand
Christmas Tree 40 40 evergreen
5 feet Pinus eldarica Afghan Pine 60 50 evergreen
5 feet Pistachia chinensis Chinese Pistache 40 40 deciduous 5 feet Quercus ilex Holly Oak 50 50 evergreen
5 feet Sapium sebiferum Chinese Tallow Tree 40 35 deciduous 5 feet Tabebuia avellanedae Pink Trumpet Tree 30 30 deciduous 5 feet Ulmus p. ‘Drake’ Drake Elm 60 70 semi
5 feet Ulmus p. ‘True Green’ True Green Elm 60 70 semi
8 feet Koelreuteria bipinnata Chinese Flame Tree 50 50 deciduous 8 feet Liquidambar s.
‘Burgundy’ Burgundy Sweetgum 60 35 deciduous
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8 feet Liquidambar s.
‘Festival’ Festival Sweetgum 60 35 deciduous
8 feet Liquidambar s. ‘Palo
Alto’ Palo Alto Sweetgum 60 35 deciduous
8 feet Liquidambar s.
‘Rotundiloba’
Round-Leafed
Sweetgum 60 35 deciduous
8 feet Liquidambar
styraciflua American Sweetgum 60 35 deciduous
8 feet Lophostemon confertus Brisbane Box 60 40 evergreen 8 feet Platanus acerifolia London Plane Tree 60 40 deciduous 8 feet Platanus racemosa California Sycamore 50 100 deciduous 8 feet Podocarpus gracilior Fern Pine 60 60 evergreen
8 feet Quercus agrifolia Coast Live Oak 70 80 evergreen 8 feet Quercus engelmannii Mesa Oak 60 80 evergreen
8 feet Quercus rubra Northern Red Oak 60 90 deciduous
8 feet Quercus virginiana Southern Live Oak 60 100 evergreen 8 feet Ulmus americana American Elm 80 80 deciduous
8 feet Zelkova serrata Sawleaf Zelkova 40 40 deciduous
C. Concrete Curb. All landscaped areas along the perimeter of a parking lot or structure and within the interior of parking lots shall be bordered by a concrete curb a minimum of five (5) inches high adjacent to the parking surface and the property line where there is no building or wall. Such concrete curb shall not be counted as part of any landscaped areas. All required landscape planter beds in interior parking areas shall be not less than three (3) feet wide. Continuous curbing must be provided, except for the minimum number of breaks in the curbing to accommodate storm water runoff, to the satisfaction of the director of public works.
D. Irrigation System. A permanent and automatic irrigation system shall be installed and maintained in all landscaped areas to insure proper maintenance of plant materials.
E. Materials. Landscaping shall include shrubs, trees, vines, ground cover, hedges, flowers, bark, chips, decorating cinders, gravel, or similar material which will improve the appearance of parking areas.
F. Maintenance. All landscaping shall be installed and maintained in such a manner as to not interfere with maintenance or repair of any utility, not restrict pedestrian or vehicular access, and not constitute a traffic hazard due to reduced visibility.
G. Landscaping adjacent Residential Zones. See Section 30.31.030 for requirements of landscaping when commercial or industrial zones are adjacent residential zones.
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H. Additional Regulations in the PS Overlay Zone. See Section 30.31.020 for additional requirements for the PS overlay zone.
SECTION 7. Section 30.47.040 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:
30.47.040 Standards
In consideration of applications for design review, the review authority shall be guided by the intent and purpose of Section 30.47.010 and the standards set forth in this section. The design review board shall adopt written guidelines consistent with such intent, purposes, and standards, as it may deem necessary to properly exercise its powers and duties. Such guidelines shall be approved by the city council and shall be kept on file in the office of the director of community development, and a copy thereof shall be furnished to any person upon request. Within the DSP zone, all design review shall be subject to the guidelines and standards established by the downtown specific plan.
For the purposes of this section, the term “review authority” shall mean the design review board, the city council, the director of community development, the historic preservation commission, or the arts and culture commission, as applicable.
A. The review authority shall ensure that all projects are consistent with adopted community plans.
B. The following standards and criteria may be utilized by the review authority which may require changes in materials, color, general design and layout, projections in the vertical or horizontal plane or such other design changes as may be necessary.
1. In addition to the height and minimum setback requirements set forth for the zone in which the property is located, changes in material, height, projections in the vertical or horizontal plane or similar façade changes should be encouraged on visible exterior building walls. Primary attention shall be given to those sides visible from the public right-of-way.
2. The appropriateness of a new or remodeled building to the zoning and area within which it is located, surrounding architectural design, scale and streetscape appearance should be considered provided they are in keeping with the intent and purpose of this chapter. Integrated and harmonious design themes are encouraged, including the use of consistent materials, colors, textures and signs on exposed building walls. New development or remodeling should be designed in such a way as to upgrade the appearance and quality of the area and be harmonious with existing improvements.
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3. Conflicting relationships to adjacent buildings, structures, improvements and uses should be avoided as appropriate to the zone and area. For buildings in the R1, R1R or ROS zones, new development or remodeling that includes more than one (1) story in height shall continue to allow reasonable access to natural light for buildings in the R1, R1R and ROS zones, and shall not unreasonably impact the privacy of buildings and outdoor spaces in the R1, R1R and ROS zones.
Privacy shall be judged by the view from the living room, den, study, family room, great room, library, dining room or balconies (greater than twenty-five (25) square feet) of the new development into the buildings and backyard outdoor space of existing buildings. For new development and remodeling in the R 1, R1R and ROS zones, consideration shall be given to the placement of windows in the new development vis-à-vis the placement of windows in adjacent residential buildings.
4. Boundary and other walls should generally be of decorative masonry and/or wrought iron which is complementary in color, texture and material to the development as a whole, although it is recognized that these materials may not be appropriate in all situations (i.e., wood fencing in residential zones and chain link fencing in industrial zones).
5. Landscaping shall be integrated into the architectural scheme so as to accent and enhance the appearance of the development. Existing mature trees (including those regulated in Chapter 12.44 of this code pertaining to preservation and protection of indigenous trees) over eight (8) six (6) inches in diameter on the site and any tree within the parkway (as regulated in Chapter
12.40 of this code) as well as trees on adjacent property within twenty (20) feet of the common property line shouldshall be considered for preservation in the site planning.
6. Subject to any applicable height limits, rooftop equipment shall be incorporated into the design of the project in such a manner that it is completely enclosed on all sides or concealed from view by screening, roofing or parapets at least six (6) inches higher than the height of the uppermost part of such equipment.
7. Any dish antenna that is ground-mounted but attached to a building or structure, and any roof-mounted dish antenna, shall be designed in accord with the criteria in Section 30.34.050.
In evaluating any proposed ground-mounted dish antenna that is attached to a building or structure, any roof-mounted dish antenna, or any ground-mounted dish antenna not qualifying for exemption under the criteria of Section 30.47.020 of this chapter, the review authority shall determine whether the color would be unobtrusive, whether the dish antenna can be installed in a location and in a manner which would minimize visual intrusion while maintaining 434 of 468
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practical operation, and whether the dish can be screened so that it is suitably concealed from view, in order to promote aesthetic objectives, including, but not limited to, compatibility of neighborhood properties, the preservation of views and vistas, and the overall harmonious development of property. The criteria set forth herein shall apply only insofar as such criteria do not prevent the reception of satellite delivered signals or do not impose costs on the users of such antennas that are excessive in light of the purchase and installation costs and intended use of the dish antenna.
8. Any wireless telecommunications facility shall be designed in accord with the criteria specified in Chapter 30.48 of this title. The standards outlined elsewhere in this Section 30.47.040 notwithstanding, all wireless telecommunications facilities shall be designed in accordance with Chapter 30.48 of this title.
9. In addition to paragraphs 1 through 8 of this subsection, within designated “HD” historic district overlay zones, design review standards shall be as adopted by the city council in the citywide historic district design guidelines, as may be supplemented by the city council for each district, or any guidelines for non- residential buildings for each district as adopted by the city council at the time of designation of that district. In the event of a conflict between paragraphs 1 through 8 of this subsection A, and the citywide historic district design guidelines, and as may be supplemented by the city council for each district at the time of designation of that district, or any guidelines for non-residential buildings for each district, as adopted by the city council at the time of designation of that district, the citywide historic district design guidelines and applicable supplements thereto, and any guidelines for non-residential buildings as may be adopted by the city council for that district, shall take precedence, with the final determination of whether there is a conflict to be made by the director of community development.
C. The review authority shall ensure the compatible design of all multi-unit projects that abut a single-family zone. To accomplish this goal, the review authority shall have the authority to impose more restrictive development standards than the provisions of the zone in which the project is located. The review authority shall review each multi-unit project in terms of its impact on the single-family residential neighborhood, including, but not limited to, such design elements as window location, balconies, location of recreational facilities, entryways, and garage location. Although street setbacks are not required in the IMU, IMU-R and SFMU zones, the review authority may add conditions to ensure pedestrian activity at the street edge including the location of building entrances and surface parking lots and the use of setback areas as plazas, open space, or other active uses. In the IMU, IMU-R and SFMU zones, façades on the corner cutoff areas at intersections should incorporate significant architectural design features (e.g., a tower). The review authority may require transitional height increases in order to promote a visual transition between the single-family neighborhood and multiple-family zone and to ensure that adequate landscape buffering is provided and permanently maintained. The review authority 435 of 468
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shall also consider the multiple dwelling building façades, roof designs, and use of materials and colors to ensure compatibility with the architectural design elements generally found in the neighboring single-family zone.
D. The review authority shall ensure single-family design that is compatible with the character inherent within the surrounding neighborhood. Primary emphasis on what constitutes a neighborhood should generally be given to the existing development pattern within three hundred (300) feet of the subject property. Special attention should also be placed on ensuring a positive design relationship with the adjacent developments and developments on the block on which the proposed project is located. The director of community development shall have the discretion to consider an alternate area to be the neighborhood of primary emphasis. To accomplish compatibility, the review authority shall review each single-family residential project in terms of its specific impact on the surrounding single-family neighborhood, including, but not limited to, such design elements as massing, scale, height, setback, landscaping, impacts from average current slopes exceeding fifty (50) percent and grading of more than one thousand five hundred (1,500) cubic yards and window location. The review authority shall consider the setbacks of buildings and structures on adjacent properties and ensure that a project’s proposed height and setback promote a visual transition between the project and neighboring buildings. The review authority shall also consider garage location and design to promote compatibility with neighborhood patterns. The review authority shall also consider the single-family building façades, roof designs, and use of material and colors to ensure compatibility with the architectural design elements generally found in the surrounding single-family zone.
E. Decisions related to development in the ROS and R1R zones shall consider the hillside development review policy contained in Section 30.11.040(A).
F. The review authority shall ensure that sign programs are consistent with the following standards:
1. Signs shall be compatible with the project architecture and the surroundings including significant landscape features.
2. Signs shall not unduly compete with or obstruct other business signs, obstruct traffic signals, detract from the architectural features of the neighborhood, or create visual clutter.
3. The sign program shall exhibit a harmonious design, mounting and illumination theme for the entire lot or site.
4. The sign program shall be consistent with any applicable plans or guidelines.
G. The review authority shall ensure that murals are consistent with the following standards:
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1. Murals shall not constitute any form of commercial advertisement.
2. Murals shall not contain any obscenity.
3. Murals shall not cause the removal of required landscaping.
4. Murals must be durable and capable of being well maintained.
5. Murals shall be located on existing walls.
H. The review authority shall ensure that creative signs are consistent with the following design criteria:
1. Design quality. The sign shall:
a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
b. Be of unique design, and exhibit a high degree of creativity, thoughtfulness, imagination, inventiveness, and spirit; and
c. Provide strong graphic and artistic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion. d. Inventive representation of the use, name, or logo of the structure or business.
2. Contextual criteria. The sign shall contain at least one (1) of the following elements:
a. Symbols or imagery relating to the entertainment, creative, or design industries;
b. Creative image reflecting current or historic character of the city or neighborhood;
c. Classic historic design style.
3. Architectural criteria. The sign shall:
a. Utilize or enhance the architectural elements of the building; and b. Be placed in a logical and proportional location in relation to the overall composition of the building’s façade and not cover any key architectural features and details.
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SECTION 8. 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”) because no possibility exists that the activity in question may have a significant effect on the environment (Section 15061(b)(3)), and because it falls under the categorical exemptions for Inspections (Section 15309) and Enforcement Actions by Regulatory Agencies (Section 15321).
SECTION 9. Severability.
This Ordinance’s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance’s remaining portions and the Ordinance’s application to other persons and circumstances. The City Council declares that it would have passed the remainder of the Ordinance without the invalid or unconstitutional provision.
SECTION 10. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
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Adopted by the Council of the City of Glendale on the _______ day of ________, 2023. ______________________________
Mayor
ATTEST:
___________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, hereby certify that the foregoing Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ________________, 2023, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk
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7 RESOLUTION NO. __________
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE
ADDING AND MODIFYING ADMINISTRATIVE CITATION FINES IN THE CITYWIDE
FEE SCHEDULE FOR ENFORCEMENT OF THE PUBLIC TREE AND INDIGENOUS TREE ORDINANCES.
WHEREAS, Section 12.40.150 of the Glendale Municipal Code, 1995, authorizes the enforcement of a public tree ordinance through use of administrative citations; WHEREAS, Section 12.44.120 of the Glendale Municipal Code, 1995, authorizes enforcement of an indigenous tree ordinance through use of administrative citations; WHEREAS, Section 1.24.040 of the Glendale Municipal Code, 1995, establishes that an enforcement officer shall have the power to pursue administrative remedies, including administrative citations to enforce any and all provisions of the code; WHEREAS, Section 1.24.220 of the Glendale Municipal Code, 1995, authorizes the Council of the City of Glendale by resolution to establish the amount of fine to be assessed by means of an administrative citation;
WHEREAS, the Council finds that administrative remedies are an ideal enforcement tool in the management of the City’s urban forest; WHEREAS, the Council finds there is a need to adjust the Citywide fee schedule to make language consistent with existing public and indigenous tree ordinances, update fine amounts for the planting of trees by the City, and to introduce additional classes of fine amounts for tree removal and destruction; 440 of 468
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7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE:
The Council hereby amends the following service titles to the City-wide Fee Schedule in Chapter II – Public Works, Section 2: Maintenance Services Fees:
Public Works Tree Installation Fee – 15 gallon tree
$102 per tree
Public Works Tree Installation Fee – 24 inch box tree
$102 per tree
Public Works Tree Installation Fee – 36 inch box tree
$1,571 per tree
Public Works Tree Installation Fee – 48 inch box tree
$2,100 per tree
Public Works Tree Installation Fee – 60 inch box tree
$2,616 per tree
The Council hereby amends the following service titles and adds the following new fees to the City-wide Fee Schedule in Chapter IV – Community Development, Section 6:
Administrative Citations:
GMC.12.40.030 Public tree prohibitions
$400 1st Fine; $1000 2nd Fine; $2,000 3rd Fine
GMC.12.40.070 Public trees – permit required
$400 1st Fine; $1000 2nd Fine; $2,000 3rd Fine
GMC.12.40.140 Public tree removal – permit required 0-6” diameter $1,090 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 Public tree removal – permit required 7-12” diameter $1,770 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 Public tree removal – permit required 13-18” diameter $3,650 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 Public tree removal – permit required 19-24” diameter $6,470 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 Public tree removal – permit required 25-30” diameter $10,220 1st Fine; NA 2nd Fine; NA 3rd Fine
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7 GMC.12.40.140 Public tree removal – permit required 31-36” diameter $17,610 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 Public tree removal – permit required 36+” diameter $26,210 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 Public tree removal – uncertain diameter under 30” $10,220 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 Public tree removal – uncertain diameter over 30” $26,210 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree – removal or destruction, 6” diameter $1,090 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree - removal or destruction, 7-12” diameter $1,770 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree - removal or destruction, 13-18” diameter $3,650 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree - removal or destruction, 19-24” diameter $6,470 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree - removal or destruction, 25-30” diameter $10,220 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree - removal or destruction, 31-36” diameter $17,610 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree - removal or destruction, 36+” diameter $26,210 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree - removal, uncertain diameter under 30” $10,220 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.040 Indigenous tree - removal, uncertain diameter over 30” $26,210 1st Fine; NA 2nd Fine; NA 3rd Fine
Adopted by the Council of the City of Glendale on this _____ day of ________, 2023.
Mayor
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7 ATTEST:
________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF GLENDALE )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing Resolution No._______________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _____________ day of ______________, 2023, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________________
City Clerk
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Project update- Bicycle Transportation Plan
COUNCIL ACTION
Item Type: Report Only
Approved for January 9, 2024
EXECUTIVE SUMMARY
The City Council initiated the update of the Citywide Bicycle Transportation Plan in February 2022, with a vision to shape the next two decades of safe, convenient, and inviting biking infrastructure in Glendale.
Engaging the public through an interactive online map and significant outreach events, inputs from the technical team, Project Development Team (PDT), Sustainability Commission (SC), and Transportation and Parking Commission (TPC) resulted the development of a well-connected citywide preliminary bicycle network. In this report, staff presents an update on the progress of the Bicycle Transportation Plan development, and respectfully seeking city council inputs and recommendations. The overarching goal has been to establish an all-ages, all-abilities network for the entirety of Glendale.
RECOMMENDATION
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BACKGROUND/ANALYSIS
On February 15, 2022, City Council awarded a contract to Buro Happold Consulting Engineers, Inc.to develop an update to the BTP. The update of the BTP will be one that addresses components of a complete system including infrastructure, community outreach, and evaluation of policy and infrastructure improvements that will ensure greater success of the city’s multi-modal infrastructure.
The updated BTP will consolidate existing and previous bicycle policy initiatives into one user-friendly and comprehensive format. It will also present an opportunity to update the plan to accommodate and pursue best practices in bicycle transportation planning that may have evolved since the plan’s original adoption in 2012. This update has been informed by plans that have been newly adopted and those that are still in progress, including the recently adopted Citywide Pedestrian Plan, the West Glendale Sustainable Transportation and Land Use Study, the Verdugo Wash Visioning, and the Metro NOHO- Pasadena BRT project. The goal of updating the plan is to include new insights and ideas in today ‘s context and interventions developed in active transportation planning at the regional and state levels. The BTP seeks to improve bicycle and pedestrian safety, both serving as important Council priorities.
In addition to organizing existing City policies into one cohesive document, the following aspects (tasks) have been assessed and included in the updated BTP:
•Identifying viable bicycle and pedestrian corridors, linking to the City’s existing mobility policy and plan structure, including the Citywide Pedestrian Plan, Safe Healthy Streets Plan and West Glendale Sustainable Transportation and Land Use Study, Safe Routes to School and Citywide Safety Education Plan. •Assessing intersections and corridors with high bicycle incident rates, as well as identifying intersections with high bicycle and pedestrian volumes. •Targeting improvements and developments of bicycle infrastructure which provides safety and connectivity in Glendale’s multimodal system. •Creating a coordinated and targeted community outreach strategy throughout the update of the plan development, including coordination with any ongoing city education and safety programs, so that each effort informs one another. •Ensuring equity and that disadvantaged communities fully share in BTP program benefits; and
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•Incorporating policy and infrastructure recommendations based on field work assessments, best practices in active transportation, and feedback received from the community.
Progress to Date
The BTP has entered the preliminary recommendations phase of the project, and the preliminary draft bicycle network has been available for public comment. The project team has established existing conditions including an extensive crash and safety analysis; established project priorities and goals; and has conducted public engagement at a variety of events around the City including a bicycle ride with the Mayor, public outreach and continued collaboration with the PDT. These activities have given the BTP team the inputs, analysis, and public feedback needed to draft preliminary recommendations that fulfill the project goal of creating a safe, connected, and all-ages all-abilities bicycle network for Glendale. Draft recommendations were reviewed by city staff; the PDT and released to the public through online resources and through a series of outreach events, which resulted a preliminary draft bicycle network (Exhibit 1).
Crash Analysis
The crash analysis utilizes data on bicycle involved crashes from California’s Statewide Integrated Traffic Records System (SWITRS) and reflects requested changes from both city staff and the PDT, including expanding the date range from 5 to 10 years to better understand pre- and post-pandemic trends. Property Damage only crashes were also included in the analysis after comments from the PDT.
Overall, the data shows crashes involving cyclists declining over the analysis period.
Compared to Pasadena and LA County, Glendale has lower crash rates. The crash analysis also highlighted corridors with a greater safety concern. These corridors tend to be the wider arterials through downtown that carry large volumes of traffic during rush hour and have higher speeds when not congested. This list includes segments of Glenoaks Blvd., south Brand Blvd., Colorado St., Broadway, south Glendale Ave., north Glendale Ave., Verdugo Rd., Pacific Ave., San Fernando Rd., south Central Ave., and Chevy Chase Dr.
The crash analysis, along with an analysis on equity, demographics, trip demand, PDT recommendations, public input and surveys results informed the preliminary draft bicycle network. (Exhibit 2)
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TPC and SC Comments and Recommendations
We received comprehensive comments and feedback from the TPC on November 21, 2023, and the SC on December 6, 2023, regarding the Preliminary Bike Network. The notes from both commissions have been carefully considered and incorporated into the Preliminary Proposed Bike Network (Exhibit 3). This collaborative effort aims to enhance the safety and connectivity of the bike network across Glendale.
Preliminary Bicycle Network Recommendation:
Technical Analysis:
Developing the preliminary bicycle network recommendations was a careful process that combined analysis of existing conditions, public feedback, and input from staff and the PDT. The goals for the project were established through outreach with the public and the PDT, with the greatest priorities being to create a safe, connected, and all-ages all- abilities network. Other priorities include incorporating public feedback and developing an implementable network. With project priorities in mind, the project team established two network principles: connected neighborhoods (i.e., connections within neighborhoods) and “spiderwebs” (i.e., connections between neighborhoods). An analysis was then conducted to combine the crash and destinations data with public input on where people would like to bike. This analysis produced the first preliminary draft network. Using guidance from the Federal Highway Administration (FHWA), Caltrans, and that National Association of City Transportation Officials (NACTO), the facility type was selected for each corridor based on three primary factors: road typology, vehicle volume, and speed limit. The facilities selected for each corridor maximizes safety and connectivity for cyclists.
Facility Definitions
•Class I Multi-Use Path: An off-street facility with exclusive space for bicyclists and pedestrians, with minimal crossings by vehicle traffic. •Class II Bike Lane: A conventional striped bike lane denoted by pavement markings.
•Class II Climbing Lane: A striped bike lane in the uphill direction that provides separation between bicyclists and vehicles for bicyclists ascending steep hills. •Class III Bike Routes: Signed bike routes on low-stress streets that use a shared lane, designated through shared lane markings and signage. •Class III Bike Boulevard: Low-stress, marked bikeways located on low-volume, low-speed local streets that operate as shared streets. These require traffic calming features such as neighborhood traffic circles, chicanes, and traffic diverters to maintain low vehicle speeds and volumes.
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•Class IV Protected Bike Lane - Future Focus: Locations where speed, volumes, and crash history indicate a need for Class IV protected bike lanes. We also received consistent and repeated public feedback that bike facilities are desired and needed on these corridors. However, under current biking and traffic conditions, building a Class IV facility here would need furthers technical analysis.
This category is intended to strike a balance between bike needs and constrained traffic conditions so that limited resources can be focused on other corridors, while at the same time memorializing these corridors in the plan for future implementation.
Preliminary Proposed Bike Network Mileage Include:
Facility Type Proposed
Miles
Percent of Proposed
Network
Class IV Protected Bike
Lane
37.4 53%
Class II Bike Lane 12.3 17%
Class II Climbing Lane 2.4 3%
Class III Bike Boulevard 15.5 22%
Class III Bike Route 2.9 4%
Total 70.5 100%
The result is the preliminary bicycle network recommendations presented in (Exhibit 1).
These recommendations are the culmination of months of analysis, public outreach, and collaboration between project team members, city staff, and the public.
Next Steps
After receiving comments and recommendations from the City Council, staff will begin incorporating into draft recommendations, including the network map, prioritization criteria, and policy recommendations. The project team will then develop project phasing, project cost estimates, and identify potential funding sources. All recommendations and analyses will be formalized into the draft plan. The draft plan will then be presented to the PDT, SC, TPC and City Council. At the same time, the draft plan will be evaluated under CEQA and the environmental documents will enter a 30-day public comment period. At the end of the comment period, feedback from the public and aforementioned groups will be incorporated into the final plan and submit to City Council for adoption.
Public Works Recommendation: Study Corridors
The Public Works Engineering Division recommends conducting additional engineering analysis to determine the allocation of the proposed bicycle facility and assess its 449 of 468
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potential impacts. These analyses may encompass traffic volume, vehicle traffic impact, and roadway repurposing. As the update to the BTP is a long-range plan, the current study scope does not include a detailed traffic engineering impact analysis as recommended by Public Works/Engineering. Consequently, any further analysis will necessitate a separate study and an additional budget. This recommendation is made to take a proactive approach to ensure that all proposed improvements will be viable at the time of implementation.
STAKEHOLDERS/OUTREACH
Outreach was conducted in two phases in order to provide the public with some tangible framework and reference points to ensure the most valuable feedback. During the first phase of the project, which included establishing existing conditions and setting project goals, the project team conducted a variety of public outreach events. Outreach was primarily focused on how people bike or perceive biking in Glendale and make the public aware of the planning process. The team participated in seven events for the first phase of outreach:
1. April 22: City Earth Day Fair, Pacific Community Park
2. April 27: Earth Day Celebration, GCC
3. April 27: Shaping the Future of Energy, Central Library
4. May 17: Bike to Workday
5. June 10: Mayor Bike Ride & Americana at Brand outreach event
6. June 22: Go Glendale Bike Safety 101 Workshop
7. June 24: Bike Safety Day, Pacific Park
During the above seven events, attendees were asked to complete a survey, put their opinions on boards and provide their contact information for our project email list. The survey was available online in English, Armenian, Spanish, and Korean and asked 17 questions about biking, safety, trip types, priorities, and demographics. We received over 400 responses from survey.
The primary takeaways from the survey and outreach events were that people wanted safe, connected, and useable bike infrastructure.
Alongside the public events and survey, the BTP updates and progress were shared online through our city website and non-profit organizations website such as Walk Bike Glendale and Go Glendale. Additionally, details about the plan and outreach efforts were disseminated via e-newsletters from the city, Office of Sustainability, Community Services and Parks, Economic Development, and Walk Bike Glendale. Similarly, physical flyers were distributed to key local locations, including bike shops, the Glendale YMCA, all City libraries, and during the Riverwalk Workday event.
For the second phase of outreach, similar outreach events were conducted by staff. The key difference is that the public was able to view the comments received from phase one 450 of 468
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outreach incorporated into a map that can visually demonstrates the public's comments.
Attendees to these events had the ability to comment both digitally and physically on our display boards. This second phase garnered greater interaction by the public as it demonstrated a preliminary bicycle network on a map of Glendale that the public is already familiar with.
Second Outreach for Preliminary Bike Network:
1. October 21: Glendale Annual Fall Festival, Pacific Community Center & Park
2. October 27: Youth & Student Workshop, Glendale Community College
3. November 8: Teen Workshop for 13- to 18-year-olds, Central Library
4. November 11: BTP Open House, Spar Heights Community Center
5. November 12: BTP Open House at the Adult Recreation Center Preliminary Bicycle Network Interactive Map
This preliminary bike network was developed based on an analysis of safety, connectivity, and needs; the feedback we received from community outreach; and input from the project’s technical advisory committee.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ALTERNATIVES TO STAFF RECOMMENDATION
N/A.
ADMINISTRATIVE ACTION
Submitted by:
Bradley Calvert, Director of Community Development
Prepared by:
Arezoo Kamali, Associate Planner
Fred Zohrehvand, Principal Planner
Approved by:
Roubik R. Golanian, P.E., City Manager
Michael J. Garcia, City Attorney
EXHIBITS
Exhibit 1: Preliminary Proposed Bicycle Network
Exhibit 2: Crash Analysis Findings
Exhibit 3: TPC and SC Comments
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Existing Network
Existing Class I Multi-Use Path
Existing Class IV Protected Bike Lane
Existing Class II Bike Lane
Existing Class III Route
Existing Bike-Ped Access
Planned Projects
Verdugo Wash
Verdugo Wash Access
Glendale-LA Garden River Bridge
Network Facility
Proposed Class I Multi-Use Path
Proposed Class IV Protected Bike Lane
Proposed Class IV Protected Lane - Future Focus
Proposed Class II Bike Lane
Proposed Class II Climbing Lane
Proposed Class III Bike Boulevard
Proposed Class III Bike Route
Preliminary Bicycle Network
Preliminary
EXHIBIT 1
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EXHIBIT 2
CRASH ANALYSIS – FINDINGS
Glendale Bicycle Plan Update
October 11, 2023
T
he below document outlines findings from the crash analysis portion of the Existing Conditions subtask of the Glendale Bicycle Plan Update. The crash analysis utilizes data on bicycle crashes from California’s Statewide Integrated Traffic Records System (SWITRS) and reflects requested changes to the Crash Analysis methodology.
Incorporating these changes, this analysis utilizes bicycle-involved crashes within the City of Glendale within a ten-year period between 2012 and 2021 and considers all bicycle crashes inclusive of property damage- only (PDO) crashes. Bicycle-involved crashes that took place on a state highway within Glendale have been excluded.
Summary Crash Statistics
The below section presents descriptive data derived from the last ten years of available data from bicycle crashes in the City of Glendale. The descriptive data also notes crashes included from the overall dataset that resulted in fatalities or severe injuries (killed or severely injured, or KSI). 454 of 468
2 General Crash Descriptions
Figure 1. Glendale Bicycle Crashes by Year (2012 – 2021)
0 10
20 30
40 50
60 70
80 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Other Crashes KSI Crashes
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3 Figure 2. Bicycle Injury and Fatal Crashes Comparison by Year (2012 – 2021)
Table 1. Bicycle Crashes by Year1
(excluding PDO crashes)
Total
Bicycle
Crashes
%
Crashes
# of KSI
Crashes % of KSI Injury and Fatal Crashes /
100,000 residents
Glendale Pasadena LA County
2012 68 15% 2 10% 27.4 65.1 49.9
2013 61 14% 3 15% 29.8 68.5 46.5
2014 54 12% 4 20% 26.0 76.9 43.7
2015 53 12% 1 5% 21.7 51.1 41.2
2016 53 12% 3 15% 22.0 45.1 37.2
2017 48 11% 6 30% 22.3 45.8 35.6
2018 30 7% 1 5% 13.4 29.7 34.9
2019 32 7% 0 0% 15.6 43.3 33.1
1 The first column of each table lists total bicycle-involved crashes, including those resulting in fatalities or severe injuries (KSI). The KSI columns record the number of KSI crashes (20 total over ten years), and the percent of KSI crashes by year out of that separate total. 0 1,000
2,000
3,000
4,000
5,000
6,000
0 10
20 30
40 50
60 70
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
LA County Injury and Fatal Crashes
Glendale Injury and Fatal Crashes
Glendale LA County
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4 2020 25 6% 0 0% 11.7 32.4 24.9
2021 21 5% 0 0% 10.4 39.8 18.4
Grand
Total 445 100% 20 100%
Bicycle crashes in Glendale have declined in the past ten years, from a peak in 2012 at the beginning of the observed period. The most number of severe injuries occurred in 2017. The decrease in overall bicycle-involved crashes in this period follows broader regional trends, as shown in Figure 2. KSI crashes in Glendale peaked in 2017, and none have been recorded in the last three years of the observed period.
The chart also shows rates of bicycle crashes resulting in injury or fatality per 100,000 residents, comparing to Pasadena and broader LA County. PDO crashes were excluded for comparison purposes. Pasadena, a peer city with similar land uses and approximately a third fewer people, also experienced a similar drop in crashes. While a multitude of factors likely influenced this trend, American Community Survey data does show bicycle commuting falling significantly in this period, suggesting fewer people were biking overall. When comparing by population, Glendale has fewer bicycle crashes per 100,000 people than LA County or Pasadena throughout this period.
It should be noted, however, that the data is not normalized by exposure and ridership, and data collected during 2020 and 2021 may be affected by changes in travel patterns brought upon by the COVID-19 pandemic.
Additional factors such as land use, availability of bicycle facilities, and demographic composition also likely influence exposure and ridership rates.
Table 2. Bicycle Crash Severity
Crash Severity # Crashes % Crashes
Property Damage Only 50 11%
Complaint of Pain 165 37%
Other Visible Injury 210 47%
Severe 18 4%
Fatal 2 0.4%
Grand Total 445 100%
Two fatal crashes and 18 crashes resulting in severe injuries took place in City of Glendale streets between 2012 and 2020. Only 11 percent of crashes in Glendale were property damage only, and nearly half resulted in a visible injury. By comparison, Pasadena had a similar distribution of severe and fatal crashes over this period, while LA County as a whole saw higher rates of severe and fatal crashes.
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5 Table 3. COVID-19 and Crash Injury Comparison
Year KSI Visible
Injury
Complaint of
Pain PDO Total
Crashes
Pre-COVID-19 Total 1 30 27 4 62
2018 1 15 12 2 30
2019 0 15 15 2 32
COVID-19 Total 0 26 17 3 46
2020 0 13 10 2 25
2021 0 13 7 1 21
The incidence of bicycle-involved crashes within Glendale slowed during the COVID-19 pandemic. Compared to the two preceding years, the total number of crashes fell by approximately 25 percent. Crashes caus ing complaints of pain fell by nearly a third. While there was only one crash resulting in a severe injury in 2018, no crashes caused fatalities or severe injuries during the pandemic. Causes for the sharp reduction during the pandemic likely have multiple complex causes, possibly owing to a combination of changes in commuting behaviors and modes.
Figure 3. Bicycle Crashes by Time of Day
More than half of all crashes, including KSI crashes, occurred during the daytime, between 8:00 am and 4:00 pm.
Notably, nearly a third of crashes occurred in the early evening hours, between 4:00 pm and 8:00 pm, when conditions are darker or becoming darker. KSI crashes followed these trends, with 90 percent taking place during the day or early evening.
0 20
40 60
80 100
120
140
12 - 4 AM 4 - 8 AM 8 AM - 12 PM 12 PM - 4 PM 4 PM - 8 PM 8 PM - 12 AM Total Crashes KSI Crashes
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6 Crash Behaviors
Table 4. Most Common Vehicle Code Violation Categories
Violation Category # Crashes % Crashes # of
KSI % of KSI
Wrong Side of Road 98 22% 2 10%
Automobile Right of Way 88 20% 3 15%
Improper Turning 75 17% 2 10%
Other Hazardous Violation 47 11% 2 10%
Traffic Signals and Signs 38 9% 4 20%
Unsafe Speed 31 7% 3 15%
Table 4 shows the six most common vehicle code violation categories cited in the crash data. As this is a selection of most common factors, the table does not total to 445 crashes. These violations include “Wrong Side of the Road,” “Automobile Right of Way,” and “Improper Turning.” The first refers to a vehicle operating on the wrong side of the street or bicyclists not riding as far right as practicable as required by law, while the second includes violations where road users fail to yield properly, such as failing to yield to others when making turns or entering the roadway. “Improper Turning” refers to unsafe turning practices by road users.
Notably, while “Traffic Signals and Signs” and “Unsafe Speed” are cited for only 9 and 7 percent of all crashes respectively, they comprise 20 and 15 percent of KSI crashes. “Unsafe Speed” includes instances where a person was driving or riding at a speed considered “unreasonable,” which includes exceeding the speed limit, while “Traffic Signals and Signs” includes violations such as failing to come to a complete stop at stop signs and red lights. Responding officers to these crashes under these common violation categories found both drivers and bicyclists commonly at fault.
Table 5. Crashes by Collision Type
Collision Type # Crashes % Crashes # of KSI % of KSI
Head-On 15 3% 1 5%
Sideswipe 77 17% 0 0%
Rear End 37 8% 4 20%
Broadside 244 55% 8 40%
Hit Object 4 1% 0 0%
Overturned 3 1% 0 0%
Vehicle/Pedestrian 16 4% 1 5%
Other/Not Recorded 49 11% 6 30%
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7 Grand Total 445 100% 20 100%
Table 5 details the distribution of crashes by their collision type, or how the collision physically occurred. Many collisions in this period were broadsides, in which a bicyclist and motorist collided at a right angle. This also contributed to a plurality of KSI crashes, suggesting that conditions relating to broadside crashes may include those that frequently yield more severe crash outcomes, such as higher speeds.
Table 6. Alcohol Involved Crashes
Alcohol
Involved? # Crashes % Crashes # of KSI % of KSI
Yes 26 6% 4 20%
No 419 94% 16 80%
445 100% 20 100%
Table 6 depicts the influence of alcohol in bicycle-involved crashes. Six percent of all crashes involved alcohol, but 20 percent of all KSI crashes involved at least one party being under the influence of alcohol.
Environmental Factors
Table 7. Collision by Lighting Condition
Lighting Condition # Crashes % Crashes # of KSI % of KSI Daylight 348 78% 15 75%
Dusk - Dawn 12 3% 0 0%
Dark - Street Lights 78 18% 4 20%
Dark - No Street Lights 3 1% 1 5%
Not Stated 4 1% 0 0%
Grand Total 445 100% 20 100%
As most crashes took place during the day, daylight lighting is the most common condition. However, almost a fifth of crashes took place during the dark under streetlights. This pattern is shared by KSI crashes as well.
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8 Table 8. Collisions by Location in Street
Crash Location # Crashes % Crashes # of KSI % of KSI
At street segment 127 29% 6 30%
At intersection 318 71% 14 70%
Grand Total 445 100% 20 100%
More than a third of bicycle collisions took place at intersections, which, when combined with the above rates of right-of-way and turning vehicle violations, may support a high need for intersection safety improvements.
Bicycle Crash Party Descriptions
Table 9. Bicyclists by Race
Bicyclist Race Count
Not stated 253
White 94
Hispanic 72
Asian 11
Black 9
Other 6
Total 445
Note: Table 9 documents the race of bicyclist parties involved in crashes, as is presented in the SWITRS crash data. For more than half of people involved in a crash, no race was provided.
Additional work may be done to separate racial makeup of crash victims from other parties involved; however, the large number of missing entries may not yield data that is easily comparable to other trends or conditions.
Table 10. Bicyclist Victims by Age
Ages Number of
Victims Percent of Victims Number of
KSI Victims
Percent of
KSI Victims
7-14 35 8% 1 5%
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9 15-19 61 14% 0 0%
20-24 46 10% 0 0%
25-29 56 13% 4 20%
30-34 51 11% 1 5%
35-39 26 6% 1 5%
40-44 29 7% 2 10%
45-49 28 6% 3 15%
50-54 31 7% 3 15%
55-59 32 7% 3 15%
60-64 14 3% 0 0%
65-69 13 3% 0 0%
70 and Above 12 3% 1 5%
Unknown 11 2% 1 5%
Total 445 100% 20 100%
Figure 4. Bicycle Crash Victims by Age Range2
2 For summary purposes, age ranges are not presented in equal intervals. 0 20
40 60
80 100
120
140
160
180
7-19 20-34 35-49 50-64 65 and above
Number of Victims Number of KSI Victims
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10 More than 50 percent of crash victims were 34 or younger, and more than a third were between the ages of 20 and 34.
Table 11. Collision Victims by Gender
Gender Total Crashes Percent of Total
Crashes KSI Crashes Percent of KSI
Crashes
Female 55 12% 3 15%
Male 385 87% 17 85%
Unknown 5 1% 0 0%
Grand Total 445 100% 20 100%
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11 Bicycle Crash Density
The below map shown in Figure 5 demonstrates the density of bicycle-involved crashes within the City of Glendale. As with the above summary statistics, this analysis uses 2012-2021 crash data from the Statewide Integrated Traffic Record System.
Methodology
Based on these trends, several Safety Corridors have been identified. The analysis uses the Sliding Windows methodology to understand crashes throughout the street network, identifying segments with the highest crash density, weighted by crash severity. The analysis is done by determining the number and severity of crashes in a half-mile “window” on a roadway and shifting that window along the roadway 1/10 mile at a time. Crashes are weighted by severity, and individual street segments receive a score. Following input from the Project Development Team, crashes resulting in only property damage were included in the analysis. To preserve the balance in segment scoring by severity, weights were adjusted to five points for KSI crashes, two points for all other injuries, and one point for PDO crashes.
The below findings present the results of the Sliding Windows analysis of historical crash data with functional classifications, with some cleaning conducted to remove segments double-counted at intersection crashes. The list comprises the highest-scoring segments, as well as several additional streets that included consistent clusters of crashes. The Sliding Windows results may be further modified based on additional considerations, such as ground truthing lane width, intersection conditions on high-scoring segments, and stakeholder input.
Initial Findings
The below Safety Corridors are largely major arterials that connect major destinations, neighborhoods, and commercial areas in downtown and central Glendale. Several arterials, such as Glenoaks Blvd and Brand Blvd, are key connections to Burbank and Los Angeles, respectively. Several corridors that cross SR -134 north-south appear in the list: these are often where access across the highway is restricted to major streets. No streets in northern Glendale appeared in the list, as fewer crashes occurred there.
The inclusion of additional years of bicycle crash data, as well as PDO crashes, within the analysis, surfaced several additional low and medium crash density segments, several of which are along residential streets. These include Columbus Ave and Riverdale Dr in southwestern Glendale, as well as E Chevy Chase Dr and E Glenoaks Blvd as they pass beneath the 2 Freeway in eastern Glendale.
Highest-scoring streets generally include wide thoroughfares with four-to-six lanes and no bicycling infrastructure.
Some, such as Pacific Ave and Broadway, include sharrow markings on the outer lanes to signify bicycling routes.
Glenoaks Blvd, which is six lanes wide with a planted median, does include a striped, Class II bike lane adjacent to parking lanes. Central Ave features Class II bike lanes as well, though these end to the north of the highest scoring segment (Broadway to Chevy Chase Dr).
Table 12. Draft Safety Corridors
CORRIDOR FROM TO
GLENOAKS BLVD Allen Ave Brand Blvd
S BRAND BLVD Los Feliz Rd Glenoaks Blvd
COLORADO ST Pacific Ave Brand Blvd
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12 BROADWAY San Fernando Rd Chevy Chase Dr
S GLENDALE AVE San Fernando Rd Chestnut St
N GLENDALE AVE/
VERDUGO RD
Broadway Mountain St
PACIFIC AVE Broadway Glenwood Rd
SAN FERNANDO RD Central Ave SR-134
S CENTRAL AVE Broadway Chevy Chase Dr
CHEVY CHASE DR Windsor Rd Broadway
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13 Figure 5. Revised Bicycle Crash Density and Bicycle Crashes (2012 – 2021)
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EXHIBIT 3
Sustainability Commission Meeting, 12/6/2023
Comment Response
Why does the current iteration of the preliminary
network map no longer include Glendale, Colorado,
Central or Brand?
In particular, strongly insists Glendale be put back
given the orientation of the street and the cycle
track ends before the 134 freeway. Also, given the
crash history of this corridor in the safety analysis.
There is limited parking on the west side of the
street where a bike facility could fit.
In discussion with City staff, those were removed
due to the impact on peak hour congestion. We
have chosen to focus our efforts and limited
resources on corridors that will face less resistance.
That being said, we are exploring ways to
strengthen north-south and east-west connections
in downtown Glendale. We are also exploring ways
to memorialize these corridors as a “constrained
recommendation” as part of the plan in case
conditions change.
Need to fill the gap on Central. That gap is part of the Metro BRT project, which includes a mix of protected and standard bike lanes.
Future iterations of the map will better reflect this.
• Gap along Sonora needs to be filled
• Look at Duran at Maryland and Central,
there is a lot of space to use.
• Harvard can accommodate bike lanes in
certain sections
• Western is identified in the west Glendale
plan but is not included in the current map
• In the 2012 BTP, Orange had a planned bike
lane that it is not included in this latest
version
These are helpful comments and we will strive to
include these where appropriate in the next
iteration of the network map.
End the prohibition on sidewalk riding. This is a policy recommendation that we are pursuing as part of the plan.
Other cities have lane configuration guidelines
based on ADT. Can we develop one for Glendale?
We are in discussion with City staff about what
could work in Glendale.
Add more bike lanes along business centers and a
north south corridor on Central. Feels like there’s a
protected area in downtown where there is very
little protected or dedicated bike lanes.
See previous comments on Central and providing
stronger connections through downtown.
Would like to see the Brand bike lane project at the
northern end be extended as far south as feasible.
South of Glenoaks there’s a couple taxi parking
spots and there are extra lanes. Would like to see a
version that includes a lane that goes south of
Glenoaks.
We will look into including this in the next iteration.
Explore bike lane from San Fernando to Los Feliz to
address the development of a bike lane from
Coldwater canyon.
We will look into this.
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Consider placing bike lanes on sidewalks.
Caller: Consider bike lanes as part of the new social
justice part of the environmental element.
Transportation and Parking Commission Meeting, 11/21/2023
Comment Response
Is this the version that City Council will see. This version will be presented to City Council in January.
The same version of the draft final plan will be
presented to the commission before being adopted
by City Council.
What was the main reason why Glendale Ave was
removed as an option?
General comment was that there aren’t any
throughways that go through the whole City of
Glendale.
Why isn’t Colorado included since the area is being
built out for housing development?
In discussion with City staff, those were removed
due to the impact on peak hour congestion. We
have chosen to focus our efforts and limited
resources on corridors that will face less resistance.
That being said, we are exploring ways to
strengthen north-south and east-west connections
in downtown Glendale. We are also exploring ways
to memorialize these corridors as a “constrained
recommendation” as part of the plan in case
conditions change.
The Glendale crash data trends match those of LA
County.
While the trends are similar it is not possible to
conclusively determine explanatory factors. The
data is also not normalized to the exposure rate
(e.g., the number of people biking), so it could be
that fewer people are biking over time.
Will you be estimating the cost to implement the
recommendations.
Yes, as part of the updated BTP we are currently
developing a unit cost for different types of bike
facilities to estimate the cost of implementing the
recommended bike projects.
Are you analyzing impacts on emergency response
times or other types of delay.
An analysis of delay and congestion is not part of
the update to the BTP. These types of analyses are
not typically included on city-wide bike plans of this
scale. These types of analyses are usually
conducted, when appropriate, when individual
projects are being realized.
Include sections of Brand and Honolulu as car-free
streets.
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