Agenda packet, first session — Glendale City Council, February 6, 2024

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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FEBRUARY 6, 2024

REVISED
- 1E ADDED

ROLL CALL

1. CLOSED SESSION
– 1:00 PM ( To Commence at 3:00 PM)
a.

Conference with Labor Negotiators. The City-designated negotiators attending the

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closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Paula Adams, Aymee Martin, Jason Bradford, Manny Cid, and Laura Kalty.

The name of the employee organization is: Glendale Police Officers Association b.

Conference with Labor Negotiators. The City-designated negotiator attending the closed session is: Mayor Dan Brotman. The unrepresented employee position is:

City Attorney
c.

Conference with real property negotiators. City negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Onnig Bulanikian, Bradley Calvert, Mark Berry, Jason Bradford, Michael J. Garcia, and Gillian van Muyden. Instructions to the negotiator(s) will concern the price and terms for the acquisition of property Property Location No. 1: 520 & 534 N. Glendale Avenue.

Negotiating Parties: Glendale 3D LLC and MCMB Glendale LLC Property Location No. 2: 115 to 123 W. Wilson Avenue
Negotiating Parties: Lillie S. Makhanian
Property Location No. 3: 332-336 N. Adams Street
Negotiating Parties: Adamyan Living Trust
d.

Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One (1) potential case
e.

Conference with Legal Counsel - Pending Litigation: Claim of Kalesians, Claim No. 24-0047

2. REGULAR BUSINESS AGENDA
– 6:00 PM
Roll Call
a.

Flag Salute: Mayor Dan Brotman
b.

Invocation: Dr. Suzie Abajian, City Clerk
c.

Report of the City Clerk, re: Posting of Agenda. The Agenda for the February 6, 2024 Regular Meeting of the Glendale City Council was Posted on February 1, 2024, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, February 13, 2024 b.

Reappointment of Caroline Tufenkian to the Arts and Culture Commission (Asatryan/Najarian, 01/30/24)

City Clerk, re: Minutes of the Joint City Council and Housing Authority, Special City Council, and Regular City Council Meetings of January 30, 2024 b.

Glendale Water and Power, re: Amendment to the Professional Services Agreement with Ascend Analytics, LLC to Assist Glendale Water and Power with the Development of the City of Glendale 2024 Integrated Resource Plan

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1. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the existing Professional Services Agreement (Contract No. 8002134) with Ascend Analytics, LLC to increase the contract amount by $40,000, to a new not- to-exceed amount of $320,000
c.

Public Works, re: Summary Vacation of the First Alley Southwesterly of Riverside Drive, Northwesterly of Allen Avenue (Alley 307) for a Equestrian and Canine Kennel Project; Vacation Case No. 189V

1. Resolution Ordering the Vacation

2. Resolution Adopting Plan No. 12-244

5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)

7. ADOPTION OF ORDINANCES
a.

Community Development, re:

Ordinance Amending Chapter 9.30 – Rental Rights
Program (Brotman, 01/30/24)

1. Ordinance Amending Sections 9.30.010, 9.30.020, 9.30.022, 9.30.025, 9.30.030,

9.30.033, and 9.30.035, and Adding Sections 9.30.040 and 9.30.045, of Title 9 of the Glendale Municipal Code, 1995, Relating to the Rentral Rights Program

2. Ordinance Amending Comprehensive Citywide Fee Resolution regarding Administrative Citation Fine Amounts to Add Violations subject to Fines and Processing Fees related to the Rentral Rights Program Violations

8. ACTION ITEMS
a.

Public Works, re: Adopts Plans and Specification for the La Crescenta Avenue Rehabilitation Project

1. Resolution adopting the Plans and Specification for the La Crescenta Avenue Rehabilitation Project, Specification No. 3829, and directing the City Clerk to Advertise for Bids
b.

City Attorney, re: Procedure for Initiating Review of the City Charter by a Charter Commission or Committee

1. Motion Directing Staff Regarding the Creation of a Charter Review Committee c.

Management Services, re: Condemning the Ethnic Cleansing and Genocide of Armenians in Artsakh

1. Resolution Condemning the Ethnic Cleansing and Genocide of the Armenian People of the Republic of Artsakh

9. HEARINGS
a.

Public Works, re:

Introduction of Ordinance for Public and Private Indigenous Tree Protections
(Continued from January 30, 2024 Council Meeting)

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

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3. Ordinance 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

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a.

Councilmember Asatryan’s Request to Join the California Equal Pay Pledge b.

Mayor Brotman’s Request to Develop a Glendale-Specific Coyote Management Plan

13. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes.

Council May Question or Respond to The Speaker But There Will be no Debate or Decision.

The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.

14. NEW BUSINESS

15. ADJOURNMENT

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1 4A

M I N U T E S
JOINT MEETING: GLENDALE CITY COUNCIL AND GLENDALE HOUSING AUTHORITY

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
JANUARY 30, 2024
The Joint Meeting of the Glendale City Council and Glendale Housing Authority convened in the City Hal Council Chambers, in said City, at 2:07 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:

January 25, 2024
Date
A JOINT PUBLIC MEETING of the City Council and Housing Authority is hereby called to meet at 2:00 PM on Tuesday, January 30, 2024, in the Council Chamber, 613 E.

Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;

1. Community Development, re: Execution of a Letter of Loan Commitment and Lease Option with EAH Housing for a 68-Unit Affordable Rental Housing Project for Seniors at 426 Piedmont Avenue and 507 Naranja Drive, Resolutions Approving a Cooperation Agreement Between the Housing Authority and the City of Glendale for the Purpose of Housing Authority Administration of PLHA Program Funds, and Approval of a Resolution of Appropriation for HOME-ARP Program funding in the amount of $2,181,500 for 426 Piedmont Avenue and 507 Naranja Drive a. Housing Authority Motion Authorizing the Executive Director to Execute a Letter of Loan Commitment and Lease Option with EAH Housing for 426 Piedmont Avenue and 507 Naranja Drive
b. City Council Resolution Authorizing the City Manager to Execute a Cooperation Agreement between the Housing Authority and the City of Glendale for the Purpose of Administering PLHA Program Funds and Designating Individuals To Sign and Approve PLHA Program Documents
c. Housing Authority Resolution Authorizing the Executive Director to Execute a Cooperation Agreement between the Housing Authority and the City of Glendale for the Purpose of Administering PLHA Program Funds and Designating Individuals To Sign and Approve PLHA Program Documents
d. Housing Authority Resolution of Appropriation in the Amount of $2,181,500 for the Funding of 426 Piedmont Avenue and 507 Naranja Drive
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:

Upon Robert Adjinian at 5:00 p.m. January 25, 2024 Glendale, CA Upon Elen Asatryan at 5:00 p.m. January 25, 2024 Glendale, CA Upon Paula Devine at 5:00 p.m. January 25, 2024 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. January 25, 2024 Glendale, CA Upon Ara Najarian at 5:00 p.m. January 25, 2024 Glendale, CA Upon Laura Parazian at 5:00 p.m. January 25, 2024 Glendale, CA Upon Dan Brotman at 5:00 p.m. January 25, 2024 Glendale, CA Housing Authority Chair Najarian called the meeting to order at 2:07 p.m. 5 of 171

2 ROLL CALL
- Absent: Kassakhian
- Report of the City Clerk of the City Council and Housing Authority, re: Posting of Agenda. The Agenda for the Tuesday, January 30, 2024 joint public meeting of the City Council and Housing Authority was posted on January 25, 2024, on the Bulletin Board outside City Hall.

Roubik Golanian, City Manager
Presenting:

Mike Fortney, Deputy Director of Housing
a. Housing Authority Motion Authorizing the Executive Director to Execute a Letter of Loan Commitment and Lease Option with EAH Housing for 426 Piedmont Avenue and 507 Naranja Drive
Moved: Asatryan Seconded: Adjinian
Vote as Follows
a.
b. City Council Resolution 24-17 Authorizing the City Manager to Execute a Cooperation Agreement between the Housing Authority and the City of Glendale for the Purpose of Administering PLHA Program Funds and Designating Individuals To Sign and Approve PLHA Program Documents
Moved: Devine Seconded: Asatryan
Vote as Follows
b.
c. Housing Authority Resolution H-533 Authorizing the Executive Director to Execute a Cooperation Agreement between the Housing Authority and the City of Glendale for the Purpose of Administering PLHA Program Funds and Designating Individuals To Sign and Approve PLHA Program Documents
Moved: Asatryan Seconded: Adjinian
Vote as Follows
c.
d.

Ayes:

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

Asaa
6 of 171

3 d. Housing Authority Resolution H-534 of Appropriation in the Amount of $2,181,500 for the Funding of 426 Piedmont Avenue and 507 Naranja Drive
Moved: Asatryan Seconded: Adjinian
Vote as Follows
e.

ADJOURNMENT – 2:27 p.m.
- Council
Moved: Devine Seconded: Asatryan
- Housing Authority
Moved: Devine Seconded: Adjinian
Mayor of the City of GlendaleCity Clerk of the City of Glendale Chair of the Glendale Housing Authority
Clerk of the Glendale Housing Authority
Clerk of the Housing Authority Chair of the Housing Authority Ayes:

Noes:

Absent:

Abstain:

Adjinian, Asatryan, Brotman, Devine, Parazian, Najarian None
Kassakhian
None
7 of 171

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A G E N D A
SPECIAL MEETING: GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
JANUARY 30, 2024
The Special Meeting of the Glendale City Council convened in the City Hal Council Chambers, in said City, at 2:28 p.m. on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:

January 25, 2024
Date
A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 2:00 PM on Tuesday, January 30, 2024, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;

1. Community Development, re: Land Use and Circulation Elements - Project Update, and proposed amendment to the existing contract with De Novo Planning Group (Contract No. 8000769) to update the scope of work to add preparation of the General Plan Environmental Justice Element as required by Government Code §65302(h), and to extend the timeline for an additional 18 months
a. Motion accepting the status report on the preparation of the Land Use Element and Circulation Element updates, and to accept Council comments thereon b. Motion approving a contract amendment with De Novo Planning Group in the amount of $199,580 for a new not-to-exceed contract amount of $1,081,309 to include preparation of an Environmental Justice Element of the General Plan and extend the timeline term Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:

Upon Elen Asatryan at 5:00 p.m. January 25, 2024 Glendale, CA Upon Paula Devine at 5:00 p.m. January 25, 2024 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. January 25, 2024 Glendale, CA Upon Ara Najarian at 5:00 p.m. January 25, 2024 Glendale, CA Upon Dan Brotman at 5:00 p.m. January 25, 2024 Glendale, CA Housing Authority Chair Najarian called the meeting to order at 2:28 p.m.

ROLL CALL
- Absent: Kassakhian
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, January 30, 2024 Special Public Meeting of the City Council was posted on January 25, 2024, on the Bulletin Board Outside City Hall.

2 Presenting:

Amanda Tropiano, De Novo Planning Group
a. Motion accepting the status report on the preparation of the Land Use Element and Circulation Element updates, and to accept Council comments thereon Moved: Asatryan Seconded: Brotman
Vote as Follows
a.
b. Motion approving a contract amendment with De Novo Planning Group in the amount of $199,580 for a new not-to-exceed contract amount of $1,081,309 to include preparation of an Environmental Justice Element of the General Plan and extend the timeline term Moved: Asatryan Seconded: Brotman
Vote as Follows
b.

ADJOURNMENT – 3:00 p.m.

Moved: Asatryan Seconded: Devine
Ayes:

Noes:

Absent:

Abstain:

Asatryan, Devine, Brotman, Najarian (pro tem)
None
Kassakhian
None
Ayes:

Noes:

Absent:

Abstain:

Asatryan, Devine, Brotman, Najarian (pro tem)
None
Kassakhian
None
Mayor of the City of Glendale
City Clerk of the City of Glendale
9 of 171

1 4A

M I N U T E S

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
JANUARY 30, 2024
ROLL CALL – absent: Kassakhian

1. CLOSED SESSION – 3:00 p.m.
a. Conference with Labor Negotiators. The City-designated negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, Paula Adams, Aymee Martin, Jason Bradford and Laura Kalty. The name of the employee organization is: Glendale Management Association b. Conference with Labor Negotiators. The City-designated negotiator attending the closed session is: Mayor Dan Brotman. The unrepresented employee position is:

City Attorney
c. Conference with real property negotiators. City negotiators attending the closed session are: Roubik Golanian, John Takhtalian, Onnig Bulanikian, Bradley Calvert, Mark Berry, Jason Bradford, Michael J. Garcia, and Gillian van Muyden.

Instructions to the negotiator(s) will concern the price and terms for the acquisition of property
Property Location No. 1: 520 & 534 N. Glendale Avenue Negotiating Parties:

Glendale 3D LLC and MCMB Glendale LLC
Property Location No. 2: 115 to 123 W. Wilson Avenue Negotiating Parties: Lillie S.

Makhanian
d. Conference with Legal Counsel - Pending Litigation: Claim of Tonyan, Claim No. 23- 0231
e. Conference with Legal Counsel - Pending Litigation: Claim of Escobar, Claim No. 23-0037
f. Conference with Legal Counsel - Pending Litigation: Claim of State Farm (Whipple), Claim No. 23-0008
Item 1c moved to next week’s meeting. City Attorney Mike Garcia indicated that action is anticipated on items 1d and 1f. Council recessed to closed session at 3:02 p.m.

2. REGULAR BUSINESS AGENDA – 6:00 PM
Roll Call – All Present
Motion to approve Councilmember Kassakhian’s attendance via teleconference.

Moved: Asatryan Seconded: Devine
Vote as Follows
a.
a. Flag Salute: Mayor Pro Tem Najarian
b. Invocation: Dr. Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the January 30, 2024 Regular Meeting of the Glendale City Council was Posted on January 25, 2024, on the Bulletin Board Outside City Hall.

Ayes:

Noes:

Absent:

Abstain:

Asatryan, Devine, Kassakhian, Brotman, Najarian (pro tem) None
None
None
10 of 171

2 3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, February 6, 2024 Asst. City Manager John Takhtalian provided the preview. b. Presentation by the Pasadena Humane Society on Wildlife/Coyote Management Plan
Lauren Hamlett, Director of Wildlife Education and Services

4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a. City Clerk, re: Minutes of the Regular City Council Meeting of January 23, 2024 Moved: Asatryan Seconded: Devine
Vote as Follows
b.
b. Public Works, re: Award of a Professional Services Agreement for the Update of the Fleet Electrification Study

1. Motion awarding a Professional Services Agreement to Center for Transportation and the Environment for $102,200 for the Update to the Glendale Fleet Electrification Study
Moved: Asatryan Seconded: Devine
Vote as Follows
c.

5. CITY COUNCIL/STAFF COMMENTS
Mayor Brotman requested to agendize for discussion a Coyote Management Plan. Brotman just came back from his trip to Japan where he met with our Sister City, Higashiosaka. He will talk about his trip during next week’s meeting.

Councilmembers Asatryan and Najarian asked for the agendizing of the reappointment of Caroline Tufenkian to the Arts and Culture Commission. Asatryan thanked staff for putting feminine hygiene products in women’s restrooms in the Municipal Service Building. She looks forward to what LA County can do to provide access to feminine hygiene products in the local region.

City Clerk Dr. Suzie Abajian showed a public announcement video regarding the upcoming election on March 5. She invited the public to visit www.glendalevotes.org for a list of candidate forums and contact the Clerk’s office for more information.

Ayes:

Noes:

Absent:

Abstain:

Ayes:

Noes:

Absent:

Abstain:

Asatryan, Devine, Kassakhian, Brotman, Najarian (pro tem) None
None
None
Asatryan, Devine, Kassakhian, Brotman, Najarian (pro tem) None
None
None
11 of 171

3 6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes)
Allan Durham
Carmen Arom

7. ADOPTION OF ORDINANCES
Agenda out of order. Item 8b read next into the record.

8. ACTION ITEMS
a. Community Development, re: Ordinance Amending Chapter 9.30 (Rental Rights Program)
Staff Comments:

Roubik Golanian, City Manager
Lucy Varpetian, Principal Asst. City Attorney
Mike Garcia, City Attorney
Presenting:

Sipan Zadoryan, Senior Housing Analyst
Public Comments:

Elizabeth Manasserian
Julia Hatten
Sevak Sohrabian
Shant Norhadian
Karen Kwak
David Kaishchyan
Ira Bland
Susan Broussalian
Dulce Ambriz
Linda Neumaier
Vigor Hairapetian
Ramella Eraghi
Armen Avedian
Greg Astorian
Arian Rejaei
Alex
Ann Bagasao
Tammy O’Connor
Carmen Arom
Eddie Minassian

1. Ordinance for Introduction Amending Chapter 9.30 of the Glendale Municipal Code, 1995 – Relating to the Rental Rights Program
Introduced by: Brotman

2. Ordinance Amending the Citywide Fee Resolution and Adding Administration Citation Fine Amounts for Rental Rights Program Violations
Introduced by: Brotman
12 of 171

4 3. Motion Directing Staff
b. Public Works, re: Introduction of Ordinance for Public and Private Indigenous Tree Protections
Hearing opened at 6:30 p.m.

Motion to continue the item to the February 6 Council Meeting without further public notice.

Moved: Asatryan Seconded: Devine
Vote as Follows
d.

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

9. HEARINGS
a. Community Development, re: Appeal of the Design Review Board (DRB) approval of Design Review Case No. PDR-000210-2022 to demolish the existing commercial stable buildings and associated structures (originally developed in 1939) and construct three new buildings with 15 surface parking spaces for a commercial stable and kennel on a 44,682 square-foot (SF) corner lot, located at 1900 Riverside Drive in the CE (Commercial Equestrian Services) Zone Hearing opened at 8:54 p.m. and closed at 10:04 p.m.

Presenting:

Vista Ezzati, Senior Planner
Public Comments:

Hunt Braly, Poole & Shaffery, Appellant
Richard Dell, RED Architectural Group, Applicant
Rene Karapedian
Karin Costa
Mara Baygulova
Allan Durham
Jay Geisenheimer
Andrea Joel
Linda Rappaport
Roy Simison
Elizabeth Bour
Bill Luddy
Ayes:

Noes:

Absent:

Abstain:

Ayes:

Noes:

Absent:

Abstain:

Asatryan, Devine, Kassakhian, Brotman, Najarian (pro tem) None
None
None
13 of 171

5 Samantha Kirkeby
Darcy Conkle
Catie Rossi
Kate Adams
Sabrina Silver
Zihla Arbit
Lisa Baca
Liz Radley
Nori Anne Walla
Dr. James DeCarli
Alyssa Cunningham

1. Motion to sustain the Design Review Board’s decision to approve the Design Review Application with conditions
Moved: Brotman Seconded: Asatryan
Vote as Follows

2. Motion to continue the matter, directing the City Attorney to draft findings reversing the Design Review Board’s decision and denying the Project

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a. Mayor Brotman’s request to agendize a discussion of options to address the Ninth Circuit Court of Appeal’s decision in California Restaurant Association v. City of Berkeley relative to the City’s Reach Code Requirement that new buildings be constructed as “all-electric” buildings, including options for an “electric preferred” ordinance
Moved: Brotman Seconded: Devine
Vote as Follows
b. Councilmember Kassakhian’s request to agendize a Resolution condemning the ethnic cleansing and genocide of Armenians in Artsakh
Moved: Asatryan Seconded: Devine
Vote as Follows
Ayes:

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

Asatryan, Devine, Brotman, Najarian (pro tem)
None
Kassakhian
None
Ayes:

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

Asatryan, Devine, Brotman, Najarian (pro tem)
None
Kassakhian
None
Ayes:

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

Asatryan, Devine, Kassakhian, Brotman, Najarian (pro tem) None
None
None
14 of 171

6 13. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.

Rob
Alex Balekian
Dave De Angelis
Ramella Eraghi

14. NEW BUSINESS
a. Motion to approve the Claim for Damages of Ofelya Tonyan Moved: Devine Seconded: Brotman
Vote as Follows
b. Motion to approve the Claim for Damages of State Farm General Insurance Company (Claim No. 24-0008)
Moved: Asatryan Seconded: Brotman
Vote as Follows

15. ADJOURNMENT – 10:40 p.m.

Moved: Devine Seconded: Brotman
Ayes:

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

Asatryan, Devine, Brotman, Najarian (pro tem)
None
Kassakhian
None
Ayes:

Noes:

Absent:

Abstain:

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

Noes:

Absent:

Abstain:

Asatryan, Devine, Brotman, Najarian (pro tem)
None
Kassakhian
None
15 of 171

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Amendment to the Professional Services Agreement with Ascend Analytics, LLC to Assist Glendale Water and Power with the Development of the City of Glendale 2024 Integrated Resource Plan.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for February 6, 2024 calendar

EXECUTIVE SUMMARY
City of Glendale has an existing Professional Services Agreement (PSA) with Ascend Analytics, LLC (“Ascend”) to assist Glendale Water and Power (“GWP”) with the development of the City’s 2024 Integrated Resource Plan (IRP) in compliance with SB 350 IRP requirements. The City Council authorized this contract for a not-to-exceed amount of $245,000 plus a fifteen percent contingency in the amount of $36,750, for a contract grand total of $281,750.

In July of 2023, the City executed Amendment No. 1 to the said PSA, increasing the contract within the approved contingency by $35,000, for a new not-to-exceed amount of $280,000. This amendment covered the cost associated with the additional in-person stakeholder engagement sessions.

GWP completed the development of the IRP and presented the report to the City Council in December 2023 with “Scenario 1” as the recommended pathway. The City Council rejected Staff’s recommendation and chose to adopt the IRP subject to incorporating “Scenario 4” as the preferred resource portfolio.

To ensure the accurate reflection of City Council’s preferences in the IRP Report, Staff requests approval for an amendment to the PSA with Ascend, seeking additional funds of $40,000 to implement the directives.
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24b
4 8
9 5

RECOMMENDATION
Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Ascend in the amount of $40,000, for a new not-to-exceed amount of $320,000.

ANALYSIS
The IRP is GWP’s energy roadmap that aids in identifying challenges and highlights opportunities to ensure low-cost, reliable, and environmentally responsible energy is supplied to City of Glendale customers. In compliance with statutory requirements of Senate Bill 350 (SB 350) and to meet the California Energy Commission’s (CEC) deadline of January 1, 2024, GWP contracted with Ascend to assist with the development of City’s IRP for a planning horizon starting 2024 through 2045.

The preparation of the 2024 IRP involved creating complex data models for Resource Adequacy, Capacity Expansion, and Production Cost. In addition, GWP conducted six Stakeholder Technical Advisory Group (STAG) meetings and four Community Townhall sessions to effectively engage with a reasonable cross-sectional representation of the City in its decision-making process. Led by Ascend and Strategen staff, these meetings were integral to the comprehensive preparation of the 2024 IRP.

GWP modeled the following six Scenarios, and their corresponding results:
•Scenario 1: CA Policy – Meets the SB 100 target of 60% RPS by 2030 and 100% zero carbon resources by 2045, including SB 1020 interim targets of 90% by 2035, and 95% by 2040.
•Scenario 2: Zero-Carbon Emissions by 2035
•Scenario 3: Clean by 2045 with REC Purchases for Offsets •Scenario 4: High local resources + accelerated electrification by 2035. •Scenario 5: Moderate local resources + long-duration energy storage by 2042. •Scenario 6: Moderate local resources by 2040.

On December 12, 2023, GWP presented the 2024 Draft IRP report to City Council for adoption. The report emphasized GWP’s preferred pathway (Scenario 1: CA Policy) for achieving goals related to system resiliency, increased renewable resource integration, and emission reduction. This approach focused on balancing reliability, affordability, and environmental sustainability, ensuring a strategic and viable trajectory for the utility’s future energy initiatives. There was a divergence of opinions on the proposed preferred pathway. Ultimately, the Council rejected Scenario 1 and, as an alternative, adopted the 2024 IRP, subject to revision. Council directed staff and Ascend to revise the IRP to incorporate the IRP’s Scenario 4 as the Preferred Resource Portfolio, and to make other necessary revisions consistent with Scenario 4 as the Preferred Resource Portfolio.

Consistent with the resolution, the draft 2024 IRP will be modified to ensure it reflects Council’s preferred portfolio: High local resources +accelerated electrification by 2035 (Scenario 4). This Scenario assumes a considerable amount of local solar PV resources by 2027, distributed energy resources (DER), addition of long duration storage (multi- 17 of 171

34b
4 8
9 5
day), transitioning natural gas generations to green hydrogen, and accelerating the target for 100% clean energy by 2035.

Incorporating Scenario 4 as the preferred pathway requires a comprehensive revision to the IRP, necessitating additional funds to cover essential tasks, including changing the report narrative, charts, CEC Standardized Reporting Tables data, references, and providing assistance for any IRP related inquiries during the CEC review period.

GWP requests an additional $40,000 to continue the related services with key project deliverables on time and material basis. The approval of Amendment No. 2 will enable GWP to efficiently address the Council’s directed revisions and file the IRP to the CEC within the requested 90-day extension (by April 1, 2024).

STAKEHOLDERS/OUTREACH
Not applicable.

FISCAL IMPACT
Amendment No. 2 increases the contract amount by $40,000, to a new not- to-exceed amount of $320,000. The GWP Department can fully absorb this cost. Funds associated with this amendment is available in Fiscal Year 2023-24 budget, as outlined below:

Existing Appropriation
Amount Account String Funding Source
$40,000 GL: 43110-5820-GWP-4680-P0000- Electric Works Revenue Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action herein is not a project and as such the California Environmental Quality Act (CEQA) is not applicable.

CAMPAIGN DISCLOSURE
In accordance with the City Campaign Finance Ordinance No. 5744, the following are the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CEO, subcontractors, and any person or entity with more than ten percent interest in the company proposed for contract in this agenda item report:

Officers of Ascend Analytics, LLC
Full Name Title Business Address City State Zip
Gary Dorris CEO 1877 Broadway,
Suite 706 Boulder CO 80302
Ownership Interest in more than ten percent (10%) in Ascend Analytics, LLC Full Name Title Business Address City State Zip
Sean
Burrows CFO 222 E. Main Street,
Suite 201 Bozeman MT 59715
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44b
4 8
9 5
Vena
Kostroun
VP
Development
440 Grand Avenue,
Suite 420 Oakland CA 94610

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Decline to approve Amendment No. 2 to the existing Professional Services Agreement with Ascend to increase the contract amount by $40,000. Not approving the amendment will delay the comprehensive revisions required to incorporate the IRP’s “Scenario 4” as the Preferred Resource Portfolio and make other necessary revisions to the IRP consistent with Scenario 4 within the 90-day extension (by April 1, 2024).

Alternative 2: Consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Mark Young, General Manager - Glendale Water and Power
Prepared by:

Scott K. Mellon, Assistant General Manager - Power Management Chie Valdez, Integrated Resource Planning Administrator Approved by:

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

EXHIBITS/ATTACHMENTS
None.
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M O T I O N
Moved by Council Member ________________________________, seconded by Council Member __________________________________, that the Council of the City of Glendale hereby authorizes the City Manager, or his designee, to enter into Amendment No. 2 to the existing Professional Services Agreement (PSA) with Ascend Analytics, LLC (Contract No. 8002134) with the City of Glendale to increase the contract amount by $40,000, to a new not-to-exceed amount of $320,000, as described in the Report dated February 6, 2024 by the General Manager of Glendale Water & Power Department. The City Manager, or his designee, is authorized to execute said Amendment No. 2 subject to approval by the City Attorney.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
20 of 171

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Summary Vacation of the First Alley Southwesterly of Riverside Drive, Northwesterly of Allen Avenue (Alley 307) for a Equestrian and Canine Kennel Project; Vacation Case No. 189V

1. Resolution Ordering the Vacation

2.Resolution Adopting Plan No. 12-244

COUNCIL ACTION

EXECUTIVE SUMMARY
The property owner of 1900 Riverside Drive is developing an Equestrian and Canine Kennel Project and has requested the vacation of Alley 307.

Public Works Department (PWD) staff have investigated and determined that the said alley is not utilized by the City of Glendale for alley purposes and is used as part of the private equestrian stable operations at 1900 Riverside Drive and recommends that the alley in question be summarily vacated.

RECOMMENDATION
Approve the resolutions involving Vacation Case 189V, the summary vacation of Alley 307, and authorize the City Manager or a designee to execute any other documentation as may be required to accomplish said summary vacation.

1. Approve a resolution ordering the vacation of said public alley; and

2. Adopt Plan No. 12-244 (Exhibit 1) showing the location of said public alley.

ANALYSIS
On May 1, 1939, an easement for public road, highway, and alley purposes, Alley 307, was granted to the City of Glendale by easements over the southerly 20 feet of Lot 18 of Tract No. 9792 as recorded in Book 138, Pages 59 and 60 of Maps. This Item Type: Consent Item
Approved forJanuary 23, 2024 calendar
21 of 171

easement was recorded on July 28, 1939, in Book 16759, Page 309 of Official Records, County of Los Angeles, State of California.

State of California Streets and Highways Code Section 8331 allows the legislative body of a local agency to summarily vacate a street or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.

The summary vacation process differs from the traditional vacation process in that a public hearing is not required. If both above circumstances are met, the City Council can approve a resolution to summarily vacate a public street or alley easement.

The adjacent property belongs to PRI Properties, LLC, a California Limited Liability Company, and Harmony Road, LLC, a California Limited Liability Company (Owners). In May 2023 the Owners’ architect approached PWD to vacate the alley to allow the development of a 16 stable Equestrian and Canine Kennel Project.

After investigation, PWD has determined that for more than five consecutive years the alley has been impassable for vehicular travel and that no public money was expended for maintenance during that period.

Therefore, the vacation qualifies for the summary vacation process, under Streets and Highways Code Section 8331. The city’s easement for public road, highway and alley purposes proposed to be vacated is depicted in Exhibits 1, A, and B, attached hereto.

STAKEHOLDERS/OUTREACH
Staff has worked with the property owner to facilitate the vacation of the public road, highway, and alley easement.

FISCAL IMPACT
There is no fiscal impact associated with this report.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
CEQA does not apply to projects where the lead agency determines "with certainty that there is no possibility that the activity in question may have a significant effect on the environment." CEQA Guidelines (14 Cal. Code Regs.) § 15061(b)(3). Here, the action involves a summary vacation of an alley that has not been used or maintained by the City for public purposes for more than five (5) years. The use of the vacated area as part of an existing facility will continue. There is no possibility that approval of the summary alley vacation will have a significant effect on the environment. 22 of 171

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: The City Council may elect not to approve the resolutions as recommended herein. This would prevent the development of the Equestrian and Canine Kennel Project as currently
designed.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

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

Ruel Villaluna, Senior Civil Engineer
William F. A’Hearn, Senior GIS Project Manager
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Plan No. 12-244
Exhibit A: Legal Description
Exhibit B: Legal Description Drawing
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RESOLUTION NO. __________

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

CALIFORNIA, ORDERING THE SUMMARY VACATION OF THE FIRST ALLEY

SOUTHWESTERLY OF RIVERSIDE DRIVE, NORTHWESTERLY OF ALLEN AVENUE (ALLEY 307), IN GLENDALE, VACATION CASE 189V.

WHEREAS, the City of Glendale (City) holds an easement for public road, highway and alley purposes at 1900 Riverside Drive in the City of Glendale, California, currently owned by PRI Properties, LLC, a California Limited Liability Company and Harmony Road, LLC, a California Limited Liability Company (“Owners”); and WHEREAS, the Owners have applied for the vacation of the City’s Easement for Public Road, Highway and Alley Purposes, which is not necessary for present or prospective public road, highway and alley purposes; and WHEREAS, pursuant to California Streets and Highways Code Section 8331, the City Council may summarily vacate a street or highway if the easement has been impassable for vehicular travel for of period of five consecutive years and no public money was expended for maintenance during such period; and
WHEREAS, the City has determined that the existing easement for public road, highway and alley purposes was granted to the City of Glendale by Easements on May 1, 1939 and recorded on July 28, 1939, in Book 16759, Page 309 of Official Records, County of Los Angeles, State of California which is no longer necessary to the City as an easement for public road, highway and alley purposes, has been determined by the City to be in excess and there are no other public facilities located within the easement which would be affected by the vacation; and
WHEREAS, the summary vacation of the herein subject easement for public road, highway and alley purposes is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the action involves the vacation of an easement for public road, highway and alley purposes where the easement has been determined by the City to be in excess and will not cause or facilitate any physical changes that may result in environmental impacts.

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

SECTION 1:The Council having heard the evidence in relation to the proposed summary vacation of the First Alley Southwesterly of Riverside Drive, Northwesterly of Allen Avenue (Alley 307), Glendale Summary Alley Vacation Case No. 189V, finds from all the evidence submitted that the public alley referred to above is unnecessary for present or prospective alley purposes, and said Council orders the vacation of said public Right-of-Way, in the City of Glendale, County of Los Angeles, State of California, more particularly described in Exhibit “1” which Exhibit is attached hereto and by this reference incorporated herein.
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SECTION 2:The project qualifies as a Class 1 exemption, minor alterations to existing public or private facilities, as provided by the California Environmental Quality Act (CEQA) Guidelines, and is therefore exempt from any environmental review.

SECTION 3: Reference is made to Plan No. 12-244 adopted concurrently herewith by said Council and to be placed on file in the office of the City Clerk for further particulars of the proposed alley vacation.

SECTION 4: The City Clerk is directed to cause a certified copy of this Resolution to be recorded in the office of the County Recorder of Los Angeles County, California.

Adopted this 23rd day of January, 2024
__________________________
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, certify that the foregoing Resolution No. __________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the 23rd day of January, 2024, and that same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
City Clerk
25 of 171

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE ADOPTING PUBLIC WORKS DEPARTMENT PLAN NO. 12-244 FOR VACATION CASE NO. 189V;

THE PROPOSED SUMMARY VACATION OF THE FIRST ALLEY SOUTHWESTERLY OF RIVERSIDE DRIVE, NORTHWESTERLY OF ALLEN AVENUE (ALLEY 307), IN GLENDALE, AND DIRECTING THE CITY CLERK TO FILE SAID PLAN.

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

SECTION 1: The attached Plan for the proposed summary vacation of the public road, highway and alley purposes easement at 1900 Riverside Drive, Vacation Case No. 189V, in the City of Glendale, is hereby approved, adopted, and designated, and shall hereafter be known as Plan No. 12-244.

SECTION 2: The City Clerk is hereby directed to file said Plan in the office of the City Clerk as adopted by this Resolution.

Adopted this 23rd day of January, 2024.
___________________________________
Mayor
ATTEST:
______________________________
The City Clerk of the City of Glendale,

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES SS
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 23rd day of January, 2024, and that same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
City Clerk
26 of 171

159.49
110.35
185.29

27.08 60
110
111.95

21.27 29.26
132.87

69.57 175.62

72.75 75.59

23.56 96.65

84.99 52.24

19.53 175.65
313.41
268.29

21.86 110

52.11 158.37
60 15
RANCHO
60 TRACT NO. 9792
NO. 5971
POR.OF LOT
18 20
20 M. R.PORTION
16 RES.
20 1
17 20
60 M. B. 138 ~ 59 ~ 60
100
1 PROVIDENCIA
VAC

IN THE CITY OF GLENDALE, CALIFORNIA
159.49
110.35
185.29

27.08 60
110
111.95

21.27 29.26
132.87

69.57 175.62

72.75 75.59

23.56 96.65

84.99 52.24

19.53 175.65
313.41
268.29

21.86 110

52.11 158.37
60 15
RANCHO
60 TRACT NO. 9792
NO. 5971
POR.OF LOT
18 20
20 M. R.PORTION
16 RES.
20 1
17 20
60 M. B. 138 ~ 59 ~ 60
100
1 PROVIDENCIA
VAC
Scale
MAP OF PROPOSED SUMMARY VACATION OF ALLEY 307
Map Prepared By:

Mapping & Real Property
W.F. A'Hearn
17 November 2023
50 0 5025
Feet
AG Proj: Vac Case 189V - Alley 307 ~ 1900 RiversideDr.mxd g
Case No. 189V
Legend
Alley 307 to be Vacated
Parcels in Adjacent Citys

THURLEN
E
R
O
A
D
Plan No.
12-244
CITY
OFLO

SANGELE
S
CITY
OFGLE
NDALE

CITY OF BURBANK

CITY OF LOS ANGELES
Los Angeles Equestrian Center
CITY
OF

BURBANK
ALLEY 307
ALLEN
AVENUE

RIVERSIDE
DRIVE
CITY
OF

GLENDALE
Exhibit "1"
1 of 2
27 of 171

50 50

27.0 8
60 185 .29
159 .49
148 .45
127 .49
11 0
11 2.5 3
111 .95

21.27 29.2 6
132 .87
50 69.5 7
175 .62

75.5 9

23.5 6

96.6 5

84.9 9

52.2 4

19.5 3
150
50 175 .65
313 .41
268 .29

21.86 127 .52
11 0
35 50
127 .51

52.11 50
50 1900
1840
1901
1900
100
60 12
50 15

RANCH O
60 TRACT NO. 9792
10 NO . 59 7 1
POR.OF LOT
14 18
20 20

PORTION
16 RES .
20 M.R. 43 ~ 47 TO 59
1 17
20 60
M. B. 138 ~ 59 ~ 60

BOUNDARY
LINE
11 1
13 PROVIDENCIA
141
V A C

BOUNDARY
First Alley Sw'ly of Riverside Dr , Nw'ly of Allen Av (Alley 307) - Glendale, CA 127 .49
159 .49
50 185 .29
50 27.0 8
60 148 .45
11 0
11 2.5 3
111 .95

21.27 29.2 6
132 .87
50 69.5 7
175 .62

75.5 9

23.5 6

96.6 5

84.9 9

52.2 4

19.5 3
150
50 175 .65
313 .41
268 .29
127 .52
35 50

21.86 11 0
50 52.11
50 127 .51
1900
1840
1901
1900
100
60 12
50 15

RANCH O
60 TRACT NO. 9792
10 NO . 59 7 1
POR.OF LOT
14 18
20 20

PORTION
16 RES .
20 M.R. 43 ~ 47 TO 59
1 17
20 60
M. B. 138 ~ 59 ~ 60

BOUNDARY
LINE
11 1
13 PROVIDENCIA
141
V A C

BOUNDARY
Scale
Location Map - Alley Vacation Case 189V
Map Prepared By:

Mapping & Real Property
August 2023
100 0 10050
Feet
AG Proj: Vac 189V Util Notif Map.mxd
g
EXHIBIT 1
2 of 2
300 FOOT RADIUS
300 FOOT RADIUS
Area Proposed
to be Vacated
W. RIVERSIDE DRIVE

CHAVEZST
ALLEN
AVENUE

RIVERSIDE DRIVE
ALLEY 307
ðCðIðTðY ð ðOðF ð ðLðOðSð ðAðN ðG
ðE ðLðE ðS
ðCðIðTðYð ðOðF ð ðGðLðE ðN
ðDðA ðLðE
ðCðIðTðYð ðOðFð ðBðUðRðBðAðNðK
ðCðIðTðYð ð ð ðOðFð ð ð ðGðLðEðNðDðAðLðE
ðCðIðTðYð ðOðFð ðBðUðRðBðAðNðK
ðCðIðTðYð ðOðFð ðLðOðSð ðAðNðGðEðLðEðS
Los Angeles Equestrian Center
ALLEY
20'
28 of 171

29 of 171

30 of 171

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA AMENDING SECTIONS 9.30.010, 9.30.020, 9.30.022, 9.30.025, 9.30.030, 9.30.033, AND 9.30.035, AND ADDING SECTIONS 9.30.040 AND 9.30.045, OF TITLE 9 OF THE GLENDALE MUNICIPAL CODE, 1995, RELATING TO THE RENTAL RIGHTS PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1. Section 9.30.010 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

9.30.010 LEGISLATIVE PURPOSE
Council acknowledges the growing demand for rental housing in Glendale, a testament to the city's appeal and vibrant community. However, with this popularity comes challenges: a limited number of available rentals, some of which do not meet the desired living standards. In addition, rents in Glendale, and in many parts of Los Angeles County, continue to rise as market pressures, such as increasing real estate costs, lead to a decrease of the affordability and stability of the housing stock. As a result, it is increasingly difficult for tenants to find adequate, safe, and habitable housing at reasonable or affordable rents. As a city committed to progress, it is imperative to address these challenges to maintain our reputation as a thriving community.

Council aims to balance the rental experience by fostering positive landlord-tenant relationships. Every individual, particularly our most vulnerable population including senior citizens and those with low or fixed incomes, deserves a secure, comfortable home without any apprehension.

Recognizing the growing housing shortage and heightened demand coupled with inflation, Council emphasizes stability and aims to minimize disruptions for tenants amidst an increasingly competitive housing market. Offering relocation benefits for significant rent increases intends to support individuals who might struggle with sudden housing cost changes, ensuring continued stability.

It is imperative for landlords to prioritize the care and maintenance of residential units, meeting minimum housing standards. This is especially crucial for community members with limited resources, who are more vulnerable to housing challenges and fear retaliation, making them more likely to accept substandard conditions.

By enacting this chapter, Council is taking initiative to ensure that the City of Glendale remains a robust community focused on safeguarding the health, safety, and welfare of Glendale's residents while providing landlords an ability to receive a fair and reasonable return with respect to the operation of their property. Encouraging property owners to uphold high- quality living spaces while discouraging retaliatory actions against tenants remains paramount. 31 of 171

2 Upholding minimum housing standards fosters a community where everyone, irrespective of resources, feels secure and valued in their homes.

This initiative reaffirms Councils commitment to ensuring a safe, habitable, and stable housing environment for all residents. Council aim is to cultivate a thriving community where every individual feels valued, secure, and empowered to lead fulfilling lives. This Chapter shall be called the Rental Rights Program.

SECTION 2. Section 9.30.020 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

9.30.020 DEFINITIONS.

Unless the context otherwise requires, the terms defined in this chapter shall have the following meanings and govern the construction of this chapter. “Base rent” means the rental amount, including any amount paid to the landlord for parking, storage, utilities, water, garbage or any other fee or charge associated with a residential property required to be paid by the tenant to the landlord on September 18, 2018, plus any lawful rent increases that were authorized by Ordinance No. 5919, entitled “An Ordinance of the City Council of the City of Glendale, California, Establishing a Temporary Moratorium on Certain Residential Rent increases in the City of Glendale.” A tenancy which began after September 18, 2018, base rent shall be the amount of the initial monthly rent charged for that rental unit, plus any rent increase authorized by Ordinance No. 5919. On or after October 1, 2023, base rent means, for any tenancy commencing after that date, the rental amount, including any amount paid to the landlord for reoccurring charges or other fees regardless of the frequency of payment for such items as parking and storage, excluding any usage charges, such as charges for the service or applicable part of the service that are calculated by multiplying the volume of units that the Tenant used or incurred in a period, such as charges for utilities. “Eviction” means any action taken by the landlord to remove a tenant involuntarily from a rental unit and terminate the tenancy, whether pursuant to a notice to quit, or by judicial proceedings, or otherwise.
“Landlord” means any person, partnership, corporation, family trust or other business entity offering for rent or lease any residential property in this city. With respect to any tenancy, “landlord” shall also be deemed to mean any person, partnership, corporation, family trust, or other business entity that is a predecessor in interest or successor in interest to that tenancy, as applicable.
“Lease year” means the year during which the one (1) year lease is in effect. “Non-relocation rent increase” means a rent increase of seven (7) percent or less than the rent that was in place at any time during the twelve (12) month period preceding the effective date of the rent increase.
32 of 171

3 “Qualified Tenant” means:
a. Any Tenant in the Rental Unit is a low-income tenant (low-income tenant means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5); and

1. A member of Tenant’s household is:
(i) 70 years of age or older; or
(ii) disabled as defined in Title 42 United States Code Section 423 or handicapped as defined in Section 50072 of the California Health and Safety Code; or
(iii) the primary residence of a school-aged (grades Pre-K-12) child enrolled in a school located in the public school district to which the Rental Unit is assigned, and the Notice of Termination requires that the Rental Unit be vacated during the current school term.
b. Any Tenant in the Rental Unit is a very low-income tenant (very low-income tenant means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5).
“Rent” means a fixed periodic compensation paid by a tenant at fixed intervals to a landlord for the possession and use of residential property, including any amount paid to the landlord for parking, storage, or any other fee or charge associated with the tenancy. “Rent” excludes costs associated with a ratio utility billing system which allocates the property’s actual utility bill to the tenant based on an occupant factor, square footage factor or any other similar factors.
“Rental complex” means one (1) or more buildings used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.
“Rent increase” means any upward adjustment of the rent. “Rental unit” means a dwelling unit available for rent in the city of Glendale together with the land and appurtenant buildings thereto and all housing services, privileges and facilities provided in connection with the use or occupancy thereof, which unit is located in the structure or complex containing a multiple dwelling, boarding house or lodging house. Rental unit shall 33 of 171

4 include units that do not have the required Certificate of Occupancy, even when they do not meet the legal definition of a dwelling unit under the Glendale Municipal Code.

The term “rental unit” shall not include the following:
(1) Rooms or accommodations in hotels (as defined in Section 4.32.020); (2) Boarding houses or lodging houses which are rented to transient guests for a period of less than thirty (30) consecutive days;
(3) Housing accommodations in a hospital, convent, monastery, church, religious facility, extended care facility, asylum, nonprofit home for the aged; (4) Dormitories owned and operated by an institution of higher education, or a high school or elementary school;
(5) Rental units located on a parcel containing nine (9) or fewer dwelling units; (6) Rental units within a common interest development, except when the rental unit’s landlord owns fifty (50) percent or more of the units in the common interest development;
(7) Rental units owned or operated by any government agency; (8) Rental units that require intake, case management or counseling as part of the occupation, and an occupancy agreement; or rental units subject to a covenant or agreement, such as a density bonus housing agreement, inclusionary housing agreement or an affordable housing agreement, with a government agency, including the city, the housing authority, the state of California, or the federal government, restricting the rental rate that may be charged for that unit.
“Tenant” means a person entitled by a written or oral agreement to occupy a rental unit to the exclusion of others, and actually occupy said rental unit. (Ord. 5922 § 2, 2019; Ord. 5910 § 1, 2018; Ord. 5340 § 1, 2003; Ord. 5326, 2002)
SECTION 3. Section 9.30.022 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

9.30.022 MAJOR REHAB RETROACTIVE DATE
Requirements relating to 9.30.030 G and all other provisions relating to substantial remodel, shall apply retroactively to October 1, 2023.
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5 SECTION 4. Section 9.30.025 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

9.30.025 REQUIREMENT OF OFFERING ONE-YEAR WRITTEN LEASES.

A. Offer.

1. A landlord shall offer in writing a lease with a minimum term of one (1) year to:
a. Any prospective tenant.
b. Any current tenant at the first time the landlord serves a notice of rent increase following the effective date of the ordinance enacting this chapter, unless the landlord has notified the tenant that the tenant is in default under the month-to-month tenancy and offering a lease to the tenant may waive any claims the landlord has regarding the default.

2. Such offer must be made in writing and must include the monthly rate of rent to be charged for occupancy for the duration of the lease. Signing of a lease which has a minimum term of one (1) year shall be considered an offer in writing.

B. Acceptance. If the tenant or prospective tenant accepts the offer of a written lease which has a minimum term of one (1) year, this acceptance must be in writing. Signing a lease which has a minimum term of one (1) year will be considered an acceptance.

C. Rejection. If the tenant rejects the offer of a written lease or does not accept the landlord’s offer within fourteen (14) days of service of the written offer, then the offer of the written lease shall be deemed rejected. If the tenant or prospective tenant rejects the offer for a written lease which has a minimum term of one (1) year, then the landlord and tenant or prospective tenant may enter into an agreement, oral or written, that provides for a rental term of less than one (1) year.

D. Relocation Eligibility. If a lease offer includes a rent increase that exceeds a non-- relocation rent increase (subject to banking of deferred rent increases set forth in Section 9.30.033(B)), the tenant may elect to vacate the rental unit and exercise relocation assistance pursuant to Sections 9.30.033 and 9.30.035(B). The landlord’s written lease offer must provide notice of tenant’s potential eligibility for relocation benefits.

E. Rent. If the landlord and tenant enter into a written lease which has a minimum term of one (1) year, such lease must set forth the amount of the rent, which may not be modified during the lease year.
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6 F. Renewal of Lease. Not later than sixty (60) days prior to the expiration of the lease and every lease year thereafter that a written lease is in effect pursuant to this section, the landlord shall notify those tenants identified in the lease of such expiration and offer in good faith in writing to the tenants a written lease or lease renewal with a minimum term of one (1) year, provided there is no just cause for eviction pursuant to Section 9.30.030 of this chapter.

Such offer must be made in writing and must include the proposed monthly rate of rent for occupancy of the rental unit, which may not be modified during the lease year.

If the lease renewal offer includes a rent increase that exceeds a non-relocation rent increase (subject to banking of deferred rent increases set forth in Section 9.30.033(B)), the tenant may elect to vacate the rental unit at the end of the term of the existing lease year and exercise relocation assistance pursuant to Sections 9.30.033 and 9.30.035(B). The landlord’s renewal offer must provide notice of tenant’s potential eligibility for relocation benefits.

Within thirty (30) days of receipt of such written offer, the tenant shall either notify the landlord in writing of his or her acceptance of the offer of a written lease, as set forth herein or reject the offer.

Notwithstanding the notification provision of Section 9.30.033(B), the tenant in receipt of a written lease offer shall have up to thirty (30) days after receipt of the written renewal offer to notify the landlord of his or her intent to vacate the rental unit at the end of the lease year and exercise relocation rights pursuant to Sections 9.30.033 and 9.30.035(B). Failure to accept the offer in writing shall be deemed a rejection. If the tenant rejects the offer of a written lease which has a minimum term of one (1) year, the landlord and tenant may then enter into an agreement, oral or written, that provides for a rental term of less than one (1) year. Failure to offer such a renewal of the lease shall render future rent increases null and void, until a landlord presents a new offer of a written lease with a minimum term of one (1) year, provided that the rental rate(s) set forth in such lease offer shall not increase for a period of ninety (90) days after the effective date of the lease.

G. Future Offers. As of the effective date of the ordinance enacting this section, the requirement to offer a future written lease renewal shall be in effect for one full year after the anniversary of the rent increase date. After such time, any time a tenant rejects an offer of a written lease or written lease renewal with a minimum term of one (1) year, the landlord shall not be required to subsequently offer a one (1) year lease, unless and until the Tenant requests a lease offer, in which case, the parties may negotiate the terms of a new lease, which shall be substantially similar to the terms of month-to-month offer.

H. Good Faith. This chapter requires the exercise of good faith, which shall mean honestly and without fraud, collusion or deceit. It shall further mean that the written lease is not being utilized as a method of circumventing any of the provisions of this chapter. An example of good faith is when the landlord offers in writing a lease which has a minimum term of one (1) year, that lease is substantially similar to the written rental agreement for a period of less than one (1) year.
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7 I. Applicability. This section shall not apply to:

1. A rental unit occupied by a tenant who subleases that unit to another tenant for less than one (1) year; or

2. A rental unit where tenancy is an express condition of, or consideration for, employment under a written rental agreement or contract or a unit leased to a corporation; or

3. Rental units in a rental complex of nine (9) units or less on a parcel. (Ord. 5922 § 4, 2019)
SECTION 5. Section 9.30.030 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

9.30.030 EVICTIONS.

Notwithstanding California Civil Code Section 1946, a landlord may bring an action to recover possession of a rental unit as defined herein only upon one (1) of the following grounds:

A. The tenant has failed to pay the rent to which the landlord is entitled.

B. The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure such violation after having received written notice thereof from the landlord, other than a violation based on:

1. The obligation to surrender possession upon proper notice; or

2. The obligation to limit occupancy when the additional tenant who joins the occupants is a dependent child who joins the existing tenancy of a tenant of record or the sole additional adult tenant. The landlord has the right to approve or disapprove the prospective additional tenant, who is not a minor dependent child, provided that the approval is not unreasonably withheld.

C. The tenant is permitting to exist a nuisance in, or is causing damage to, the rental unit, or the appurtenances thereof, or to the common areas of the rental complex, or creating an unreasonable interference with the comfort, safety or enjoyment of any other residents of the rental complex within a one thousand (1,000) foot radius extended from the boundary line of the rental complex.

The term “nuisance” as used herein includes, but is not limited to, any gang-related crime, any documented activity commonly associated with illegal drug dealing, including complaints of noise, steady traffic day and night to a particular unit, barricaded units, sighting of weapons, drug loitering as defined in California Health and Safety Code Section 11532, or other drug related circumstances brought to the 37 of 171

8 attention of the landlord by other tenants, persons within the community, law enforcement agencies or prosecutorial agencies. For purposes of this subdivision, gang-related crime is any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or intended victim of the crime is a known member of a gang.

The term “nuisance” as used herein includes anything which is injurious to health, is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, unlawfully obstructs the free passage or use, in the customary manner of any common area or otherwise, or creates such a continuous and serious nuisance, in terms of noise or aggressive behavior or similar activity, that the neighboring tenants are seriously affected, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

D. The tenant is using, or permitting a rental unit, the common areas of the rental unit or rental complex containing the rental unit, or an area within a one thousand (1,000) foot radius from the boundary line of the rental complex, to be used for any illegal purpose.

The term “illegal purpose” as used herein, includes, but is not limited to violations of the provisions of Divisions 10 through 10.7 of the California Health and Safety Code.

E. A person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.

F. The tenant has refused the landlord reasonable access to the unit for the purposes of making repairs or improvements, or for any reasonable purpose as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.

G. The landlord seeks in good faith to recover possession so as to:

1. Demolish the rental unit; or

2. Substantially remodel the building or buildings housing the rental unit or units; and:
a. Such work costs not less than the product of eight (8) times the greater of the amount of the monthly rent or the fair market rent as established by the U.S. Department of Housing and Urban Development for a rental unit of similar size in Los Angeles County times the number of rental units upon which such work is performed. For purposes of this section, the monthly rent shall be the average of the preceding twelve (12) month period; and
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9 b. The work necessitates the eviction of the tenant because such work will render the rentable unit uninhabitable for a period of not less than 45 calendar days, except that if the landlord seeks to recover possession for the purposes of converting the rental unit into a condominium, cooperative or community apartment, the landlord must comply with the notice requirements of Government Code Section 66427.1. c. For purposes of this section, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 45 days.

Cosmetic improvements alone, including flooring, countertops replacement, painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.

H. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by:

1. A resident manager, provided that no alternative vacant unit is available for occupancy by a resident manager; except that where a building has an existing resident manager, the landlord may only evict the existing resident manager in order to replace him or her with a new manager.

2. The landlord or the landlord’s spouse, grandparents, brother, sister, father-in- law, mother-in-law, son-in-law, daughter-in-law, children, or parents provided the landlord is a natural person. However, a landlord may use this ground to recover possession for use and occupancy by the landlord, landlord’s spouse, child, parent, in-laws or grandparents only once for that person in each rental complex of the landlord.

3. Tenants that require an occupancy agreement and intake, case management or counseling as part of the tenancy.

4. Residency Requirements for Replacement Occupant. The landlord must in good faith intend that the landlord, eligible relative, or a resident manager will occupy the rental unit within two months after the existing tenant vacates the rental unit, and that the landlord, eligible relative, or a resident manager will occupy the rental unit as a primary residence for a period of no less than one full year. Failure of the landlord, eligible relative, or a resident manager to occupy the rental unit within two months after the existing tenant vacates 39 of 171

10 the unit, or failure of the landlord, eligible relative, or a resident manager to occupy the rental unit as a primary residence for a minimum period of one full year, may be evidence that the landlord acted in bad faith in recovering possession of a rental unit. It will not be evidence of bad faith if a landlord recovers possession of a rental unit for use and occupancy by a resident manager, and during the next year replaces the resident manager with a different resident manager. Except that, a landlord may not utilize this ground for evicting a qualified tenant, unless no other comparable unit is available.

5. Number of units applicable. A landlord may use this ground to recover possession for use and occupancy by the landlord, eligible relative, or a resident manager only once for that person in any rental complex of the landlord.

6. Enforcement. In addition to all other penalties authorized by law, the following penalties apply for violations of the provisions of this Section:
(a) If a landlord acts in bad faith in recovering possession of a rental unit pursuant to this Section, the landlord shall be liable to any tenant who was displaced from the property for three times the amount of actual damages, exemplary damages, equitable relief, and attorneys' fees. (b) Nothing in this paragraph precludes a tenant from pursuing any other remedy available under the law.

I. The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use pursuant to state law.

J. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a government agency’s order to vacate, or any other order that necessitates the vacating of the building, housing or rental unit as a result of a violation of this code or the Glendale building and safety code, or any other provision of law.

K. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a contractual agreement relating to the qualifications of tenancy with a governmental entity, where the tenant is no longer qualified.

L. The tenant has continued to smoke, as defined in Section 8.52.030 of this code, in any one (1) or more of the following places, after the landlord’s verbal or written warning to stop smoking:

1. In a rental unit that the landlord had designated as a non-smoking unit; or 40 of 171

11 2. In a common area, as defined in Section 8.52.030 of this code, where smoking is prohibited under Section 8.52.080 of this code. (Ord. 5628 § 25, 2008; Ord. 5383, 2004; Ord. 5340 § 2, 2003; Ord. 5326, 2002) SECTION 6. Section 9.30.033 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

9.30.033 RENT BASED TERMINATION.

A. Requirement. If a landlord issues a notice for a rent increase that will increase the rent by an amount that is greater than a non-relocation rent increase, then the tenant may elect to vacate the rental unit, and, in the case of such election, the landlord shall:
(1) pay the tenant relocation assistance in accordance with Section 9.30.035; and (2) at the tenant’s request, the landlord shall waive the statutory requirement of tenant’s notice to terminate the tenancy. Except as set forth in Section 9.30.025(F), the tenant shall exercise election of his or her right to vacate the rental unit and receive relocation assistance pursuant to this section and Section 9.30.035 within fourteen (14) days of service of the rent increase notice. Nothing herein shall prohibit the landlord from rescinding a rent increase that exceeds a non-relocation rent increase prior to the tenant’s election to vacate and receive relocation assistance, or prohibit the parties from subsequently agreeing on a rent increase amount at or below a non- relocation rent increase.

B. Banking. Notwithstanding subsection A, to the extent the landlord has not increased rent up to the amount of the non-relocation rent increase, measured as a percentage and measured at the time of the most recent rent increase, a landlord shall have the ability to apply any deferred non-relocation rent increase to future rent increases; provided, however:
(1) if the landlord increases the rent at any time in an amount that is greater than fifteen (15) percent than the rent that was in place at any time during the twelve (12) month period preceding the effective date of the noticed rent increase, then the tenant may elect to vacate the rental unit and receive relocation assistance and waived noticing rights pursuant to subsection A and Section 9.30.035;
(2) the landlord shall not be permitted to accumulate more than an amount equal to the preceding three (3) years of deferred non-relocation rent increases.

Banking of non-relocation rent increases as set forth in this subsection shall be calculated on a simple basis. For example, a deferred non-relocation rent increase from one (1) year of three (3) percent plus a deferred non-relocation rent increase from a subsequent year of three point five (3.5) percent is an allowable combined increase of six point five (6.5) percent, not six point six 41 of 171

12 (6.6) percent. The maximum amount of banked or deferred non-relocation rent increases shall be twenty-one (21) percent. Calculation of banking authorized pursuant to this subsection shall commence upon the first rent increase implemented by a landlord after the effective date of the ordinance enacting this chapter, and determined by calculating the amount of any deferred non- relocation rent increase, if any, at that time. By way of example and not limitation, if, after the effective date of the ordinance enacting this chapter, the landlord is permitted to increase the rent by five (5) percent on April 1, 2019 to remain under the non-relocation rent increase amount, but only increases it by three (3) percent, the landlord may apply that deferred non-relocation rent increase to a future rent increase, provided that if a future rent increase raises the rent greater than fifteen (15) percent more than the rent that was in place at any time during the twelve (12) month period preceding the effective date of the future rent increase, the tenant may elect to vacate the rental unit and receive relocation assistance in accordance with subsection A and Section 9.30.035.

The provisions of this section shall be deemed to be covenants running with the land and shall be binding upon and shall inure to the benefit of landlord and tenant and their respective successors and assigns and all subsequent landlords and tenants respectively hereunder.

C. This section shall not apply, and a relocation fee shall not be required to be paid pursuant to Section 9.30.035, to any rental unit that received a certificate of occupancy after February 1, 1995. (Ord. 5922 § 7, 2019)
SECTION 6. Section 9.30.035 of the Glendale Municipal Code, 1995 is hereby amended to read as follows:

9.30.035 REQUIRED PAYMENT OF RELOCATION FEE.

A. If the termination of tenancy is based on the grounds set forth in subsection G, H, I or J of Section 9.30.030, then the landlord shall pay a relocation fee in the amount of the product of three (3) times the greater of the amount of the current rent or the fair market rent as established by the U.S. Department of Housing and Urban Development for a rental unit of similar size of that being vacated in Los Angeles County during the year the unit is vacated, plus two thousand dollars ($2,000.00), which amount shall be reviewed periodically not to exceed three years by the City Council and adjusted as necessary.

B. If the termination of tenancy is caused by the tenant’s election to vacate the unit in accordance with Section 9.30.033 when the landlord has imposed a rent increase that exceeds a non-relocation rent increase, the landlord shall pay a relocation fee equal to the product of three (3) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord, which multiplier shall be reviewed periodically not to exceed three years by the City Council and adjusted as necessary.

C. The relocation fee shall be paid to the tenant or tenants as follows:
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13 1. The entire relocation fee shall be paid to a tenant who is the only tenant in a rental unit; or

2. If a rental unit is occupied by two (2) or more tenants, then each tenant of the unit shall be paid a pro-rata share of the relocation fee.

3. In the event of a Qualified Tenant, all relocation values shall be doubled.

D. Landlord may deduct from the relocation fee payable any and all past due rent owed by tenant during the twelve (12) months prior to termination of tenancy and may deduct from the relocation fee any amounts paid by the landlord for any extraordinary wear and tear or damage cause by the tenant, cleaning, or other purposes served by a security deposit as defined by the rental agreement, to the extent the security deposit is insufficient to provide the amounts due for such costs. After taking into account any adjustments in the amount of the relocation assistance provided herein, the landlord shall pay the relocation fee as follows:

1. If the relocation fee is being paid pursuant to subsection A of this section, then the landlord shall pay one-half (1/2) of the relocation assistance no later than five (5) days following service of the notice to a tenant of the termination and one-half (1/2) of the relocation assistance no later than five (5) days after the tenant has vacated the rental unit.

2. If the relocation assistance is being paid pursuant to subsection B of this section, then the landlord shall pay one-half (1/2) of the relocation fee no later than five (5) days following receipt of written notice that the tenant intends to vacate the rental unit and one-half (1/2) of the relocation fee no later than five (5) days after the tenant has vacated the rental unit. If the tenant ultimately fails to vacate the rental unit, the tenant shall reimburse relocation fee to the landlord, unless the parties agree otherwise.

E. Subsection A of this section shall not apply in any of the following circumstances:

1. The tenant received written notice, prior to entering into a written or oral tenancy agreement, that an application to subdivide the property for condominium, stock cooperative or community apartment purposes was on file with the city or had already been approved, whichever the case may be, and that the existing building would be demolished or relocated in connection with the proposed new subdivision, and the termination of tenancy is based on the grounds set forth in subsection G or I of Section 9.30.030.

2. The tenant received written notice, prior to entering into a written or oral agreement to become a tenant, that an application to convert the building to a condominium, stock cooperative or community apartment project was on file with the city or had already been approved, whichever the case may be, and 43 of 171

14 the termination of tenancy is based on the grounds set forth in subsection G or I of Section 9.30.030.

3. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by a resident manager, provided that the resident manager is replacing the existing resident manager in the same unit. For the purposes of this exception, a resident manager shall not include the landlord, or the landlord’s spouse, children or parents.

4. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency’s order to vacate the building housing the rental unit due to hazardous conditions caused by a natural disaster or act of God.

5. The tenant receives, as part of the eviction, relocation assistance from another government agency, and such amount is equal to or greater than the amount provided for by Section 9.30.035.

F. Subsection B of this section shall not apply, and a relocation fee shall not be required to be paid, as to any rental unit that received a certificate of occupancy after February 1, 1995.

G. The requirement to pay relocation assistance is applicable to all rental units, regardless of whether the rental unit was created or established in violation of any provision of law.

H. Nothing in this subsection relieves the landlord from the obligation to provide relocation assistance pursuant to any other provision of local, state or federal law. If a tenant is entitled to monetary relocation benefits pursuant to any other provision, of local, state or federal law, then such monetary benefits shall operate as a credit against monetary benefits required to be paid to the tenant under this subsection.

I. Where applicable, written notice of tenant’s entitlement to relocation assistance shall be provided by the landlord at the same time that the landlord provides notice of termination of tenancy from a rental unit. Where a landlord issues a notice of a proposed rent increase that will exceed the non-relocation rent increase, including as part of a written lease offer or written lease renewal offer required pursuant to Section 9.30.025, the landlord shall provide a written notice of tenant’s potential entitlement to relocation assistance at the same time that the landlord provides notice of a rent increase and, if applicable, written lease offer or lease renewal offer.

J. Text of Notice. The notice of potential eligibility to relocation assistance shall state:
“NOTICE: Under Title 9, Chapter 30 of the Glendale Municipal Code, a landlord must provide qualifying tenants this notice of the tenant’s eligibility for relocation assistance at the same time the landlord provides a notice of termination of tenancy or when a landlord provides a notice of a rent increase that will increase 44 of 171

15 the rent to an amount more than seven percent (7%) during a twelve (12) month period and the tenant elects to not remain in the residential unit. Under Section 9.30.033(B), landlords are permitted to bank deferred rent increases, so a rent increase may be more than seven percent (7%) during a twelve (12) month period, but not more than fifteen percent (15%) over a twelve (12) month period, depending on the amount of prior deferred rent increases, before triggering relocation benefits. Unless part of a written lease renewal offer, tenant shall have fourteen (14) days to elect to vacate the unit and exercise relocation benefits pursuant to Sections 9.30.033 and 9.30.035. Qualifying tenants are entitled to relocation assistance as follows: the product of three (3) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord. A qualified tenant as defined in Section 9.30.020 is entitled to double the relocation value.

Under Civil Code Section 1942.5 and Glendale Municipal Code Section 9.30.060, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights. (Ord. 5922 § 8, 2019; Ord. 5383, 2004; Ord. 5340 § 4, 2003) SECTION 7. Section 9.30.040 of the Glendale Municipal Code, 1995 is hereby added to read as follows:

9.30.040 INTENTIONAL DISREPAIR/DAMAGE TO RENTAL UNIT/COMPLEX In addition to the protections provided in California Civil Code section 1941.1 relating to the implied warranty of habitability and the requirements imposed by California Civil Code section 1941.2 relating to tenants’ affirmative obligations, any intentional allowance on the part of the landlord for a rental unit to fall into disrepair, a landlord will offer temporary relocation as follows:

1. If the activities will make the rental unit an untenantable dwelling, as defined in California Civil Code section 1941.1, or will expose the tenant at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos, the landlord shall provide tenant with the following temporary relocation benefits during the temporary displacement period:
(a) Relocation to a motel or hotel accommodation which is safe, sanitary, comparable to the tenant's sleeping arrangement, located in the City of Glendale, or if suitable accommodation is not available within the City of Glendale, then within two miles of the tenant's rental unit, and contains standard amenities such as a television; (b) Reasonable compensation for meals, if the temporary accommodation lacks cooking facilities;
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16 (c) Reasonable compensation for laundry, if tenant's rental unit included laundry facilities inside the rental unit and the temporary accommodation does not include laundry facilities inside the unit;
(d) Reasonable accommodation for pets that were permitted in tenant's rental unit under the terms of the rental agreement or by law if the temporary accommodation does not accept pets;
(e) Any costs related to relocating the tenant to temporary housing accommodations, regardless of whether those costs exceed rent paid by the tenant for tenant's rental unit; and
(f) Any costs related to returning tenant to his/her rental unit, if applicable.

2. Unless otherwise agreed upon by landlord and tenant, the landlord shall make payment directly to the motel or hotel as required under herein. The landlord shall pay for lodging in the motel or hotel, even if the cost of such lodging is more expensive than the tenant's existing rent calculated on a daily basis. All other compensation hereunder shall be payable directly to the tenant, unless otherwise agreed upon by the landlord and tenant.

3. The landlord shall have the option, in lieu of providing tenant relocation as required herein of providing the tenant with comparable housing at any time during the period of the displacement, subject to the following:
(a) Such housing shall be comparable to the tenant's rental unit in location, size, number of bedrooms, furnishings, appliances, accessibility, type and quality of construction, proximity to services and institutions upon which the displaced tenant depends, and amenities, including the allowance for pets should the tenant have pets permitted under the rental agreement or by law.
(b) If the landlord provides comparable housing at any time during the period of displacement, the tenant shall be entitled to remain at that same comparable housing unit throughout the period of displacement.
(c) The landlord shall pay all costs associated with the temporary housing, including rent, even if the temporary housing is more expensive than the tenant's existing rental unit.
(d) If the temporary housing is unfurnished, the landlord shall provide essential furnishings and household items or pay reasonable moving costs for the tenant to move essential furniture and household items to and from the rental unit and the temporary housing.
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17 (e) The landlord and tenant may agree that the tenant will occupy a non- comparable replacement unit provided that the tenant is compensated for any reduction in accommodations, amenities, and services.

4. A landlord and tenant may mutually agree to allow the landlord to pay the tenant a per diem amount for each day of temporary relocation in lieu of providing temporary replacement housing. The agreement shall be in writing and signed by the landlord and tenant and shall contain the tenant's acknowledgment that he/she received notice of his/her relocation rights required herein and that the tenant understands his/her rights.

5. The temporary housing required herein shall be available to tenant within 24-hours of service or posting of any order or notice to vacate. In the event the tenant is not required to immediately vacate, temporary housing shall be available to tenant as of the date the tenant actually vacates.

6. The displacement and relocation of a tenant per this section shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy his or her rental unit upon the completion of the work necessary for the rental unit to comply with housing, health, building or safety laws or any governmental order and the tenant shall retain all rights of tenancy that existed prior to the displacement.

7. The tenant shall remain responsible to pay rent to the landlord that is due for the tenant's existing rental unit during the period of displacement.

8. The landlord and the tenant may mutually agree upon a housing type or benefits other than the temporary housing or benefits required herein.

9. The landlord shall provide written notice, before the tenant is temporarily displaced advising the tenant of the right to reoccupy the rental unit under the existing terms of tenancy once the work which necessitated the displacement is completed and the projected completion date of such work. Unless the landlord provides the temporary replacement housing, the tenant shall provide the landlord with the address to be used for the notifications required to be provided by the landlord. When the date on which the rental unit will be available for reoccupancy is known, or as soon as possible thereafter, the landlord shall provide written notice to the tenant by personal delivery, or registered or certified mail. If it became necessary to temporarily relocate the tenant for over 30 days and the tenant has a separate tenancy agreement with a third party housing provider, the landlord shall give the tenant a minimum of 30 days written notice to reoccupy the rental unit. In all other cases, the landlord shall give the tenant a minimum of seven days written notice to reoccupy, unless the landlord gave the tenant written notice of the date of reoccupancy prior to the start of temporary relocation.

10. Nothing in this section shall be construed as authorizing a landlord to require a tenant to vacate a unit, except as permitted under federal, state, or local law. 47 of 171

18 11. The remedies herein are cumulative and in addition to any other remedies available under federal, State, or local law.

12. Option to voluntarily terminate tenancy.
a. If the temporary untenantable conditions of a rental unit are projected to persist for 30 days or more, the tenant of that rental unit shall have the option to terminate the tenancy voluntarily pursuant to a tenant buyout agreement in accordance with the provisions of Section 9.30.035A, and the return of any security deposit that cannot be retained by the landlord under applicable law.
b. If the temporary untenantable conditions of a rental unit continue for 30 days longer than the projected completion date of the work, as set forth in the written notice to tenant, the tenant's option to terminate voluntarily the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of this subchapter shall be renewed.

13. Required Notice by Tenant. The tenant shall provide written notice to the landlord of the conditions that have rendered the rental unit untenantable and allow the landlord reasonable time to address the issue, unless further occupancy in the rental unit will be unsafe for habitation under federal, state, or local law. Such notice shall not be required if the landlord has independently or through other means become aware of the untenantable conditions.

SECTION 8. Section 9.30.045 of the Glendale Municipal Code, 1995 is hereby added to read as follows:

9.30.045 RENT REDUCTION FOR SERVICE REDUCTION
A. Reduced Services Defined.

1. For the purposes of this ordinance, "reduced services" refer to a significant and extended decrease in housing services and amenities that were included in the original rental agreement and have been provided to the tenant as part of the rental unit.

2. Examples of reduced services may include, but are not limited to, the following:
a. Reduction of essential utilities (e.g., water, heat, electricity). b. Decreased maintenance or repair services.
c. Closure or significant reduction of common area amenities (e.g., fitness facilities, laundry facilities, community spaces).
d. Loss or reduction of parking availability.
e. Reduction of security services.
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19 f. Other services that were explicitly stated in the rental agreement.

B. Conditions for Rent Decrease.

1. If a tenant experiences a significant and extended reduction in services as defined in this Chapter, the tenant may be entitled to a rent decrease.

2. The tenant shall provide written notice to the landlord of the reduction in services.

The landlord shall have a reasonable time to address the issue. If the issue is not resolved within a reasonable timeframe, the tenant may request a rent decrease.

C. Determining the Rent Decrease.

1. The amount of the rent decrease shall be determined based on the extent and duration of the reduced services. The decrease in rent shall be proportional to the reduction in services, and it shall be calculated according to best practices as dictated by the market, which may be calculated as a two to ten percent of the total monthly rent based on the type of amenity as compared to other units when considering the valuation of such amenities in establishing rent.

The parties shall engage in good faith negotiations considering factors such as the significance of the amenity in relation to the overall property value, the market value of similar units without the amenity, and when available, any documented costs or savings resulting from the removal.

SECTION 9. 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
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20 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.

CITY OF GLENDALE )
I, Dr. Suzie Abajian, 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 ________________, 2024, 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

COMPREHENSIVE CITYWIDE FEE RESOLUTION REGARDING ADMINISTRATIVE

CITATION FINE AMOUNTS TO ADD VIOLATIONS SUBJECT TO FINES AND

PROCESSING FEES RELATED TO THE RENTAL RIGHTS PROGRAM VIOLATIONS WHEREAS, Chapter 1.24 of Title 1 of the Glendale Municipal Code ("GMC") authorizes City enforcement officers to issue administrative citations to responsible persons for violations of the GMC; and
WHEREAS, Chapter 1.24 of Title 1 of the GMC provides that the amount of the fine to be assessed by means of an administrative citation shall be specified by resolution of the City Council; and
WHEREAS, the fine amounts are intended to incentivize violators to correct violations of the GMC in a speedy and efficient manner, thereby conserving City code enforcement resources; and
WHEREAS, Chapter 1.24 of Title 1 of the GMC provides that due to the significant risk posed by certain violations to public health, safety and welfare, the amount of fine to be imposed for certain violations of the GMC shall be of a greater amount than others and shall be established by resolution of the City Council and thus, initial and subsequent fine amounts vary based on such severity, falling into one of three fine tiers; and
WHEREAS, Chapter 1.24 of Title 1 of the GMC provides that the City may also recover the cost of processing the administrative citation (processing fee); and WHEREAS, the Council adopted Resolution 13-96 on June 25, 2013, which established the fine schedule for the then-recently adopted administrative citation program; and
WHEREAS, the Council adopted Resolution 13-216 on December 10, 2013, which included additional GMC violations subject to administrative citation fines and included the amount the City may charge to recover its costs in processing each administrative citation via a processing fee; and
WHEREAS, the Council has, at various times since, in the past, adopted additional resolution which have added, amended or deleted GMC violations subject to administrative citation fines;
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WHEREAS, the Council adopted Resolution 20-69 on June 2, 2020, which established certain fees and increased certain fees for various services, permits and certificates provided by the City, and adopted a comprehensive Citywide fee schedule for the fiscal year 2020-21;
WHEREAS, simultaneously with this Ordinance, the Council has adopted Ordinance No. _____ which amends Chapter 9.30 of the GMC related to the Rental Rights Program; and
WHEREAS, the City desires to include new and additional violations of the GMC related to the Rental Rights Program consistent with the ordinance, which will be subject to administrative citation fines and processing fees.

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

SECTION 1. Fine Amounts: GMC Section Reference. In addition to the violations and corresponding fine amounts to be assessed by means of an administrative citation already adopted in Resolutions 13-96 and 13-216, as well as various other resolutions related to administrative citations, the following additional violations and corresponding fine amounts related to the Rental Rights Program to be assessed by means of an administrative citation, set forth in the attached Exhibit 1, are adopted.

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 52 of 171

amount due from the date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City.

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. Effective Date. This Ordinance’s adopted fees and fines shall take effect and be in force thirty (30) days after the date of its passage.

Adopted this ________ day of __________, 2024.
___________________________
Mayor

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

Ayes:

Noes:

Absent:

Abstain:
___________________________
City Clerk
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EXHIBIT A
Schedule of Chapter 9.30 Code Violations
Code Section Code Description 1st Violation 2nd Violation* 3rd Violation**

9.30.55 Rental Rights Program $400 $1000 $2000
* Within one year of the first violation.
** Each additional violation within one year of the first violation. 54 of 171

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Ordinance Amending Chapter 9.30 (Rental Rights Program)

1. Ordinance for Introduction Amending Chapter 9.30 of the Glendale Municipal Code, 1995 – Relating to the Rental Rights Program.

2. Ordinance Amending the Citywide Fee Resolution and Adding Administration Citation Fine Amounts for Rental Rights Program Violations.

3. Motion Directing Staff.

COUNCIL ACTION
Item Type: Action Item
Approved for January 30, 2024 calendar

EXECUTIVE SUMMARY
In 2022, Glendale City Council (Council) formed the Landlord/Tenant Ad-Hoc Committee (Ad-Hoc Committee) to review the Rental Rights Program ordinance. The Committee met twelve times, focusing on assessing the current ordinance, planning outreach, and exploring dispute solutions.

By August 22, 2023, reports were presented to Council highlighting strengths of the ordinance, areas to improve, and other suggested changes and/or additions. While the outreach strategy received approval, some elements of the proposed ordinance needed clarification, leading to a follow-up meeting on September 27, 2023. This resulted in additional revisions after detailed discussions among Ad-Hoc Committee members.

On November 28, 2023, a comprehensive report was presented to Council, including a revised ordinance reflecting stakeholder input, Ad-Hoc Committee discussions, and Council insights. Council provided feedback on specific areas, prompting staff to explore defining a Qualified Tenant, options for small property owners, and adjustments to the Just Cause Eviction for Renovation provision.
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In addition to the primary areas highlighted by Council, the report offers expanded discussions on potential measures related to major rehabilitation. These include longer eviction notice periods, financial assistance programs, legal aid and representation, pre- renovation assessments, appeals processes, City oversight of permits, renovation impact assessments, notices to the City and tenants, and enforcement provisions for tenant displacement.

RECOMMENDATION
•Approve Proposed Revisions: Following a discussion to determine their preferred options, the Council may choose to approve the proposed revisions to the ordinance.
•Provide Feedback on Proposed Revisions: City Council may opt to offer additional feedback on the proposed changes and request staff to refine the ordinance based on the discussions held.

ANALYSIS
Council initiated the Landlord/Tenant Ad-Hoc Committee in 2022 to review the Rental Rights Program ordinance. The Ad-Hoc Committee's purpose was to gather input and provide recommendations to Council on landlord/tenant rental housing matters. The Ad- Hoc Committee was assigned three main tasks, including reviewing the Rental Rights Program ordinance, developing education and marketing strategies, and evaluating a voluntary dispute resolution program. The Ad-Hoc Committee was originally comprised of seven but now six members, representing both renters and landlords in Glendale, and convened monthly for a total of twelve meetings.

On August 22, 2023, three detailed reports were presented by staff on the Ad-Hoc Committee's work plan. They covered the Rental Rights Program, outreach strategies, and mediation options, resulting from extensive research and collaboration.

The Rental Rights report outlined program strengths, areas for improvement, existing regulations, and recommendations for fairness. The outreach strategies explored ways to inform the community about rental rights through digital campaigns and local partnerships. Meanwhile, the mediation options report analyzed dispute resolution methods.

During the meeting, Council approved the outreach strategy. Council also acknowledged the Rental Rights ordinance recommendations but sought clarification.

Additionally, Council requested exploration of dispute resolution beyond mediation. 56 of 171

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On September 27, 2023, staff convened the Ad-Hoc Committee to address the feedback received from Council. While two committee members were unable to attend the meeting, the remaining four members engaged in an in-depth discussion of Council's feedback. They assessed and discussed the recommendations, subsequently voting on several issues based on thorough deliberation.

On November 28, 2023, staff presented Council with a report summarizing the Ad-Hoc Committee's discussions on the areas Council requested for review (Attachment 1).

This report included a revised ordinance, incorporating changes discussed with the Ad- Hoc Committee, stakeholders, and from Council discussions. After considering community input and deliberating, Council decided to provide feedback on specific areas within the revised ordinance. Council instructed staff to conduct a thorough review of three crucial aspects of the ordinance to provide various options for Council to consider moving forward. These areas of consideration were:
• Defining a Qualified Tenant
• Exploring carve-out options for small property owners ("Mom and Pop" establishments)
• Adjustments to Just Cause Eviction for Renovation provision In response to Council's feedback, staff has identified multiple options outlined in this report for Council's consideration, providing alternatives to the proposals presented on November 28, 2023. Alongside this report, staff has prepared a user-friendly guide, included as attachment 2, to assist Council in navigating the available options.

QUALIFIED TENANT
This category aimed to establish a comprehensive definition encompassing various criteria essential for identifying such tenants. These criteria included disability, age, individuals with low-income status, and families with school-aged children. This detailed categorization was intended to extend an added layer of protection and support for these tenant groups vulnerable to housing insecurities.

The segment of "Qualified Tenant" comprises of four distinct primary areas, each crucial in its definition and coverage:
•Defining Seniors: Outlining and clarifying the specific age parameters and conditions that classify an individual as a senior within the tenant population. •Identifying Disabled Individuals: Establishing a clear set of criteria and qualifications to recognize individuals with disabilities as part of the protected 57 of 171

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category of tenants.
•Addressing School-Aged Families: Detailing the conditions under which families with school-aged children qualify as part of the "Qualified Tenant" category.
•Clarifying Low-Income Individuals: Defining the parameters and conditions that categorize individuals with low-income status.

DEFINING SENIORS
In the proposed ordinance, the term "senior" was initially defined as anyone aged over

62. However, during Council's deliberation, there was consensus that setting the threshold at 62 might be perceived as unreasonable, as this age was considered relatively young and indicative of a workforce-capable demographic. Council members expressed concerns that individuals at this age could still actively participate in the workforce.

In response, staff has outlined several alternative options for Council's consideration, aiming to refine the definition of "senior" beyond the age of 62. There are several age options for Council discussion:

A. 65 year old.

B. 70 years old.

C. 75 years old.

D. 80 years old.

E. Remove Age from Qualified Tenant.

F. Any other age limit as determined by Council.

Of the options provided above, staff recommends that seniors be granted status as a Qualified Tenant and recommends the age be set no less than 65 and no more than 70 years old.

IDENTIFYING DISABLED INDIVIDUALS
In the proposed ordinance, the term "disability" is specifically defined in alignment with Title 42 United States Code Section 423, or as handicapped, as articulated in Section 58 of 171

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50072 of the California Health and Safety Code. This definition encompasses individuals facing limitations outlined within these legal frameworks.

When addressing the issue of defining disability for tenants, it is crucial to recognize that both state and federal governments have established specific definitions for disabled individuals. In light of this, the staff strongly advises against Council's pursuit of creating an additional or more specific definition of disability. This caution stems from the potential implications it may have on fair housing regulations and the risk of litigation.

Attempting to intricately detail what may or may not be considered a disability could lead to complications and legal challenges. It is essential to avoid opening a proverbial "can of worms" by delving into the nuanced aspects of disability definitions.

Rather than attempting to further refine the definition of disability, staff recommends two alternative approaches. One option is to completely exclude disabled individuals from the definition of qualified tenants. Another option is to refrain from explicitly defining disability and, instead, maintain the existing State and Federal definitions. The State of California Fair Housing Laws define disability as a physical or mental impairment that “limits a major life activity” (Government Code Section 12926-12926.1), here is a summary of the definitions for Mental Disability and Physical Disability:

Physical Disability
• Conditions affecting body systems (neurological, immunological, musculoskeletal, etc.) that limit major life activities, regardless of mitigating measures.
• Any health impairment requiring special education or related services. • Having a record or history of specified conditions known to the employer or entity covered.
• Being regarded or treated as having a physical condition making major life activities difficult.
• Being regarded or treated as having a condition that may become a physical disability in the future.
• Exclusions: The definition excludes certain conditions like sexual behavior disorders, compulsive gambling, and substance use disorders resulting from unlawful drug use.

Mental Disability
• Disorders like intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities that limit major life activities. 59 of 171

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• "Limits" are determined without considering mitigating measures unless the measure itself limits a major life activity.
• A disorder or condition limits a major life activity if it makes achieving the activity difficult.
• "Major life activities" include physical, mental, social activities, and working. • Any other mental or psychological disorder or condition not specified in (1) that requires special education or related services.
• Having a record or history of a mental or psychological disorder known to the employer or covered entity.
• Being regarded or treated as having a mental condition making achievement of a major life activity difficult.
• Being regarded or treated as having had a mental or psychological disorder that may become a mental disability.

The California Health and Safety Code (HSC) Section 50072 defines "handicapped" as a family where the head of the household has an orthopedic disability affecting personal mobility or a physical disability impacting employability. It also includes single individuals with such disabilities who require special care or facilities at home. The term encompasses families with a head of household having a developmental disability or mental disorder eligible for rehabilitation or social services.

Title 42 of the United States Code, Section 423 defines disability as:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or in the case of an individual who has attained the age of 55 and is blind (within the meaning of “blindness” as defined in section 416(i)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.

If council chooses to include disabled persons as part of the definition for Qualified Tenant, staff recommends aligning the definition of disability to that of the existing State and Federal definitions.

ADDRESSING SCHOOL-AGED FAMILIES
With regards to defining "School-Aged Families," the proposed ordinance states that any a school-aged (grades Pre-K-12) child enrolled in a school located in the public school district to which the Rental Unit is located would be considered a Qualified 60 of 171

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Tenant. Council expressed the concern that this section could essentially encompass the majority of tenants in Glendale, unintentionally including all residents as Qualified Tenants. To address this concern, staff focused on crafting more precise and detailed definitions specifically tailored to encapsulate the concept of school-aged families.

Staff has identified a few of options for Council's consideration, allowing for flexibility in their decision-making process. These options can be considered individually, or Council may opt to select multiple definitions, combining them to enhance the overall protective measure:

A. School-Aged Families are households that include a child under the age of 18 years with a physical or developmental disability demonstrably proven through medical evidence. The Rental Unit serves as the primary residence for school-aged child, enrolled in grades Pre-K through 12, attending a school within the public school district corresponding to the Rental Unit's assignment.

B. School-Aged Families encompass households that include a child under the age of 18 years with one or more deceased or absent parents, currently under the care of a single parent, designated caretaker, or a sole adopting parent. The Rental Unit serves as the primary residence for school-aged child, enrolled in grades Pre-K through 12, attending a school within the public school district corresponding to the Rental Unit's assignment.

C. Remove School-Aged Families as a criteria for Qualified Tenant.

D. Any other definition determined by Council.

CLARIFYING LOW-INCOME HOUSEHOLDS
Another crucial aspect under the umbrella of a Qualified Tenant is the determination of lower income Tenant. This wasn't a focal point of discussion or concern for Council.

With regards to this discussion, the proposed ordinance uses federal definitions to describe lower income. This definition encompasses two levels of lower income including Very Low income and Extremely Low Income. The following criteria define Very Low and Extremely Low-Income Tenants:

Income Limits based on Persons in Family
1 2 3 4 5
Very Low $44,150 $50,450 $56,750 $63,050 $68,100
Extremely Low $26,500 $30,300 $34,100 $37,850 $40,900
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Based on the current proposed definition, an individual would qualify as low income if their earnings fall below $44,150. Should Council desire adjustments in this category— whether it involves raising or lowering the thresholds—staff recommends considering incremental changes of $5,000 or $10,000 to the existing defined standards. These standards change annually from HUD.

CARVE-OUT OPTIONS FOR SMALL PROPERTY OWNERS
Council requested further exploration regarding carve-out options tailored for small property owners, often referred to as "mom-and-pop" owners, defined in this context as property owners with properties that have four or fewer units. This specific definition aligns with various factors, including considerations based on loan processes and several other pertinent elements influencing small property ownership dynamics.

The definition of "four or fewer units" coincides with prevalent loan practices and lending criteria within the real estate sector. Financial institutions commonly categorize properties with up to four units under a distinct loan category, recognizing the manageable scale and different risk profiles associated with these smaller properties.

This loan categorization often involves different terms, eligibility criteria, and financing options compared to larger multifamily or commercial properties. In fact, a loan is considered a commercial loan when it involves property with five or more units.

It's crucial to emphasize that the decision made in this particular area will significantly impact a considerable number of housing units, estimated at nearly 12,000 units. This number is derived from data sourced from the American Community Survey of 2022 released annually by the United States Census Bureau.

Staff has come up with the following options as possible care-outs for smaller property owners:

A. Exempt properties where the owner resides on-site or within the same building of a property with 4 or fewer units.

B. Retain Current Carve-Out: Our current ordinance exempts properties with four or fewer units from the one-year lease requirement and requires a relocation fee of only “3 X Current Rent” as opposed to the proposed “3 X proposed Rent.” C. Retain Current Carve-Out and additional Carve-Out for areas of intentional disrepair. Landlords who resides on-site or within the same building would be 62 of 171

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exempt from all aspects of intentional disrepair.

D. Fully exempt all properties between two to four units. (SFH are already exempt) E. No Carve-Out for Small Property owners.

F. Any other option considered by Council.

JUST CAUSE EVICTION FOR RENOVATION
Another significant area of discussion revolved around the prerequisites for landlords undertaking major rehabilitation. Within this provision, specific aspects necessitated further exploration to offer varied options. During their discussions, Council expressed concerns that certain proposed alterations might create barriers for landlords considering major rehabilitation efforts, potentially adversely affecting the housing market.
• Uninhabitability Duration
• Qualified Tenant Multiplier
• Other options to Consider

UNINHABITABILITY DURATION
A significant point of concern centered around the duration of uninhabitability, referring to the period during which a unit, slated for major rehabilitation, must be uninhabitable for the landlord to initiate tenant eviction. In the proposed revisions, this duration is set at 90 days. Consequently, the unit would need to be rendered uninhabitable for this duration for the landlord to proceed with tenant eviction. During discussions, several stakeholders and Council members expressed reservations, contending that this 90-day requirement could pose a substantial barrier.

In response to these concerns, staff reviewed the feedback and devised several alternative options to address the perceived challenges associated with the 90-day uninhabitability threshold.

A. Revert to original ordinance: The unit would need to be uninhabitable for 30 days.
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B. 45 days: The unit would need to be uninhabitable for 45 days.

C. 60 days: The unit would need to be uninhabitable for 60 days.

D. Leave as is: The unit would need to be uninhabitable for 90 days.

E. Any other option considered by Council.

QUALIFIED TENANT MULTIPLIER
An area where the status of a Qualified Tenant becomes significant pertains to the amount of relocation assistance they might receive. The proposed ordinance suggests setting this value at twice the relocation fee. This fee hinges on two distinct types of scenarios: one for Just Cause eviction and another for relocation assistance due to rent increases exceeding 7%.

For Just Cause eviction, the proposed calculation is "3 times the greater of Fair Market Rent (FMR) or the tenant's current rent plus $2000." Meanwhile, relocation assistance for increases surpassing 7% is proposed at "3 times the proposed rent." A qualified tenant, depending on the type of relocation, would receive two times the specified calculation. For instance, in the case of an eviction, the formula would be 2 times (3 times FMR or the greater of the tenant's current rent plus $2000).

Council expressed interest in exploring alternative options regarding the treatment of qualified tenants in this realm, seeking additional perspectives or potential adjustments within the relocation assistance framework.

A. Leave as proposed: Relocation fee multiplied by 2.

B. Relocation fee multiplied set at 1.5.

C. Relocation fee plus an additional $3,500, (or other dollar amount agreed to).

D. No additional protections for Qualified Tenant, (Remove Qualified Tenant definition).
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OTHER OPTIONS TO CONSIDER
Council extensively discussed various changes, particularly focusing on Major Rehabilitation. In light of this, Council expressed an interest in further exploration, seeking additional ideas from staff to strengthen this particular area.

The initial report of November 28, 2023, provided a brief overview of a few ideas, and this section aims to delve deeper into those concepts. This expanded discussion intends to offer Council a more comprehensive understanding and evaluation of potential approaches best suited for Glendale's specific needs within the realm of Major Rehabilitation.

A. Extended Notice Periods: Require landlords to provide longer eviction notice periods, especially for long-term tenants. This gives tenants more time to find alternative housing or address issues causing the eviction.

Upon thorough review, the City Attorney’s Office maintains the position that the City is preempted in this matter. State law mandates a 30-day notice period for tenants residing in a unit for less than a year, and a 60-day notice period for those residing in the unit for over a year. Although the proposed idea would extend these notice periods, it falls within the purview of state law, which explicitly governs such matters.

Considering that state law specifically addresses this area, staff believes that Council would not have the authority to enact these changes independently.

However, if the Council is interested in pursuing such changes, legislative efforts can be directed towards amending state laws, akin to our successful efforts in implementing changes regarding extended notices for rent increases exceeding 10%.

B. Financial Assistance Programs: Create financial assistance programs to help tenants facing evictions, providing temporary relief or rental assistance.

Expanding financial assistance programs to aid tenants facing evictions involves establishing structured initiatives that offer relocation assistance. The program could function by providing eligible tenants with direct financial support, helping to pay additional relocation or related expenses during evictions.

Program Structure:

Eligibility Criteria: Clearly define eligibility criteria based on income levels, family size, and other relevant factors.
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Application Process: Establish a straightforward application process, ensuring accessibility for tenants in need.

Aid Calculation: Determine the amount of financial aid based on factors such as the tenant's income, the severity of the financial crisis, and local housing costs. Staff would recommend assistance to be anywhere between $500 to $3500 depending on scope or size of the program.

Budgetary Considerations:

Staff would need to determine the annual budget required for the program, considering factors such as the number of eligible tenants, average assistance amounts, and program reach.

Allocate funds for administrative costs, including staffing, application processing, and outreach efforts. Additional staffing would be needed to for processing, handling applications, eligibility verification, and aid distribution.

Staff has some rough estimates of what potential costs of a program like this could amount to.
• Number of eligible tenants: 100 to 200
• Average assistance per household: $500 - $3500
• Total annual assistance budget: $50,000 - $700,000
• Staffing, administrative, and other costs: $65,000 - $150,000 • Estimated total annual budget: $115,000 - $850,000
The budget outlined here provides a rough estimation based on hypothetical numbers. The actual figures would depend on varies factors include the number of tenants in need, and the extent of financial support and need for additional staffing and marketing.

C. Legal Aid and Representation: Increase access to legal aid and representation for tenants facing eviction, ensuring they have proper representation in eviction proceedings.

This initiative aims to ensure that tenants have adequate representation during eviction proceedings, enhancing their ability to navigate the legal complexities of such situations.
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Implementation Approach:

Partnering with outside Organizations: Collaborate with established legal aid agencies to handle cases for low-income tenants facing eviction.

Attorney Fee Coverage: Offer financial assistance to cover attorney costs for eligible tenants.

Reimbursement Mechanism: Create a system where any attorney fees recovered or saved due to legal victories would be reimbursed back to the City's budget, promoting a self-sustaining model.

Budget Considerations:

The budget would take into account the allocation funds for attorney fees, administrative costs, and any operational expenses incurred through partnering with external legal aid agencies. Staff estimates these costs to be anywhere from $100,000 to $250,000 annually. Further research would have to be conducted for a more accurate estimate.

D. Pre-Renovation Assessment: Mandate a comprehensive inspection of the property by certified inspectors before approving eviction for renovations. This assessment would determine the urgency and extent of renovations required, ensuring they are essential for the property's safety or habitability.

Before a landlord proceeds with evicting a tenant for major rehabilitation, they must first apply to the City for an inspection of the property. During this process, an inspector authorized by the City would conduct a thorough assessment of the property. This inspection aims to determine whether there exists a genuine necessity for renovation, specifically based on safety and habitability concerns.

An inspector would conduct a detailed inspection covering various aspects of the property, including structural integrity, safety hazards, habitability issues, and the scope of necessary renovations. Based on the determination the inspector makes, the landlord would be allowed to go through with the eviction or not.

Implementation and costs would include allocating budget for hiring certified inspectors and conducting these comprehensive pre-renovation assessments.

E. Appeals Process for Rehab Evictions: Establish a mechanism allowing tenants to appeal major rehab evictions if they believe the necessity of the remodel is misrepresented or unjustified.
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Implementing a system for tenants to appeal eviction decisions would necessitate the establishment of new procedures. Staff would need to initiate a program resembling the following structure for this to function effectively.

Establishing the Appeals Mechanism:

Designated Authority: Appoint an impartial body or panel or employee to oversee and evaluate appeals, ensuring fairness and impartiality in the decision-making process.

Grounds for Appeal:

Misrepresentation of Renovation Necessity: Allow appeals based on tenants' belief that the necessity or urgency of the proposed renovations has been misrepresented.

Unjustified Eviction: Enable appeals when tenants believe the eviction for renovation purposes is unjustified or not warranted based on the property's actual condition.

Appeal Filing and Review:

Timely Filing: Define a reasonable timeframe within which tenants can file an appeal following the eviction notice.

Thorough Review Process: Facilitate a comprehensive review of the appeal, including a reevaluation of property conditions, inspection reports, and supporting evidence provided by both parties.

Decision and Resolution:

Resolution and Tenant Protection: In case of a successful appeal, offer protections such as halting the eviction or requiring further evaluation of renovation necessity.

Implementation and costs would include allocating budget for hiring certified inspectors conducting these comprehensive pre-renovation assessments and possibly additional staff to administrative purposes.

F. City Oversight of Permit: Mandate landlords to note on permits if evictions are tied to major renovations. Appoint an oversight role to review these permits for eviction- related renovations. This person ensures compliance, informs tenants of their rights, and ensures a fair process.
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This procedure mandates landlords to indicate on their permits, during the permit application, if they intend to conduct significant rehabilitation work that could potentially lead to tenant displacement or evictions. This action will prompt a notification to Housing staff, who will then communication with the landlord and tenant, ensuring both parties understand the process and their respective rights.

This ensures a fair process for all involved.

Additionally, staff will be able to review permits that the landlord has pulled and determine based on scope of work if eviction is truly necessary.

This process would enhance transparency by ensuring that tenants, City authorities, and oversight personnel are informed about the eviction context associated with the renovation permits.

Staff anticipates minimal budgetary impact.

G. Renovation Impact Assessments: Implement a requirement for landlords to conduct impact assessments before initiating major renovations that could lead to evictions. These assessments would detail the potential effects on tenants' housing security and propose mitigating measures.

After further review, staff concluded that this provision is excessively complex and would introduce an intricate layer of bureaucracy, leading to a more subjective decision-making rather than what’s intended. Implementing this provision would impose an undue burden on landlords and necessitate the collection of potentially sensitive information from tenants. Therefore, for these reasons, this option should not be entertained by the council.

H. Notice to City and Tenant: Require landlords to provide notice to both the city and tenants when issuing renovation-based eviction notices. This measure can ensure the City is informed of evictions, allowing staff to track and potentially intervene in cases where tenants might face unjust or unwarranted eviction.

This policy mandates landlords to notify both the city and tenants when issuing eviction notices alongside their permit applications for significant rehabilitation work. This notification triggers a direct alert to Housing staff, initiating communication with both the landlord and tenant. This proactive engagement ensures clarity regarding the process and rights for all parties involved, fostering a fair and transparent process.

Implementing this process enables improved transparency, ensuring that tenants and City authorities are fully aware of the eviction linked to renovation permits. 69 of 171

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Notably, this measure allows City staff to track eviction instances, potentially intervening in cases where unjust or unwarranted evictions might impact tenants.

Staff recommends that if Council decides to proceed with this idea, it should be applied to all types of evictions.

The anticipated budgetary impact of implementing this measure is expected to be minimal.

I. Additional Enforcement Provisions: Provide for the ability for the City Attorney to institute a civil proceeding for damages for displacement of tenants.

Additional Enforcement Provisions would empower the City Attorney to initiate civil proceedings to seek damages on behalf of displaced tenants. This measure grants the City Attorney the authority to pursue legal action against landlords responsible for displacing tenants due to unjust evictions or improper procedures.

This enforcement mechanism serves as a deterrent, holding landlords accountable for any actions resulting in tenant displacement and ensuring that affected tenants have legal recourse to seek redress for damages incurred.

ADMINISTRATIVE CITATIONS
Currently, the Rental Rights ordinance allows for enforcement through administrative citations, but the existing fee schedule lacks associated citations for the enforcement outlined in the ordinance. This may have been an oversight when the section was first added. Staff proposes adding these administrative citations as a measure to ensure compliance with Rental Rights Program provisions. These citations act as a structured deterrent, imposing fees based on the severity and recurrence of violations. Consistent with other penalties outlined in the current fee resolution, staff proposes that the initial penalty would be $400, with a $1000 penalty for the second offense and a $2000 fine for the third. By implementing these citations, the objective is to safeguard the rights of tenants and landlord.

Next Steps
The redline version of the ordinance has been presented to Council and the Council now has several options to consider regarding the proposed ordinance.

1.Passing as Is: Council may choose to approve the redline version of the ordinance in its current form. This action would signify acceptance of the proposed changes without any alterations.

2.Passing with Changes: Alternatively, Council might opt to approve the ordinance with specific modifications. This route allows for adjustments to 70 of 171

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the proposed redline version based on Council discussions, feedback, or identified areas requiring refinement.

3.Requesting a Rewrite: Should Council deem significant revisions necessary; they may request a complete reworking of the ordinance. This option entails sending the proposed redline version back for comprehensive revisions or clarifications based on Council directives.

4.Exploring Other Options: Additionally, Council retains the freedom to explore alternative courses of action. This could involve deferring the decision for further evaluation, seeking additional input from stakeholders, or initiating further discussion on specific sections before finalizing the ordinance.

STAKEHOLDERS/OUTREACH
On November 14, 15 and 21, 2023, staff convened meetings with stakeholders to present the redline version of the ordinance and the anticipated modifications.

Additionally, staff extended an invitation to stakeholders for one-on-one sessions to share their concerns and feedback. Staff met with representatives from Apartment Association of Greater Los Angeles, California Apartment Association, Glendale Association of Realtors, Glendale Tenants Union, Neighborhood Legal Services, the Armenian Bar Association and the Housing Rights Center.

Upon analyzing stakeholders’ feedback, various points have surfaced regarding the proposed ordinance. An overarching observation made by landlord representatives points out surprise and concern regarding the ordinance’s treatment of smaller property owners, particularly those categorized as “mom and pop” operations. Stakeholders argue that these smaller-scale operations lack resources akin to larger entities and recommend keeping exemptions the same with regards to four units or fewer.

Additionally, there was a marked difference in the definition of a mom and pop owner offered by the landlord representatives to include complexes containing fewer than 20 rental units. Staff also heard feedback regarding strengthening some areas of the rehab eviction clause, the comment heard described changing the rehab project cost be 8 times the current rent or Fair Market Rent, whichever is higher for the landlord to be able to evict a tenant—a change from the existing ordinance, which specifies 8 times the current rent.
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Some stakeholders, upon reviewing the Committee's suggestion to formalize oral agreements in writing, expressed reservations. They questioned the potential benefits for both tenants and landlords, raising concerns about potential legal complexities and the possibility of conflicting with state laws in the future.

FISCAL IMPACT
Revenue could be realized from the proposed Administrative Citations. Additionally, some of the measures discussed related to major rehabilitation, such financial assistance programs and legal aid and representation could have a fiscal impact. Staff will return to Council with a more detailed program analysis based on Council’s direction.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
CEQA does not apply to projects where the lead agency determines "with certainty that there is no possibility that the activity in question may have a significant effect on the environment." CEQA Guidelines (14 Cal. Code Regs.) § 15061(b)(3). Here, the action involves noting and filing of a staff report on the 12-month performance status of the Alex Theater and providing staff direction on the proposed reservation of twelve days of Theatre use for 2024. There is no possibility that the action to note and file this report and provide direction on Theatre use may have a significant effect on the environment.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Introduce the ordinance amending Chapter 9.30 of the Glendale Municipal Code, 1995 relating to the Rental Rights Program and Provide Direction regarding Administrative Citations.

Alternative 2: City Council may elect to consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Bradley Calvert, Director of Community Development
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Prepared by:

Peter Zovak, Assistant Director of Community Development Lucy Varpetian, Principal Assistant City Attorney
Sipan Zadoryan, Housing Analyst
Approved by:

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

EXHIBITS/ATTACHMENTS

Attachment 1: November 28, 2023 Rental Rights Program Report Attachment 2: Guide for Rental Rights Proposed Options
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CITY OF GLENDALE

INTERDEPARTMENTAL COMMUNICATION
Date: February 5, 2024
To:Roubik Golanian, City Manager
From:Bradley Calvert, Director of Community Development Peter Zovak, Assistant Director of Community Development Sipan Zadoryan, Senior Housing Analyst
Subject:Rental Rights Program Discussion
_____________________________________________________________________ At the City Council meeting on January 30th, 2024, Council directed staff to delve into the definition of what constitutes a "mom and pop" property. This memo outlines the findings of our research.

Despite an exhaustive research, staff was unable to pinpoint a definitive source that unequivocally defines what qualifies as a "mom and pop" property. However, staff did uncover several commonly referenced criteria used to define mom-and-pop properties in various contexts.

Among these sources, the term "mom and pop" was most frequently associated with properties ranging from 1 to 4 units. This definition surfaced across multiple jurisdictions, including Beverly Hills and Los Angeles. Other ranges researched by staff included “20 or below” and “10 or below” definitions.

In the January 30th meeting, various stakeholders referred to "mom and pop" properties as those with 20 units or fewer. However, this metric lacks a clear justification and appears arbitrary. While one reference, such as a New York program for rental assistance, mentions this threshold, it's crucial to note that this reference to 20 units or fewer does not provide a clear metric or rationale for this specific threshold. New York's housing market differs significantly from that of Glendale, and thus, this threshold may not directly align with the characteristics of properties in our jurisdiction.

Similarly, staff found a reference in Forbes that defines "mom and pop" landlords as investors who own 10 or fewer properties. However, similar to the New York reference, the Forbes article does not offer a specific justification for the selection of 10 properties as the threshold.

If the belief that "mom and pop" properties are categorized as 49 units or fewer, or 20 units or fewer, which stems from the Terner Center for Housing Innovation report titled "The Ownership and 74 of 171

Management of Small Multifamily Rental Properties: New Insights on an Overlooked Part of the Rental Market," as referenced in the Council meeting, then such categorization is flawed.

In its opening sentence, the report asserts that "Small multifamily properties—which we define as properties with five to 49 units—make up about 17 percent of the nation’s rental housing." However, the report fails to elaborate on the methodology used to arrive at this definition or the specific metrics employed to categorize small multifamily properties within this range. Moreover, it is essential to note that the primary objective of this report was not to define "mom and pop" or small-scale properties but rather to delve into the diverse management styles employed in overseeing these properties.

Critically, the survey conducted for this report lacks substantial credibility, as it relies on a mere 764 respondents to draw overarching conclusions about the entire nation's multitude of housing properties.

The housing landscape across the nation is characterized by a myriad of factors, including zoning considerations, demographic variations, and regional disparities, all of which significantly influence housing dynamics. For instance, the housing market in California presents unique challenges and nuances distinct from those in other states. Attempting to extrapolate findings from such a limited sample size to address issues in specific locales, such as Glendale, further diminishes the reliability and applicability of the report's conclusions.

Further complicating matters, reports from the Terner Center for Housing Innovation present varying definitions. While one report defines small rental properties as those with 5 to 49 units, another report defines them as properties with 1 to 4 units, reflecting residential financing eligibility.

In another report by the Terner Center for Housing Innovation, in collaboration with the Joint Center for Housing Studies at Harvard University, titled "The Impact of the Pandemic on Landlords," a more structured approach is taken in defining "small rental properties" or "single-family rentals." The report contrasts two national surveys and provides a rationale for their definition, stating, "We use the terms small rental properties or single-family rentals to refer to 1- to 4-unit rental properties. 'Single-family' used in this way reflects industry practices that distinguish between properties with 1-4 units that are eligible for residential financing and properties with 5 or more units that are eligible for commercial financing."
Unlike the previous reports from the Terner Center, this report offers a justification for the utilization of the 1- to 4-unit rental property range. It emphasizes the significance of this classification based on how properties within this range are financed, thereby aligning with industry standards and lending practices.

This distinction is crucial as it reflects not only the structural characteristics of the properties but also the financial mechanisms governing them.

Similarly, in another report published by the Terner Center for Housing and Innovation titled "The Uneven Impact of the Pandemic on the Tenants and Owners of Small Rental Properties," the definition of "small rental properties" is described as 1- to 4-unit properties. We have attempted to contact the Terner Center for Housing to seek clarification, but as of now, we have not received a response.

Various articles also mentioned mom and pop being defined as 1-4 units, notably, the National Association of Realtors, in a March 29, 2023 article commemorating Mom and Pop Business Day.

However, similar to other sources, this article does not provide explicit reasoning for selecting the 1-4 unit range.
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Furthermore, the differentiation between 1-4 unit properties and multi-family housing, particularly concerning lending categorization, proves to be a valuable metric for defining "mom and pop" real estate investors. These investors, often characterized as individual or small-scale property owners, typically focus on smaller residential properties due to their manageable scale and financing accessibility.

Properties with 1-4 units are commonly targeted by "mom and pop" investors as they qualify for residential bank financing, offering more favorable terms compared to commercial debt. In contrast, properties with five or more units fall into the commercial lending category, posing greater financial and management demands less suited to the preferences and capabilities of "mom and pop" investors.

Other Jurisdictions
In addition to researching the definition or standard of "mom and pop" properties, staff conducted research into exemptions granted by jurisdictions outside of Glendale. Staff found that, apart from the City of Claremont, a city with less than 4,500 rental housing units which exempts properties with nine or fewer units, the vast majority of other jurisdictions exempt properties with two units or fewer. Some jurisdictions include the caveat of requiring landlords to reside on-site.

Impacts on Glendale
It has long been emphasized that Glendale is a city with its own unique characteristics, distinct from others, and therefore should not necessarily rely on the guidance of external jurisdictions. However, considering this perspective, it's important to examine the potential consequences of excluding certain units from the ordinance. For instance, by excluding properties with nine or fewer units, we would directly affect 34% of the units in Glendale and consequently impact a significant portion of renters in Glendale. This exclusion implies that landlords could potentially evict tenants from this demographic without providing any justification whatsoever. Below are some of those statistics:

Estimated Total number of units in Glendale: 50,000
Exemption 4 units or below – 8,000 16% of units impacted Exemption 9 units or below – 17,000 34% of units impacted Exemption 20 units or below – 28,000 56% of units impacted Exemption 49 units or below – 40,000 80% of units impacted If Council is determined to proceed with the exemption for properties with nine or fewer units, staff strongly recommends implementing an added requirement for landlords to reside on-site as a condition for the exemption. Failing to do so could potentially result in a substantial increase in evictions.

In conclusion, while the term "mom and pop" lacks a universally accepted definition, the association with properties ranging from 1 to 4 units emerges as a common standard. 76 of 171

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Adopts Plans and Specification for the La Crescenta Avenue Rehabilitation Project
1) Resolution adopting the Plans and Specification for the La Crescenta Avenue Rehabilitation Project, Specification No. 3829, Plan Nos. 1-3071, 3-1572, 4-649, 4-650, 18-114, 49-247, 50-638, 50-639, 50-648, 50-672, 50-673, 50-698, 50-699, and 70-113; and directing the City Clerk to Advertise for Bids.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for February 6, 2024 calendar

EXECUTIVE SUMMARY
The construction plans and specification have been completed for the La Crescenta Avenue Rehabilitation Project that will add new traffic control devices, new street pavement, new bicycle facilities, creative crosswalks, stormwater infiltration systems, sewer capacity improvements, and traffic signal improvements in the project area. The intent of this item is for the City Council to adopt the project plans and specification and authorize the City Clerk to advertise for bids.
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RECOMMENDATION
Approve the Resolution to adopt the Plans and Specification for the La Crescenta Avenue Rehabilitation Project, Specification No. 3829, Plan Nos. 1-3071, 3-1572, 4- 649, 4-650, 18-114, 49-247, 50-638, 50-639, 50-648, 50-672, 50-673, 50-698, 50-699, and 70-113; and direct the City Clerk to Advertise for Bids.

ANALYSIS
As part of the Public Works Department’s (PWD) ongoing Capital Improvement Program (CIP) efforts to improve the condition of the city’s roadways, the plans and specification have been prepared for the La Crescenta Avenue Rehabilitation Project.

Additionally, the Bicycle Transportation Plan (BTP) adopted by City Council in 2012, identifies La Crescenta Avenue as a study corridor for the implementation of bicycle infrastructure improvements. To proceed with the development of the project plans, a Traffic Corridor Study (TCS) was conducted to study the existing conditions of the roadway segments to determine the feasibility of incorporating active transportation improvements within the project limits. The TCS studied the feasibility of realigning the roadway and modifying travel lanes to implement new bicycle facilities, utilizing a vehicle miles traveled (VMT) analysis, as well as level of service (LOS) analyses for intersection operations to gain additional insight into the roadway realignment efforts.

The study resulted in various design alternatives that were shared with the community and various stakeholders over multiple engagement events with the purpose of selecting a design alternative that could accomplish the project’s main goals.

Based on the analysis and a comparison of various alternatives, the alternative of curb- running protected bicycle lanes and Class II bicycle lanes was recommended by staff, the Transportation and Parking Commission, and subsequently approved by the City Council to be incorporated as part of this project, resulting in an improved active transportation facility.

Project Location
The project is located on La Crescenta Avenue between North Verdugo Road and Montrose Avenue. Land uses along the project consists of a mix of commercial facilities, single family, and multifamily homes.

The project scope of work includes the following:
•Selective removal/reconstruction of deteriorated pavement and placement of asphalt concrete pavement;
•Resurfacing of 1.7 centerline miles of street pavement; •Selective removal, repair, and reconstruction of approximately 4,900 linear feet of damaged curbs and gutters, and 44,500 square feet of sidewalks, driveways, cross gutters, alley aprons, and local depressions;
•Construction and modification of 59 curb ramps to meet ADA guidelines; •Upsize of approximately 3,000 linear feet of sanitary sewer main and 200 linear feet of sanitary sewer repairs and lining;
•Adjustment of existing manholes, utility valves, and water meters to finished 78 of 171

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grade;
•Planting of 21 new street trees;
•Realignment of six intersections;
•Modification of existing traffic signals at four intersections; •Removal and replacement of existing traffic striping and pavement markings; •Repurposing a travel lane in each direction and installation of center two-way left turn lane;
•Installation of 11,500 linear feet of new class IV protected bicycle lanes and 5,500 linear feet of new class II bicycle lanes;
•Installation of bicycle friendly catch basin surface grates; •Installation of ten drywell and three bio-retention facilities; •Installation of new reflective pavement on Paloma Avenue between La Crescenta Avenue and Downing Avenue;
•Installation of four creative crosswalks;
•Installation of fiber optic infrastructure at various locations; •Installation of new traffic signal at the intersection of La Crescenta Avenue and Oakmont View Drive;
•Installation of new pedestrian hybrid beacon (PHB) at the intersection of La Crescenta Avenue and Piedmont Avenue;
•Installation of new Mid-block signalized bicycle crossing on La Crescenta Avenue between Las Palmas Avenue and Arlington Avenue, and
•Traffic Signal Modifications at the following intersections:
a. La Crescenta Avenue and Montrose Avenue
b. La Crescenta Avenue and Honolulu Avenue
c. La Crescenta Avenue and Shirlyjean Street
d. La Crescenta Avenue and Roselawn Avenue
Pavement Rehabilitation
The project will resurface the entire project corridor, which involves the rehabilitation of existing street pavement that has deteriorated beyond normal maintenance work. It typically consists of the removal of the top 2-inches of existing Asphalt Concrete (AC) pavement, followed by the placement of 2-inches of ARHM pavement wearing surface.

This method of street resurfacing improves the ride of the roadway, and the structural integrity of the pavement, and begins a new service life for the street.

Intersection Realignments
As part of any major CIP project, PWD evaluates existing intersection conditions to identify pedestrian mobility and safety improvements. To take advantage of economies of scale, PWD includes realignment and improvements of previously identified deficient intersections to upcoming CIP projects.

Intersection realignments as part of this project include extending curb configurations, shortening crosswalk lengths, removal of slip lanes, installation of new ADA-compliant curb ramps, and installation of new signing and striping.

Bicycle Facilities
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Class II and Class IV bicycle infrastructure improvements will be implemented at the following locations:
•Curb-running Class IV protected bicycle lane installation on southbound La Crescenta Avenue between Sycamore Avenue and North Verdugo Road; •Curb-running Class IV protected bicycle lane installation on northbound La Crescenta Avenue between Glenwood Avenue and North Verdugo Road; •Class II bicycle lane installation on southbound La Crescenta Avenue between Montrose Avenue and Sycamore Avenue, and
•Class II bicycle lane installation on northbound La Crescenta Avenue between Montrose Avenue and Glenwood Avenue.

Tree Plantings
A total of 21 new street trees will be planted in vacant locations to infill the street canopy and expand the urban forest as part of this project along the entire corridor on La Crescenta Avenue between North Verdugo Road and Montrose Avenue.

Creative Crosswalks
PWD is working with the Library, Arts, and Culture Department, which has procured an artist through an RFP process to design the creative crosswalks throughout the project corridor. The creative crosswalks will be installed at the following intersections as part of this project:

1. La Crescenta Avenue and Piedmont Avenue;

2. La Crescenta Avenue and Shirlyjean Street;

3. La Crescenta Avenue and Oakmont View Drive;

4. La Crescenta Avenue and Roselawn Avenue.

Americans with Disabilities Act (ADA)
The proposed project includes improvements that will comply with the current Federal ADA guidelines.

Competitive Bidding Process
To successfully implement the project design and to ensure competitive bids, the city will advertise the project on multiple plan holders’ websites which publish project bidding documents, distribute the information to their extensive network of contractors, and construction industry contacts.

The project will also be advertised in a local newspaper, the Glendale Independent, prior to bid opening, as well as on Bidnet Direct, which is a web-enabled data service to the public sector, for the dissemination of the building and construction project proposals to their large number of member contractors and consultants. Finally, the project bidding documents will also be posted on the city’s website.

The construction of this project is anticipated to begin in June 2024 and is scheduled for completion by December 2024.
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STAKEHOLDERS/OUTREACH
The multi-modal benefits to the community as a result of this project will include the following:
•More livable communities;
•Improved safety for all users;
•More walking and bicycling to improve public health;
•Increased transportation choices; and
•Reduced fuel consumption and vehicle emissions, including greenhouse gas reduction and improved air quality with the reduction of VMT.

PWD reached out to Los Angeles County Metropolitan Transportation Authority (Metro) to obtain Measure R funding to help fund portions of the project design and construction. The traffic signal modifications, signing/striping, bicycle facility, and street improvements in the vicinity of the signalized intersections at Shirlyjean Street and Roselawn Avenue as part of the La Crescenta Avenue Rehabilitation Project are included in Los Angeles County Metro Board’s approved project list in the amount of $1,650,000. Staff has executed a Funding Agreement (FA) with Metro for this project.

Additionally, in August of 2020, staff conducted a virtual public hearing regarding the removal of an existing crosswalk at the intersection of La Crescenta Avenue and Roselawn Avenue. The public hearing was broadcast on the City’s YouTube channel.

During the public hearing, the public was informed of the reasoning for the removal of the unused crosswalk, and was given the opportunity to ask questions and provide comments, and no objection was filed with the city for the removal of the crosswalk at the south leg of the intersection that leads to an in-accessible area alongside the Verdugo Wash.

Moreover, at approximately 60% project design completion, a virtual community presentation was conducted on February 17, 2022, and approximately 2,100 notifications were sent to property owners and occupants along the project limits notifying them of the meeting and encouraging their participation, which was broadcast as well on the city’s YouTube channel. During the meeting, the public was informed of the project details, bicycle infrastructure alternatives, construction schedule, future city and contractor notifications, and the impacts of construction work in the neighborhood.

After briefing the City Council on the project status and the community meetings, staff was asked to gain an even better perspective on community input for the critical facility alternative choices, therefore, staff conducted additional outreach to impacted residents, community groups, merchant and community associations, a neighboring town council, and chambers of commerce over the course of six months.

Transportation and Parking Commission (TPC)
On August 18, 2022, staff presented this project to the TPC. The project details were shared, including the bicycle facility alternatives, outreach efforts as of the TPC meeting date, and next steps. The commission then brought forward a motion to support the 81 of 171

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bicycle lane installation alternative, and the commissioners voted 3-1 in support of the motion, however, one of the commissioners voting in support of the motion asked for even more outreach to occur.

City Council
On October 18, 2022, staff presented this project to the City Council. The project details were shared, including the bicycle facility alternatives, outreach efforts as of the City Council meeting date, and next steps. The City Council approved the motion to support the alternative proposed by city staff and recommended by the TPC, which includes the installation of Class II bicycle lanes along La Crescenta Avenue.

In addition, at approximately 90% project design completion, an in-person community presentation was conducted on March 8, 2023, and approximately 22,300 notifications were sent to property owners and occupants within the City of Glendale zip codes of 91208, 91214, and 91020, notifying them of the meeting and encouraging their participation. During the meeting, the public was informed on the final project details, bicycle infrastructure alternative, construction schedule, future city and contractor notifications, and impacts of construction work in their neighborhood. As part of the community feedback, staff incorporated the installation of bio-retention facilities, intersection realignments at various locations, and other infrastructure improvements to promote multimodal transportation and improve pedestrian safety.

In summary, and to date, PWD has conducted two general project overview meetings, an additional five in-person meetings, five virtual meetings, two email campaigns, and multiple social media informational updates. As a result of our efforts, we have reached out to multiple stakeholders for this project through a concerted effort and presented to any group or organization from the community who accepted our invitation to speak to them and their membership to publicize the project details to as many impacted stakeholders as possible. Feedback received throughout the process includes in-person comments, emails, and phone calls. Additionally, two social media outreach events took place by the Glendale Police Department and the Montrose Verdugo City Chamber of Commerce to various community stakeholders, including a postcard mailer highlighting the project, directing the community to the proper references for project information, providing contact information, and encouraging the community to provide feedback.

Approximately one month before the commencement of construction, staff will prepare a notification postcard containing essential project details including a link to the project website. The postcard will be sent by mail to the residences and businesses that will be affected by the construction. Additionally, the contractor will be responsible for distributing two distinct door hangers to the affected addresses. One set of door hangers will be provided two weeks prior to the start of any construction activity within the project area, while the second set will be distributed three days before construction begins.

Furthermore, outreach on this project will continue to occur through a dedicated website for the project that is hosted through the City of Glendale domain. The website page 82 of 171

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familiarizes the public to the project and to the project team, explains the scope of work and project locations, and provides the public with staff contact information for questions, discussion, and/or input.

FISCAL IMPACT
There is no fiscal impact associated with this report. The current Engineer’s estimate for the construction of this project is between $17,000,000 and $19,000,000, a portion of which was not included as part of the FY 2023-24 budget. Therefore, staff will be requesting for new appropriations or shifting of existing appropriations from other projects at the time of the contract award.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The Project is categorically exempt from environmental review because of CEQA Guidelines §§ 15301.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the Resolution adopting the Plans and Specification for the La Crescenta Avenue Project. Doing so, however, will not improve the condition of La Crescenta Avenue and active transportation throughout the project corridor.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Sarkis Oganesyan, P.E., Deputy Director of Public Works/City Engineer Prepared by:

Armen Avazian, P.E., Principal Civil Engineer
Rustom Tavitian, P.E., Civil Engineer II
Approved by:

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

EXHIBITS/ATTACHMENTS
Exhibit 1: Project Location Map
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RESOLUTION NO. __________

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

ADOPTING THE PLANS AND SPECIFICATION FOR THE LA CRESCENTA AVENUE REHABILITATION PROJECT, SPECIFICATION NO. 3829, PLAN NOS. 1-3071, 3- 1572, 4-649, 4-650, 18-114, 49-247, 50-638, 50-639, 50-648, 50-672, 50-673, 50-698, 50-699, AND 70-113; AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS.

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

SECTION 1.The Plans and Specification on file in the City Clerk’s office for the La Crescenta Avenue Rehabilitation Project, including the various documents incorporated therein, are hereby approved, adopted, designated, and shall hereafter be known as Specification No. 3829, Plan Nos. 1-3071, 3-1572, 4-649, 4-650, 18-114, 49- 247, 50-638, 50-639, 50-648, 50-672, 50-673, 50-698, 50-699, and 70-113.

SECTION 2.The City Clerk is hereby directed to advertise for bids for the work, equipment and materials described in these Plans and Specifications adopted by this Resolution.

Adopted this _____ day of ____________, 2024.
____________________________
Mayor, City of Glendale
ATTEST:
__________________________
City Clerk
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STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

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 _________________, 2024, the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain: ___________________________
City Clerk
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GLENWOOD AV

RAMSDELL AV

OAKENDALE PL

GLENWOOD AV

INVALE DRLA CRESCENTA AV

MANHATTAN AVPIEDMONT AV

HERMOSA AV

HONOLULU AV

OAKSIDE LN

PLEASURE WY

AGNER AV

SYCAMORE AV

OAK CIRCLE DR

SUNSET AVORANGEDALE AV

HONOLULU AVMILLS AVPARKVISTA DR

VERDUGO WOODS HWY EAST

WHITING

OAKMONT VIEW
VISTA
29 I-210 FREEWAY
I-210 FREEWAYMONTROSE AV

CITY OF GLENDALECOUNTY OF LOS ANGELES

LA CRESCENTA AVENUE REHABILITATION PROJECT
EXHIBIT 1: PROJECT LOCATION MAP
29 STREET IMPROVEMENTS& BICYCLE FACILITIESREFLECTIVE PAVEMENT INSTALLATIONTRAFFIC SIGNALMODIFICATION/INSTALATIONFIBER OPTIC INSTALLATIONJOHN C. FREMONTELEMENTARY SCHOOLFIRE STATION 29CITY LIMITS

NOT TO SCALE

SEWER CAPACITY IMPROVEMENTS

PUBLIC WORKS DEPARTMENTENGINEERING DIVISION

PEDESTRIAN HYBRID BEACONINSTALLATIONMID-BLOCK SIGNALIZED BICYCLECROSSING INSTALLATION 86 of 171

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Procedure for initiating review of the City Charter by a Charter Commission or Committee.

1.Motion Directing Staff Regarding the Creation of a Charter Review Committee

COUNCIL ACTION
Item Type: Action Item
Approved for February 6, 2024 calendar

EXECUTIVE SUMMARY
The Council requested a report on the formation of a charter revision committee. This report provides an overview of the past charter amendments, both through committee work and at the direction of staff or council.

Most recently, in 2023, the Council considered preliminary Charter amendment language regarding Council districts, an expanded Council, directly elected mayor, Council compensation, the City’s contracting process, and related and other miscellaneous proposals to revise the City’s Charter.

Should the Council wish to form another charter review committee, it may provide specific parameters of scope, number of individuals to serve on the committee, and timeline. 87 of 171

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RECOMMENDATION
Staff has no recommendation. The determination of whether to appoint a charter committee or review the Charter in some other manner is a policy decision to be made by the City Council.

ANALYSIS
City Charter
The first Charter in the City of Glendale was considered in March 1913, and it was rejected, with a 684 No vote and 442 Yes vote. It was finally adopted in March 1921. A charter city is formed under the California Constitution Article 11 section 3. Charter cities are known as “home rule” communities. By contrast, general law cities are organized under the general law of the state and have only those powers expressly conferred to them by the Legislature.

The Charter is the constitution of a city and it operates as a limitation of power. Provisions are the law of the state with the same force and effect. Charter cities have the power to make and enforce all ordinances and regulations with respect to municipal affairs. (Const.

Art. 11 sec.5). Unless preempted by state law on matters of statewide concern, laws of a charter city will prevail over inconsistent state laws. Some examples of differences between general law and charter cities is zoning requirements, provisions governing officers and employees, compensation of elected officials, and prevailing wages.

The current components of the Glendale Charter are generally as follows:

Article III Powers of City
Article IV Officers and Employees Generally.

Article V Elections.

Article VI The Council Generally.

Article VIII City Attorney
Article IX City Manager
Article X Departments of Government Generally
Article XI Fiscal Administration
Article XIII Libraries
Article XIV Boards and Commissions
Article XV City Planning
Article XVIII Initiative, Referendum and Recall
Article XX Police and Fire Departments
Article XXI Public Works Department
Article XXII Department of Glendale Water and Power
Article XXIV Civil Service
Article XXV Employees’ Retirement
Article XXVI Revenue Bonds for Waterworks and Electric Works 88 of 171

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History of the Previous Charter Committee
The last Charter Review Committee in Glendale was appointed in 2002, (Exhibit A). The Council established a 15 member Charter Revision Study committee with reviewing the amendments that were originally proposed by the Office of the City Attorney in July 2002, and studying any other matter or issue either in the Charter or which the Committee believed should be included in the Charter. The Committee began its work by studying information regarding city charters generally, and specifically about the Charter of the City of Glendale, including its numerous amendments throughout the years. It then considered the amendments proposed by city staff in 2002, as well as such broad topics as forms of government, elections, civil service, boards and commissions, to name a few.

The city hired the services of an expert, Dr. Raphael Sonenshein, professor of Political Science at California State University at Fullerton, who made presentations and answered questions. The Committee ultimately made 20 recommendations to revise the Charter, which was placed before the voters in April, 2005. The Committee took approximately 17 months to complete its work.

Prior to the 2002 Committee, the Council appointed the Charter Revision Study Committee -1977. That Committee made recommendations to revise the Charter significantly, which was placed before the voters in April 1979.

Since the Charter Review Committee -2002, there have been a number of other charter amendments that have been proposed by the City Council and later considered by the voters. In October, 2012, Council proposed amending the charter to: (1) Change the City Treasurer position from elected to an appointed position; (2) Amend accounting procedures for clarification purposes and for consistency with Generally Accepted Accounting Principles; and (3) Amend obsolete titles. These measures did not pass.

In 2014, the Charter was successfully amended to require that any vacancy occurring in the council, city clerk or city treasurer be filled by a majority vote of the council within 30 days or by calling a special election and such appointee to serve for the remainder of the unexpired term if the term is up at the next general municipal election, and if not, and time for nominations has not yet commenced, then stand for election.

In 2015, the Council placed three additional amendments on the ballot, which would require the city council to establish by ordinance the method of the council compensation; institute by-district elections for city council members and prepare a district plan subject to voter approval; and require the Board of Education to establish the method of electing the members of the Board of Education and, if the Board of Education establishes trustee areas as the method for electing its members, require that the Board arrange said trustee areas pursuant to the California Education Code. All three measures failed.

In 2017, the Charter was successfully amended to require term limits for councilmembers.

Current Considerations for Charter Amendments
On May 2, 2023, the Council adopted a resolution declaring its intent to transition to City Council districts, with a directly elected mayor, for consideration by the City’s voters at 89 of 171

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the March 2024 election. After continued discussion, the Council deferred placing these issues on the ballot for the March 2024 election, subject to further consideration for placement on the November 2024 election. The City is also considering amendments to the Charter’s provision regarding the Civil Service System.

The Council has placed a proposed charter amendment on the March 2024 ballot pertaining to the Council’s authority to establish the rules and procedures governing the contract procurement process.

Procedure for Charter Amendments
The City Charter may only be amended by a vote of the electorate. If the Committee makes recommendations which the Council then adopts, then it must place the proposed amendments on a ballot for consideration by the voters.

Direction
Staff seeks Council direction on whether the City should establish a charter review committee, size, the process for nominating and selecting its members, and scope. If Council would like to move forward, staff will bring a resolution for Council consideration to establish the Committee with the parameters identified by the Council.

STAKEHOLDERS/OUTREACH
No stakeholder outreach was conducted at this time.

FISCAL IMPACT
None at this time. Fiscal impact would occur if the Committee were to be assisted by a consultant or facilitator. Some cost would be involved in placing proposed charter amendments before the electorate for a vote, e.g. ballot printing and informational materials. Additional fiscal impacts could occur depending on the nature and extent of any particular charter amendment.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This activity involves organizational and administrative activities of the government related to the City Charter, and such internal procedural and eligibility changes have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. As such, this action is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378. Also, no action is being proposed as

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Council provide direction on whether the City should establish a charter review committee, its size, the process for nominating and selecting its members, and scope.
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Alternative 2: City Council may elect to consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Michael J. Garcia, City Attorney
Prepared by:

Lucy Varpetian, Principal Assistant City Attorney
Approved by:

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

EXHIBITS/ATTACHMENTS
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C:\INETPUB\WWWROOT\MULTITENANT\TEMP\CC_02062024_MOTION_8B1.PDF MOTION
Moved by Council Member ____________________________, seconded by Council Member ___________________________, that the Council direct staff regarding the creation of a Charter Review Committee __________________________________ ____________________________________________________________________.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Resolution condemning the ethnic cleansing and genocide of Armenians in Artsakh

1. Resolution of the Council of the City of Glendale, California Condemning the Ethnic Cleansing and Genocide of the Armenian People of the Republic of Artsakh

COUNCIL ACTION
Item Type: Action Item
Approved for February 6, 2024 calendar

EXECUTIVE SUMMARY
Councilmember Kassakhian requested, and the Council directed staff to prepare a resolution condemning the ethnic cleansing and genocide of Armenians in Artsakh be placed on the agenda for discussion by the full Council. On January 30, 2024, the Council directed staff to bring forward this resolution holding the Azerbaijani government leaders accountable for genocide.
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RECOMMENDATION
Adopt the resolution affirming Glendale's commitment to human rights and international justice.

ANALYSIS
On January 23, 2024, Councilmember Kassakhian requested a resolution condemning the ethnic cleansing and genocide of Armenians in Artsakh be placed on the agenda for discussion by the full Council. On January 30, 2024, the Council directed staff to bring forward a resolution.

Artsakh, formerly Nagorno Karabakh, is the ancestral homeland of Armenians, maintaining autonomy until 1921 when Joseph Stalin arbitrarily separated it from Armenia, placing it under Soviet Azerbaijan's control. In response to escalating anti- Armenian violence, Artsakh declared independence on September 2, 1991, leading to a war of aggression by Azerbaijan, human rights violations, and a Russian-brokered ceasefire. Over the next 25 years, Artsakh developed into a free and democratic society.

In September 2020, Azerbaijan launched a war, resulting in ethnic cleansing and documented human rights abuses. Despite a trilateral ceasefire in November 2020, Azerbaijan continued aggression, including a total blockade in December 2022, leaving 120,000 Armenians facing critical shortages. In September 2023, Azerbaijan’s militarily overwhelmed Artsakh, committing genocide and cleansing the region of Armenians.

Glendale, home to the largest Armenian American population in the US, has actively raised awareness about the plight of its indigenous Armenian population amidst Azerbaijan's relentless aggression. The U.S. acknowledged Azerbaijan's threat in 1992 with Section 907 of the Freedom Support Act in 1992, prohibiting assistance until blockades cease. The resolution finds Azerbaijan's leaders responsible for genocide, urging the U.S. to act under the Genocide Convention.

This Resolution emphasizes Glendale's commitment to addressing Azerbaijan's human rights violations and calls for U.S. action to prevent and punish the genocide preparators.

STAKEHOLDERS/OUTREACH
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with this report.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Not applicable.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements. 94 of 171

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ALTERNATIVES TO STAFF RECOMMENDATION

1. Modify the resolution.

2. Do not adopt the resolution.

3. Council may choose another alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Elena Bolbolian, Chief Innovation Officer
Prepared by:

Armineh Hoonanian, Principal Administrative Officer
Approved by:

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

EXHIBITS/ATTACHMENTS
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RESOLUTION NO. _________

RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA CONDEMNING THE ETHNIC CLEANSING AND GENOCIDE

OF THE ARMENIAN PEOPLE IN THE REPUBLIC OF ARTSAKH
WHEREAS, Artsakh, formerly referred to as Nagorno Karabakh, is the ancestral homeland of the Armenian people and has been a center of Armenian language, culture, and religion, having maintained its autonomy for over two millennia; and
WHEREAS, despite Artsakh’s distinctly Armenian identity, it was arbitrarily and illegally separated from Armenia by the Soviet Union at the direction of Joseph Stalin in 1921 and placed under the administrative control of Soviet Azerbaijan; and WHEREAS, in response to escalating anti-Armenian violence, the Armenians of Artsakh exercised their right to self-determination and declared their independence on September 2, 1991; and
WHEREAS, Azerbaijan shortly thereafter launched a war of aggression against Armenia and Artsakh that saw Azerbaijan lay siege to Armenian towns and cities, and perpetrate human rights violations, which ended in Armenian victory with a ceasefire brokered by Russia; and WHEREAS, for the next 25 years, the Armenians of Artsakh consolidated a free and democratic society; and
WHEREAS, in September 2020, Azerbaijan abandoned decades of multilateral diplomacy and launched a war of territorial expansion against the Armenians of Artsakh that resulted in the ethnic cleansing of over 70 percent of Artsakh territory and perpetrated widely documented human rights abuses, including the unlawful targeting of schools, homes, hospitals, and churches with prohibited weapons, the execution of Armenian civilians, and torture of Armenian prisoners of war; and
WHEREAS, following a trilateral ceasefire statement signed in November 2020, Azerbaijan’s aggression continued, including routine incursions in Artsakh’s territory and the continuous invasions and occupation of the sovereign territory of the Republic of Armenia since May 2021; and
WHEREAS, Azerbaijan maintained a total blockade of Artsakh beginning on December 12, 2022, completely severing Artsakh’s only humanitarian lifeline to Armenia, preventing the transport of food, fuel, medicine, and other vital humanitarian supplies to the region, and leaving Artsakh’s 120,000 Armenians facing critical shortages of life-sustaining goods; and WHEREAS, in late September 2023, Azerbaijan militarily overwhelmed Artsakh, and completely cleansed Artsakh of all Armenians and committed an act of genocide; and 96 of 171

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WHEREAS, the City of Glendale is home to the largest Armenian American population in the United States; and
WHEREAS, the City of Glendale has been at the forefront of efforts to raise awareness of the plight of its indigenous Armenian population amidst Azerbaijan’s relentless aggression; and WHEREAS, the United States acknowledged the threat Azerbaijan has posed to the Armenians of Artsakh with the passage of Section 907 of the FREEDOM Support Act in 1992, which prohibited the provision of United States assistance to Azerbaijan until the time it ceases all blockades and the offensive use of force against Armenia and Nagorno-Karabakh; and WHEREAS, beginning in September 2020 and ending in September 2023, Azerbaijan abandoned all civilized values and executed a Genocide which culminated in the complete ethnic cleansing of this millennia old Armenian homeland displacing its entire population of 120,000 Christian Armenians and seizing many of the most sacred churches and sites in Armenian Christendom.

NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, that he City Council hereby finds the leaders of Azerbaijan responsible for the international crime of Genocide and implores the United States of America to act in accordance with its obligations under the Genocide Convention to use all its power to punish and prevent the ongoing effects of this genocide by insuring the immediate safe return of the Artsakh people to their lands and punish those responsible in conformance with international law.

Adopted this day of , 2024.

Mayor
ATTEST:

City Clerk
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STATE OF CALIFORNIA )
SS )

COUNTY OF LOS ANGELES )
I, Suzie Abajian, Ph.D., Clerk to the Glendale City Council, certify that the foregoing Resolution No. was adopted by the City Council of the City of Glendale on the day of , 2024, and that same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
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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. Ordinance 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: Public Hearing
Approved for January 30, 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 for adoption. Instead, the Council provided direction to staff on further modifications to the ordinance, additional outreach measures and further research. 99 of 171

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RECOMMENDATION
Introduce an Ordinance amending the Glendale Municipal Code (GMC) to revise the existing Street Tree Ordinance into a “City 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 introduce an Ordinance 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. On October 5, 2023, Public Works also presented these refinements to the Sustainability Commission for their feedback as requested by the Council.

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, address inconsistencies between code chapters, and expand protections to all currently protected City and private trees. Staff has prepared proposed revisions to GMC Chapters 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 100 of 171

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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 ambiguous 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 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 City Tree Ordinance to reflect these changes. These trees currently have no ordinance protections.
•Ensures definitions and word choices 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. •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:
•Clarify language regarding pest infestations and the standard for treatment. •Update language to fit current arboricultural standards, including protecting a kind of scrub oak which is now considered a separate species. 101 of 171

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•Assert non-liability of City related to staff recommendations to property owners in line with codes from comparable municipalities.
•Set 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 regularly 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 Sustainability 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 ‘should’ to ‘shall,’ as the Commission did not wish to explicitly require tree preservation, just to encourage the consideration.
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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.

Currently, 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. 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.

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 103 of 171

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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 current restitution process for the illegal removal of a tree is ineffective. 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. The 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 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. 104 of 171

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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 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 (Diameter at Breast Height)’ 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 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 105 of 171

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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. Staff does not recommend codifying any replacement ratio standard, as this is better addressed in the City’s Community Forest Management Plan which affords flexibility on the quantity of required 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.

The city’s new online permit system has streamlined the permitting and plan review processes. 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, and other projects are 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 are the permit types which most commonly impact trees. Forestry staff was assigned to review over 100 of these – 3% of the total.

Of the remaining 97% of permit requests, some likely 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 are closing 106 of 171

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them, and we are working on technical solutions to flag addresses potentially containing protected trees. The result will be more reviews for staff, but the exact quantity is unknown at this time.

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 are time consuming due to the need to comprehensively 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 Compliance 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 more proactive enforcement.

Based on discussions with Code Compliance, the proposed city and indigenous tree ordinances would not require additional staffing within Community Development, as Public Works handles violation documentation and referral. Since the March 2023 Council meeting, Code Compliance’s staffing has increased, and the referral process between CDD and PW has improved.

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 which have previously been discussed.

Staff presented these approaches to the Sustainability Commission on October 5, 2023.

The Commission was not supportive of staff recommendations below, stating 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, and that tree owners should not be able to opt out of protection. Staff ultimately does not recommend any of the additional programs, as reflected in the analysis below.

Cities such as Pasadena and La Canada Flintridge, which protect additional species of trees, do not have Certified Arborists reviewing tree removal requests, tree protection plans, and the associated arborist reports. Planners untrained in arboriculture tend to 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 performed by one of these few companies. This framework enables these cities to 107 of 171

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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. 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. 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.

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 still often 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.

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 planting programs are operating at near capacity. There is a need to promote private tree planting to achieve a mature, diverse and well spread-out canopy.

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 seems simple but in reality, sometimes requires professional guidance. Staff does not have data on the quantity of private trees 108 of 171

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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 largely 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 and has not been included in the Title 16 or 30 revisions.

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 four additional Certified Arborists, 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 Compliance recently increased staffing, they 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 causing damage to neighboring properties, trees maintained poorly for decades, or exotic species 109 of 171

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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 protect all trees, which is a noble goal but not feasible, given the staffing required for this theoretical mature tree program alone in a vast city.

Given the administrative burden and fiscal impacts of such a program on both the city and our residents, staff does not support such a sweeping protection of private trees.

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.

However, after further analysis and consideration by staff, it was determined that the same drawbacks raised for other options apply here as well in terms of cost and staffing.

Further, any new tree protections will add significant new costs to tree owners, and likely their neighbors, and would change the way in which neighboring properties could be developed in addition to the parcel on which the tree is growing. Finally, the nomination process for a given tree in this program may be misused as a method by which reasonable development is delayed or prevented by neighbors, even in cases where the tree may be preserved. The city determining that a certain tree could be protected would require access to private property, even for those trees where the actual owner did not nominate it. If the program were to require owner opt-in, neighboring properties may nevertheless be subject to costly impacts or limits on development all the same, if the tree’s branches or roots extend across property lines.

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. 110 of 171

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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.

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 chooses to move forward with the ordinances, staff recommends appropriating funds now to cover the cost of the outreach consultant who will assist with public engagement on the revised 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

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The project is exempt from CEQA review pursuant to Section 15307, as a Class 7 “Actions 111 of 171

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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.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Interim 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 the centerline of the trunk of same lies within the public right-of-way as determined by the director, 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

3. A land use entitlement, permit, or approval, issued by the city under tTitle 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) 115 of 171

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. The use of 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. A change of 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 The 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 The placement of any 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.

D. 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, 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 118 of 171

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. 119 of 171

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 120 of 171

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 121 of 171

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 for the underlying violation as set forth in the 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 122 of 171

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. 124 of 171

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 127 of 171

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 128 of 171

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. 130 of 171

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 131 of 171

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 132 of 171

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 it 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 for the underlying violation as set forth in the 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. 134 of 171

23 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 responsible party may 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 135 of 171

24 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 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 136 of 171

25 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 indigenous tree damaged or 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.
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26 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 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 or waived a hearing under subsections (E), and (H), and (G)(2) 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
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27 3. Shall prepare a written notice, in accordance with subsection (E) of this section.

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 143 of 171

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 145 of 171

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 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) Minor Alterations to Land Use Limitations (Class 5, Section 15305 of CEQA Guidelines); 2) Actions for Protection of Natural Resources (Class 7, Section 15307 of CEQA Guidelines); 3) Actions for Protection of the Environment (Class 8, Section 15308 of CEQA Guidelines); and (4) Inspections (Class 9, Section 15309 of CEQA Guidelines).

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 ________, 2024. ______________________________
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 ________________, 2024, and that the same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
____________________________
City Clerk
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8 ORDINANCE NO. _______________________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA AMENDING SECTIONS 16.12.050, 16.24.050, AND 16.24.060 OF TITLE 16, AND SECTIONS 30.26.080, 30.32.160 AND 30.47.040 OF TITLE 30 TO THE GLENDALE MUNICIPAL CODE, 1995 RELATING GENERALLY TO PARKING

LOT TREE SPECIES AND CONSISTENCY WITH EXISTING TREE ORDINANCES (ZONING CODE TEXT AMENDMENT CASE NO. 0003-2022)
WHEREAS , the City Council directed staff to assess the City’s existing indigenous tree 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.
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8 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;
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;
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8 I. 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; 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:
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8 16.24.050 Tentative tract map requirements.

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;
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8 14.Statement of present use zone and proposed use or uses of property;

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:

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8 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; 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

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8 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; 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 154 of 171

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8 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.

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. 155 of 171

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8 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.

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 156 of 171

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8 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
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. 157 of 171

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8 G. Landscaping adjacent Residential Zones. See Section 30.31.030 for requirements of landscaping when commercial or industrial zones are adjacent residential zones.

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 158 of 171

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8 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.

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 159 of 171

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8 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 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 160 of 171

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8 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 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.
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8 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:

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 162 of 171

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8 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.

SECTION 8. Compliance with California Environmental Quality Act.

Code Regs. (“CEQA Guidelines”) Section15061(b)(3)), and because it qualifies under the following categorical exemptions: 1) Minor Alterations to Land Use Limitations (Class 5, Section 15305 of CEQA Guidelines); 2) Actions for Protection of Natural Resources (Class 7, Section 15307 of CEQA Guidelines); 3) Actions for Protection of the Environment (Class 8, Section 15308 of CEQA Guidelines); and (4) Inspections (Class 9, Section 15309 of CEQA Guidelines).

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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8 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.

Ayes:

Noes:

Absent:
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8 Abstain:
____________________________
City Clerk
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7 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDALE,

CALIFORNIA, AMENDING COMPREHENSIVE CITYWIDE FEE SCHEDULE

REGARDING ADMINISTRATIVE CITATION FINE AMOUNTS FOR ENFORCEMENT

OF THE CITY TREE AND INDIGENOUS TREE ORDINANCES AND AMENDING THE

EXISTING COMPREHENSIVE CITYWIDE FEE SCHEDULE TO ADD VIOLATIONS

SUBJECT TO FINES RELATED TO ENFORCEMENT OF THE CITY TREE AND

INDIGENOUS TREE ORDINANCES
WHEREAS, Section 12.40.150 of the Glendale Municipal Code, 1995, authorizes the enforcement of a city tree ordinance through use of administrative citations; and WHEREAS, Section 12.44.120 of the Glendale Municipal Code, 1995, authorizes enforcement of an indigenous tree ordinance through use of administrative citations; and
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; and WHEREAS, Section 1.24.220 of the Glendale Municipal Code, 1995, authorizes the Council of the City of Glendale by ordinance or 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 management of the City’s urban forest; and WHEREAS, the Council finds there is a need to adjust the Citywide Fee Schedule to make language consistent with existing city 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. 166 of 171

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7 NOW, THEREFORE, BE IT ORDAINED 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 City tree prohibitions
$400 1st Fine; $1000 2nd Fine; $2,000 3rd Fine
GMC 12.40.050 City tree species to be planted
$100 1st Fine; $200 2nd Fine; $500 3rd Fine
GMC.12.40.060 City trees – permit required
$400 1st Fine; $1000 2nd Fine; $2,000 3rd Fine
GMC.12.40.140 City tree removal, damage, or destruction – permit required 0-6” diameter
$1,090 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 City tree removal, damage, or destruction – permit required 7-12” diameter
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7 $1,770 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 City tree removal, damage, or destruction – permit required 13-18” diameter
$3,650 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 City tree removal, damage, or destruction – permit required 19-24” diameter
$6,470 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 City tree removal, damage, or destruction – permit required 25-30” diameter
$10,220 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 City tree removal, damage or destruction – permit required 31-36” diameter
$17,610 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 City tree removal, damage, or destruction – permit required 36+” diameter
$26,210 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 City tree removal, damage, or destruction – uncertain diameter under 30”
$10,220 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.40.140 City tree removal, damage, or destruction – uncertain diameter over 30”
$26,210 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree – removal, damage, or destruction- 6” diameter $1,090 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree – removal, damage, or destruction- 7-12” diameter $1,770 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree – removal, damage, or destruction 13-18” diameter
$3,650 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree – removal, damage, or destruction- 19-24” diameter
$6,470 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree – removal, damage, or destruction- 25-30” diameter
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7 $10,220 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree – removal, damage, or destruction- 31-36” diameter
$17,610 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree – removal, damage, or destruction- 36+” diameter $26,210 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree - removal, damage, or destruction uncertain diameter under 30”
$10,220 1st Fine; NA 2nd Fine; NA 3rd Fine
GMC.12.44.120 Indigenous tree - removal, damage, or destruction uncertain diameter over 30”
$26,210 1st Fine; NA 2nd Fine; NA 3rd Fine
SECTION 2. 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 seven percent (7%) of the administrative citation fine amount due the City, or seven percent (7%) 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.

SECTION 3. Processing Fee. Every administrative citation will be assessed an 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 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). Specifically, the proposed amendments have been determined to be exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and because it qualifies under the following categorical exemptions: 1) Actions for Protection of Natural Resources (Class 7, Section 15307 of CEQA Guidelines); 3) Regulatory actions for Protection of the Environment (Class 8, Section 15308 of CEQA Guidelines).

SECTION 5. Severability. This Ordinance is adopted under the authority of he Charter of the City of Glendale and State law. If any section, subsection, clause, or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall 169 of 171

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7 not affect any remaining provision hereof. In this regard, the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.

SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (3) days after the date of its passage.

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, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing Ordinance No._______________ was passed by a majority vote of 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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Glendale City CouncilFebruary 6, 2024

Glendale City Council
February 6, 2024