Agenda packet, special meeting — Glendale City Council, November 19, 2024

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

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NOVEMBER 19, 2024

ROLL CALL
-
1:00 PM
-
Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, November 19, 2024 Special Public Meeting of the City Council was posted on November 14, 2024, on the Bulletin Board Outside City Hall.

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SPECIAL PUBLIC MEETING
of the City Council is hereby called to meet at

1:00
PM
on
Tuesday, November 19, 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:

Improvements to the Entitlement and Permitting
Process: Phase II
a. Motion to Note and file the update regarding the entitlement and code review process, and provide direction on the next phase of improvements

2. City Attorney, re: Ordinance Amending Glendale Municipal Code Chapter 9.28 Relating to Camping
a. Introduction of Ordinance

3. City Attorney, re: Ordinance Amending Glendale Municipal Code Chapter 5.20 Relating to the Sidewalk Vendor License
a. Introduction of Ordinance
b. Resolution of appropriation in the amount of $88,882 for off-hours enforcement

4. Community Services and Parks, re:

City of Glendale Year-Round Hotel Program for
People Experiencing Homelessness
a. Resolution to dispense with competitive bidding and authorize the City Manager or a designee to secure hotel rooms, as needed, at rates cumulatively not to exceed the Fiscal Year 2024-2025 appropriation for the Glendale Housing Program

ADJOURNMENT

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE SPECIAL CITY COUNCIL

AGENDA ITEM
Report: Improvements to the Entitlement and Permitting Process: Phase II

1. Note and file the update regarding the entitlement and code review process, and provide direction on the next phase of improvements.

COUNCIL ACTION
Item Type: Action Item
Approved for November 19, 2024 calendar

EXECUTIVE SUMMARY
In mid-2022, Community Development began identifying opportunities to improve the permitting and entitlement review process to reduce timelines and enhance consistency.

The process included panels with frequent applicants, architects, and developers; as well as a third-party consultant that assisted in creating a workplan and list of items for improvement and enhancement. Staff received approval from City Council of the work plan in early 2024, as well as the first phase of improvements. The first phase of improvements has led to a significant reduction in review timelines for first reviews, as well as resubmittals. Staff is presenting the second phase of improvements, seeking to build on the momentum of reducing timelines, improving customer service, and achieving consistency in application of policies and rules.
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RECOMMENDATION
That City Council provide feedback on the next phase of improvements to the entitlement and permit review process.

ANALYSIS
In 2022, Community Development began the process of evaluating its entitlement and permitting process. Concerns and frustrations had been expressed from designers, developers, homeowners, and businesses regarding the length of time and inconsistent review of applications to Planning and Building & Safety. In order to improve and respond to these concerns, staff conducted roundtables and hired a third-party consultant to conduct interviews to identify consistent challenges that applicants were experiencing.

From this process, a comprehensive list that included improvements to internal operations, zoning code, development standards, customer service, and the online permitting system. In 2023, staff returned to City Council to obtain approval on the workplan and then began developing phases to implement improvements.

The first phase of improvements included a number of items that sought to make immediate improvements. The improvements implemented to date include:
•Implemented express permits;
•Eliminated reviews of divisions or departments that were no longer applicable; •Updated checklists and bulletins that provide clearer information and guidance; •Updated Energov to fix bugs and improve user experience; •Updated codes that allowed for continuance of non-conforming conditions, concurrent review, and reduction in items reviewed by the Design Review Board, all aimed to reduce timelines and make modest changes simpler to move through the process;
•Implemented new exemptions for geotechnical reports;
•Collaborated with GWP to remove the final utility inspection on most new residential panels and upgrades;
•Begun the process of pre-approved ADUs; and
•Completed the update of mixed-use and multi-family development standards.

These changes have assisted in significant reductions to permit timelines over the past year. The permits listed below have seen the following percent changes year over year for first round of review by the Planning Division
•ADU (-30.91%)
•Commercial / Mixed Use (-32.26%)
•Multi-Family (-33.33%)
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•Single – Family (-13.95%)
•Fences (+13.16%)
•Stucco (-28.57%)
Moreover, Planning Entitlement reviews have seen the following percent changes year over by the Planning Division:
•Administrative Design Review (-43%)
•Administrative Exception (-47%)
•Administrative Use Permit (-60%)
•Design Review (-40%)
The Building & Safety Division has also reduced timelines on first round reviews, including the following percent changes year over year:
•ADU (-41.07%)
•Commercial / Mixed-Use (-48.98%)
•Multi-Family (-40%)
•Single-Family (-20.93%)
•Fences (-3.28%)
•Stucco (-86.67%)
During this period, the overall number of applications has increased by over 9% for both Building & Safety and Planning Divisions. The number of resubmittals for Building & Safety has reduced by 17%. In summary, the Department was busier over the prior fiscal year, while reducing timelines and the number of resubmittals. While these numbers represent positive trends in reducing timelines and demonstrating consistency, there are still a number of additional changes that can be made to continue to improve the customer experience and to improve overall timelines.

As part of the second phase of process improvements, staff is putting forth a number of items that are intended to continue the positive trends over the past year. Those recommended improvements are as such:

Free-Standing Fences and Walls
Eliminate design review of free-standing fences and walls: Amend 30.47 (Design Review) to eliminate staff’s review of free-standing fences and block walls (excluding retaining walls) that do not require a building permit for compliance with the Comprehensive Design Guidelines. As part of this streamlining initiative, objective development and design standards will be established for criteria related to height, materials, location, etc. Note: removing the design review portion for review of free- 5 of 45

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standing fences and walls will result in reduction in fees collected for DRB exemptions and may require changes to Title 30.

Free-standing fence and wall amnesty: Formulate a policy that will allow free-standing fences and block walls that are currently in violation and have an active code enforcement case with the Neighborhood Services Division to be maintained. As part of this effort, staff will coordinate with Neighborhood Services to obtain an inventory of violations regarding free-standing fences and block walls to help develop an amnesty policy that will be beneficial to the community. This will require a starting point so that fences built tomorrow are not allowed to violate existing rules. A good place to start may be the inventory taken to council in 2005 when Council was considering enforcement of non-permitted fences.

Modifications to the Administrative Use Permit
Eliminate AUPs for alcohol sales at restaurants. Instead, require restaurants that want to serve alcohol to acquire a Title 5 license. This is currently only done in the Maryland Arts and Entertainment, Alex Theater and Broadway Center Districts through a “Special District License”. Note that removing the AUP will result in reduction in planning fees collected and require changes to Title 30 and Title 5. Additional coordination with Neighborhood Services and Police Department with be required as part of this effort.

Eliminate need to apply for AUP and CUP for Banquet Halls. Currently, a new or expansion to an existing banquet hall requires the approval of a CUP for the banquet use and an AUP for the sales, service, and consumption of alcoholic beverages on-site.

This process assumes that not all banquet halls choose to serve alcohol. Although both applications could be heard in one hearing before the PHO, it requires double the work of both the planner taking the case to PHO and the planner acting as the PHO, who will have to issue two separate decisions. To streamline this process, banquet halls should only be subject to the approval of a CUP for the banquet hall use that would allow them to either serve or not serve alcohol like taverns. Note that removing the AUP will result in reduction in planning fees collected and may require changes to Title 30.

Sign Re-facing
Remove permit requirements for sign refacing within existing channel boxes. Currently,

30.33.050 (Permit Required, Signs) identifies that a building permit is required to construct, place, erect, maintain, alter, or relocate any sign or advertising structure. At present, a permit is required to change the sign face – while no other features of the sign are being altered (e.g. the existing sign cabinet, electrical, and sign mounting hardware). To streamline the process for wall sign face change outs only, a permit will 6 of 45

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no longer be necessary. This will require changes to Title 30 and will result in a reduction of building permit fees collected.

Reduce or Eliminate Minimum Unit Sizes
The Council previously issued direction for staff to study potential modification or elimination of minimum unit sizes for multi-family dwellings. This could allow for flexibility in future developments, while encouraging a wider range of unit sizes within the city. In districts such as the DSP, the zoning code also ensures that not only small units will be built by requiring a specific unit mix to encourage multi-generational households as well as unity diversity. The current requirements are as such:

Multi-family residential zones (R-3050, R-2250, R-1650 and R-1250) DU size minimums:
•Efficiency and one bedroom units: 600 square feet.
•Two bedroom units: 800 square feet.
•Three or more bedroom units: 1,000 square feet.

Downtown Specific Plan DU size minimums:
•Senior or affordable: 540 square feet
•Efficiency and one bedroom units: 600 square feet
•Two bedroom units: 800 square feet.
•Three or more bedroom units: 1,000 square feet.

Inground Pools
To minimize the amount of plan checking roles, the Planning Division staff will train Building & Safety staff to review simple stand alone, in-ground pools to check for setbacks, fencing and equipment locations. Pools that are not completely in-ground, project out from the hillside topography, and located within the hillsides will remain under review for design and zoning compliance. This will reduce the amount of plan checking roles on a simple permit. Note: removing the design review portion for pool review will result in reduction in fees collected for DRB exemptions and may require changes to Title 30.

Remove Basements from FAR Requirements
Currently, basements are calculated towards floor area ratio for residential development. One of the purposes of maximum floor area ratio (FAR) thresholds are to control massing typically in residentially zoned development. Because fully- subterranean basements are not visible, these basements do not impact a building’s 7 of 45

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appearance (mass) as viewed from adjacent properties or the public right-of-way.

Exempting a certain amount of basements from the FAR requirement (e.g. up to 500 square-feet) will allow property owners flexibility of use and development of their property.

Ministerial Parcel Maps (10 or Fewer Units)
SB 684 - GOV §§ 65852.28, 65913.4.5, 66499.41 - Requires local agencies to ministerially approve a parcel map or a tentative and final map for a housing development with 10 or fewer units on an urban lot of less than 5 acres that meets specified requirements. Allows housing development projects on a ministerially approved parcel map or tentative and final map to comply with objective standards and prohibits local agencies from imposing requirements on the project inconsistent with the bill’s requirements.

Pre-Application Refinement
Staff will revise the internal process for Planners to meet with applicants to capture missed opportunities of communication and customer service.

Planning is proposing to utilize our current policy of requiring new housing development to go through a pre-application process before submitting for entitlements to create a more informed process that would allow for compliance with SB 330 approved by the Governor on October 9, 2019 (Housing Crisis Act of 2019), related to timelines and streamlining. SB 330 which was set to expire on January 1, 2025, was recently extended to January 1, 2030, with SB 8.

The changes to this policy will allow staff to better comply with this important housing legislation. Staff is proposing to request a fee upfront, that could eventually be credited towards the future entitlement, such as Design Review to ensure that staff time is captured for those projects that are never formally submitted. For instance, if the SB330 “Pre-application” has a cost of $500 dollars, that fee would go towards the eventual submittal of an actual entitlement request, most of which will be design review. Staff can either require that all projects submit for pre-application or allow it as an option to developers in order to assist in the expediting of design review. Staff will also refine the submittal requirements to make them easier and simpler, and requesting only information that is needed at early guidance stages.

Updates to the Parking Chapter
Staff will update the parking chapter to be consistent with State law, and to consider other direction that Council may require such as providing parking maximums in lieu of parking minimums.
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Refinement of the Concierge Service
Currently, staff employs the concierge team on particular projects such as those that are large scale, sensitive to the community, or referred to the department. Staff proposes developing a long-term plan that is more structured. The role of the concierge team is to improve coordination across divisions and departments, while providing a unique customer service to applicants as well. Staff recommends that the utilization of the concierge team should serve as a fee-based service for large-scale development or those wishing to utilize the service, offering an opportunity to recoup some of the costs associated with the service. Staff also recommends that the service can be deployed in a programmatic fashion based on Council priorities. This could include small business tenant improvement projects, or others identified by Council. This would be in addition to the fee-based service also recommended by Council.

Environmental Review Contracting Process
The Glendale CEQA Guidelines require staff to prepare the environmental documents for discretionary projects. With the exception of EIRs, staff prepares all environmental documents such as negative declarations and mitigated negative declarations.

However, due to their technical complexity and demands on staffing, Planning contracts with consultants to prepare EIR’s. As a result, for certain projects, staff must complete a Request for Proposal (RFP) process to solicit bids for EIR services. This creates additional workloads for staff and adds 3 to 5 months to the schedule for such projects.

To address this inefficiency, staff proposes eliminating the stand-alone RFP process and retaining three environmental firms for on-call environmental services. For future complex or environmentally sensitive projects, staff would request proposals from each firm to ensure competitive pricing and a suitable match for the requested services. Staff recommends a limited Request for Qualifications (RFQ) process to a select number of firms staff believes has the prerequisite experience and demonstrated capability to provide the necessary environmental services.

Low Impact Development
Shifting the Low Impact Development (LID) review within private properties from the Public Works Department to the Building and Safety Division offers substantial benefits for managing stormwater impacts and pollutant loading developments projects. Given the Building and Safety Division’s expertise in residential, commercial, and industrial project oversight, this transition could streamline the review process, ensuring more consistent application of LID principles across Glendale’s construction activities. The Glendale Municipal Code (§ 13.43.010) emphasizes minimizing pollutants, erosion, and hydrologic disruptions from impervious surfaces, objectives that align well with the 9 of 45

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technical knowledge and procedural approach of Building and Safety staff. By centralizing development-related requirements within the Building and Safety Division, Glendale can expect improved coordination and potentially more effective stormwater management on project sites.

Additionally, transferring LID responsibilities could enhance the review and enforcement of Best Management Practices (BMPs), as the Building and Safety Division already collaborates closely with developers to enforce construction standards. This division’s ongoing focus on upholding municipal and statewide safety and environmental codes allows for more robust implementation of LID measures at each project phase, from planning to construction completion. Current provisions requiring erosion control and hydromodification technologies can be more directly overseen by Building and Safety professionals trained to evaluate these engineering principles. This change will likely lead to more resilient, environmentally friendly infrastructure in Glendale’s urban landscapes, addressing adverse impacts on water quality and drainage systems more comprehensively than before.

LID and Stormwater Mitigation within Public right-of-way will remain under Public Works Department jurisdiction. This applies to stormwater and urban runoff from streets, roads, highways, freeway projects, and also, to coordination with County of Los Angeles and Regional Water Board.

Staff believes that these series of improvements, both near and longer term, will lead to reduced timelines and consistency for smaller projects such as fences and the calculation of FAR for basements; while also improving larger scale issues related to parking, EIR for large projects, and how the City deploys the concierge team to assist applicants and projects. Staff is seeking direction and input from Council, and will return with updates as each items moves through the process. Elements that are impactful to the code and public will also go through a public engagement process.

STAKEHOLDERS/OUTREACH
Where applicable, staff will conduct public outreach for items that impact the code and aesthetic quality of the built environment.

FISCAL IMPACT
There is no fiscal impact associated with this report at this time. If Council chooses to make the previously mentioned changes to the permitting and planning process, the department will return to Council at a future date to directly address any impacts upon existing fees and make appropriate amendments to the Citywide Fee Schedule. 10 of 45

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If Council chooses to approve the shift in LID review from the Public Works department to the Building and Safety Division, the Community Development Division will be able to absorb the staffing cost within the department’s General Fund budget.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
N/A

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION

1. Council may decline to move forward with the recommended improvements, and staff will return with a revised list.

ADMINISTRATIVE ACTION
Submitted by:

Bradley Calvert, Director of Community Development
Prepared by:

Bradley Calvert, Director of Community Development
Approved by:

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

EXHIBITS/ATTACHMENTS
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MOTION
Moved by Council Member ____________________________, seconded by Council Member ___________________________, that the Council notes and files the Report to Council dated November 19, 2024 regarding the entitlement and code review process (“Report”) and provides direction on the next phase of improvements including pursuing the following changes:
•[Eliminate design review of free-standing fences and walls.] •[Formulate a policy that will allow free-standing fences and block walls that are currently in violation and have an active code enforcement case to be maintained.]
•[Eliminate AUPs for alcohol sales at restaurants.]
•[Eliminate need to apply for both AUPs and CUPs for banquet halls that sell alcohol; require only CUPs for banquet hall use.]
•[Remove permit requirements for sign refacing within existing channel boxes.]
•[Reduce or eliminate minimum unit sizes for multi-family dwellings.] •[Transition zoning code review of completely inground pools from the Planning Division to Building & Safety Division; Planning Division will provide training to Building & Safety, and removing design review portion may require changes to Title 30.
•[Remove basements from FAR requirements.]
•[Implement ministerial parcel maps for developments of 10 or fewer units, 12 of 45

per State law.]
•[Revise internal process for Planners to meet with applicants pre- application to improve communications and customer services, as outlined in the Report.]
•[Update the parking chapter of Title 30 to be consistent with State law and to consider other direction that Council may provide such as parking maximums in lieu of parking minimums.]
•[Refine the Concierge Service as outlined in the Report.] •[Revise to the Environmental Review Contracting Process, as outlined in the Report.]
•[Shift Low Impact Development (LID) review within private properties from Public Works to the Building & Safety Division.]
Vote as follows:

Ayes:

Noes:

Absent:

Abstain:

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Introduction of Ordinance Amending Glendale Municipal Code Chapter 9.28 Relating to Camping
1) Ordinance amending section 9.28.020, Definitions, of Chapter 9.28 of the Glendale Municipal Code, to enable the enforcement of sections 9.28.030, Camping, and 9.28.040, Storage of Personal Property, in the daytime as well as at nighttime.

COUNCIL ACTION
Item Type: Action Item
Approved for November 19, 2024 calendar

EXECUTIVE SUMMARY
The Glendale Municipal Code, sections 9.28.030 and 9.28.040, generally prohibit the acts of camping and storing personal property on public property. However, the definitions of “camp” and “store” codified in section 9.28.020 limit enforcement of section 9.28.030 and preclude enforcement of section 9.28.040 during the daytime. On June 28, 2024, the United States Supreme Court held that enforcement of generally applicable laws regulating camping on public property does not violate the Eighth Amendment to the United States Constitution. At its study session on August 27, 2024, the City Council received testimony that individuals reside in or use public property for living accommodation purposes, such as sleeping activities, or make preparations to sleep, during the daytime and at nighttime. To provide an additional tool to address acts that would otherwise violate Chapter 9.28, the Council directed the City Attorney to prepare an ordinance amending Chapter 9.28 to enable its enforcement at all hours. The ordinance before the Council for introduction is presented pursuant to that direction.

RECOMMENDATION
Introduce an ordinance amending section 9.28.020, Definitions, of Chapter 9.28 of the Glendale Municipal Code, to enable the enforcement of sections 9.28.030, Camping, and

9.28.040, Storage of Personal Property, in the daytime as well as at nighttime.

ANALYSIS
In 1997, the Glendale City Council adopted Ordinance No. 5140, which codified Chapter

9.28 of the Glendale Municipal Code to regulate camping and storage of personal 14 of 45

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property on public property. Under section 9.28.030, “it is unlawful for any person to camp or use paraphernalia in or on any public park, street, sidewalk or other public property.” Camping on public property is allowed only pursuant to a permit issued by the city manager. Under section 9.28.040, “it is unlawful for any person to store any personal property in or on any public park, street, sidewalk, or other public property.” Violation of either provision is a misdemeanor.

Importantly, however, the definitions of “camp” and “store” codified in 9.28.020 are limiting. Specifically, “camp” is defined to mean, “in light of all of the circumstances, (1) residing in or using a public park, street, sidewalk or other public property for nighttime living accommodation purposes such as sleeping activities; (2) making preparations to sleep overnight (including the laying down of bedding for the purpose of sleeping, storing personal belongings, blankets, sheets, other bedding material, luggage, backpacks, kitchen utensils, cookware and similar materials);
(3) erecting, maintaining or occupying any structure with natural or artificial material (including a building or a tent);
(4) making any fire or using any tents;
(5) regular cooking of meals;
(6) living in a parked trailer, camper shell, motor home, or any motor vehicle as defined by the California Vehicle Code; or
(7) setting up or using any camp paraphernalia.”
(Emphasis added.) Similarly, the term “store” is defined to mean, “in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property during nighttime.” (Emphasis added.) The term “nighttime” is defined in section 1.04.020 to mean “the period of time between sunset and sunrise.”
At present, therefore, section 9.28.030 is unenforceable—during the daytime (i.e., the period of time between sunrise and sunset)—against a person who is residing in or using public property for living accommodation purposes, such as sleeping activities, or making preparations to sleep, unless that person is engaged in another form of “camping,” set forth in definitions (3) through (7) above. Additionally, section 9.28.040 is presently unenforceable—during the daytime—against a person who puts aside or accumulates for use when needed, puts aside for safekeeping, places or leaves personal property on public property.

In 2018, the United States Court of Appeals for the Ninth Circuit held in Martin v. City of Boise, Idaho (9th Cir. 2018) 902 F.3d 1031 that municipalities could not, consistent with the Eighth Amendment to the United States Constitution, impose criminal penalties for sitting, sleeping, or lying on any public property in a jurisdiction when no alternative sleeping space is practically available. In 2022, the Ninth Circuit held in Johnson v. City of Grants Pass, Oregon (9th Cir. 2022) 50 F.4th 787 that Martin applied not only to criminal penalties, but also civil citations that later become criminal penalties, and also 15 of 45

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that Martin applied to ordinances that prohibit the use of articles necessary to facilitate sleep.

On June 28, 2024, the Supreme Court of the United States reversed the judgment of the Ninth Circuit in City of Grants Pass, Oregon v. Johnson (2024) 144 S. Ct. 2202, holding that enforcement of generally applicable laws regulating camping on public property does not violate the Eighth Amendment to the United States Constitution. Importantly, the Court’s holding in Johnson abrogates the judgment of the Ninth Circuit in Martin. In short, the Eighth Amendment no longer precludes enforcement of generally applicable camping ordinances, without regard to whether alternative sleeping space is practically available.

On August 27, 2024, the City Council held a study session to discuss, among other things, the impact of the Supreme Court’s decision in Johnson on enforcement of Chapter 9.28.

The Council received testimony that certain camping-related violations, discussed above, are actionable only at nighttime. Yet, the Council received testimony from the Police Department that individuals reside in or use public property for living accommodation purposes, such as sleeping activities, or make preparations to sleep on public property, during the daytime as well as at nighttime; and that amending Chapter 9.28 to apply 24 hours per day would provide one additional enforcement tool to be used as appropriate.

Having considered all of the above, the City Council passed a motion directing the City Attorney to prepare an ordinance amending Chapter 9.28 to enable its enforcement during the daytime as well as at nighttime. The ordinance before the Council for introduction is presented pursuant to that direction.

STAKEHOLDERS/OUTREACH
The City Council held a special public meeting on August 27, 2024, at 3:00 p.m. to discuss, among other things, the impact of the Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson on enforcement of Chapter 9.28. The Council received testimony from the Office of the City Attorney, Police Department, Community Services & Parks Department, as well as members of the public. Additionally, the Police Department and Community Services & Parks Department provided feedback regarding the ordinance before the Council for introduction.

FISCAL IMPACT
There is no immediate fiscal impact associated with this item. The Police Department is primarily responsible for enforcement of Chapter 9.28 through its Patrol Bureau and Community Outreach, Resources, and Engagement (CORE) Bureau. The CORE Bureau conducts outreach to those camping and storing personal property on public property in the City, and, where applicable and appropriate, enforces Chapter 9.28, among other local and state laws. To the extent that amendment of Chapter 9.28 to apply 24 hours per day necessitates the commitment of additional resources, staff will return to the Council with such a report and request.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered does not constitute a “project” within the meaning of CEQA 16 of 45

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pursuant to CEQA Guidelines sections 15378(b)(2) and (b)(5), as it constitutes continuing administrative or maintenance activity, namely, general policy and procedural making, and an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment. Even if it is a “project,” it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; thus, it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative No. 1: Provide direction to amend Chapter 9.28 in a manner not reflected in the ordinance presented for introduction.

Alternative No. 2: Do not introduce an ordinance amending Chapter 9.28, in which case, certain violations of section 9.28.030, Camping, and section 9.28.040, Storage of Personal Property, will remain actionable only at nighttime.

ADMINISTRATIVE ACTION
Submitted by:

Michael J. Garcia, City Attorney
Prepared by:

Aaron M. Israel, Senior Assistant City Attorney
Approved by:

Michael J. Garcia, City Attorney
Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None
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ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, AMENDING SECTION 1.04.020 OF THE GLENDALE MUNICIPAL CODE, 1995, RELATING TO GENERAL PROVISIONS, AND AMENDING SECTION

9.28.020 RELATING TO CAMPING
WHEREAS, the City of Glendale is home to approximately 200,000 residents and welcomes visitors annually numbering in the tens of millions; and WHEREAS, in 1997, the Council of the City of Glendale adopted Ordinance No. 5140, in which it found that the public streets and areas within the city should be readily accessible and available to residents and the public at large, and that the use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended; and WHEREAS, Ordinance No. 5140, which codified Chapter 9.28 of Glendale Municipal Code, 1995, makes it unlawful, in pertinent part, “to camp . . . in or on any public park, street, sidewalk or other public property” and “to store any personal property in or on any public park, street, sidewalk, or other public property”; and WHEREAS, Section 9.28.020 of the Glendale Municipal Code, 1995, defines “camp” to mean, among other things, “residing in or using a public park, street, sidewalk or other public property for nighttime living accommodation purposes such as sleeping activities” or “making preparations to sleep overnight;” and defines “store” to mean, “to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property during nighttime”; and WHEREAS, the Council of the City of Glendale held a study session on August 27, 2024, in which it received testimony that persons reside in or use public property for living accommodation purposes such as sleeping activities, or therein make preparations to sleep, during the daytime as well as at nighttime; and WHEREAS, the use of public property for camping or storage of personal property is associated with deleterious conditions including, but not limited to, the obstruction of public rights-of-way and public urination and defection, which interfere with the rights of others to use the areas for which they were intended during the daytime no less than at nighttime; and
WHEREAS, the Supreme Court of the United States held in City of Grants Pass, Oregon v. Johnson, et al. (2024) 144 S. Ct. 2202 that the enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment in violation of the United States Constitution; and 18 of 45

WHEREAS, the Council of the City of Glendale finds and declares that the public streets and areas within the city should be readily accessible and available to residents and the public at large at all hours of the day and night.

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 1.04.020 of the Glendale Municipal Code, 1995, is hereby amended to read as follows:

1.04.020 Definitions.

In the construction of this code and of all ordinances of the city, the following words shall have the meanings ascribed to them, unless such construction would be inconsistent with the manifest intent of the council or the context clearly requires otherwise:
“City” means the city of Glendale, California.
“Civic center square” means the entire area bounded by East Wilson Avenue to the north, East Broadway to the south, North Glendale Avenue to the east, and North Isabel Street to the west.
“Code” means "The Municipal Code of the City of Glendale, California, 1995." Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.
“Council” means the council of the city of Glendale.
“County” means the county of Los Angeles, California.
“Day” means the period of time between any midnight and the midnight following. “Daytime” means the period of time between sunrise and sunset.

Department, division, board or officer. Every department, division, board or officer, whenever either is mentioned in this code, means a department, division, board or officer, as the case may be, of the city of Glendale.
“Health officer” means and includes the health officer of the city and his or her deputies, and the county health officer and his or her deputies whenever the city has entered into a contract with the county for the performance by health officers or other employees of the county of public health services.
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“In the city” or “within the city” means all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
“Nighttime” means the period of time between sunset and sunrise. “Oath” means and includes affirmation.

Or, and. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it. “Owner,” when applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land or any person named in section 682 of the State Civil Code. “Person” means and includes any person, firm, association, organization, partnership, business trust, corporation or company.
“Personal property” means and includes every species of property, except real property, as defined in this section.
“Preceding” means next before; "following" means next after. “Premises” means and includes any building, structure, place, lot or parcel of land or any number of contiguous lots or parcels of land, in the possession or control of any person or in the joint or common possession or control of more than one person. “Process” means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
“Property” means and includes real and personal property. “Real property” means the same as the definition contained in section 658 of the State Civil Code.
“Signature” or “subscription by mark” means and includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
“State” means the state of California.
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“Tenant” or “occupant,” applied to a building or land, means and includes any person holding a written or an oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.
“Week” consists of seven consecutive days.
“Writing” means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

SECTION 3. Section 9.28.020 of the Glendale Municipal Code, 1995, is hereby amended to read as follows:

9.28.020 Definitions
As used in this chapter:
“Camp” means, in light of all of the circumstances, residing in or using a public park, street, sidewalk or other public property for nighttime living accommodation purposes such as sleeping activities, including by using camp paraphernalia; making preparations to sleep, overnight (including by setting up camp paraphernaliathe laying down of bedding for the purpose of sleeping, storing personal belongings, blankets, sheets, other bedding material, luggage, backpacks, kitchen utensils, cookware and similar material); erecting, maintaining or occupying any structure with natural or artificial material, (including a building or a tent); making any fire except in a city facility designated for such purposeor using any tents; regular cooking of meals; or living in a parked trailer, camper shell, motor home, or any motor vehicle as defined by the California Vehicle Code.; or setting up or using any camp paraphernalia. “Camp paraphernalia” means, but is not limited to, tarpaulins, cots, beds, bedding, blankets, sheets, sleeping bags, hammocks or noncity designated cooking facilities and similar equipment.
“Nighttime” is defined by Section 1.04.020 of this code. “Store” means, in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property during nighttime.

policy or procedure making (except as applied to specific instances not germane to this Ordinance), or to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.. Even if it is a “project,” the City Council finds and determines with certainty that there is no possibility that the activity in question, namely, adopting an ordinance to regulate camping and storage of personal property on public property, may have a significant effect on the environment; thus, it is exempt from CEQA pursuant to CEQA Guidelines section 15061, subdivision (b)(3).

SECTION 5. Severability. This Ordinance is adopted under the authority of the Charter of the City of Glendale and state law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provisions 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 (30) days after the date of its passage.

Passed and adopted by the Council of the City of Glendale on the _____ day of _______________, 2024.
____________________________
Mayor

ATTEST:
_________________________
City Clerk
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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, and that the same was passed by the followed vote.

Ayes:

Noes:

Absent:

Abstain:
______________________________
City Clerk
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Introduction of Ordinance Amending Glendale Municipal Code Chapter 5.20 Relating to the Sidewalk Vendor License; Report Regarding Increased Enforcement Thereof
1) Ordinance amending section 5.20.010, Definitions, and adding section 5.20.110, Impoundment, of Chapter 5.20 of the Glendale Municipal Code, to enable the impoundment of sidewalk vending items, as defined, in prescribed circumstances; and
2) Resolution of appropriation in the amount of $88,882 for off-hours enforcement.

COUNCIL ACTION
Item Type: Action Item
Approved for November 19, 2024 calendar

EXECUTIVE SUMMARY
The Glendale Municipal Code, Chapter 5.20, provides that no person shall engage in sidewalk vending without first obtaining a sidewalk vendor license for each receptacle used by the vendor; sets forth time, place, and manner regulations directly related to objective health, safety, or welfare concerns recited in Ordinance No. 5396; and imposes administrative fines for violation of its terms. Pursuant to state law, Chapter 5.20 is not criminally enforceable. At its study session on August 27, 2024, the City Council received testimony that the vast majority of sidewalk vending receptacles are being operated by vendors that have not obtained licenses for those receptacles, and that they cannot be compelled to produce valid identification to be issued administrative fines. Even if an unlicensed vendor produces valid identification, or a vendor is licensed, after being issued an administrative fine, objective health, safety, or welfare concerns directedly related to continued unlicensed vending or continued violations of time, place, or manner regulations remain. To address such concerns and provide a mechanism to enforce the licensing and operational requirements for sidewalk vending, the Council directed the City Attorney to prepare an ordinance amending Chapter 5.20 to authorize the impoundment of sidewalk vending items.

Additionally, presented with operational challenges to enforcement of Chapter 5.20, namely, the limited availability of Los Angeles County Department of Public Health personnel to conduct directed enforcement, and the occurrence of violations outside of 24 of 45

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operating hours, at its study session on August 27, 2024, the City Council passed a motion directing staff to prepare a report regarding increased enforcement of Chapter

5.20, including the associated costs or resources. On September 17, 2024, the Community Development Department, which is primarily responsible for enforcement of Chapter 5.20, presented a report in which it identified additional staff, or overtime for existing staff, as the best means to address after-hours sidewalk vending issues. Indeed, the Council authorized overtime for code enforcement professionals on Thursday, Friday, and Saturday evenings to address after-hours enforcement issues, including unlawful sidewalk vending. While the Community Development Department can temporarily provide after-hours staffing and absorb the associated cost, the overtime model is unsustainable for months-long enforcement. In the short term, therefore, staff requests that the City Council appropriate funding for up to eight months of off-hours enforcement, which will be provided through overtime by existing staff. In the long term, the Community Development Department may request additional code enforcement staffing in its forthcoming Action Plan.

Finally, an opportunity to obtain dedicated personnel and enforcement services from the Department of Public Health may be available, as another city in Los Angeles County entered into a memorandum of understanding by which, among other things, it reimbursed the Department of Public Health the personnel rates of its inspectors to increase the frequency of enforcement within that city.

RECOMMENDATION
Introduce an ordinance amending section 5.20.010, Definitions, and adding section

5.20.110, Impoundment, of Chapter 5.20 of the Glendale Municipal Code, to enable impoundment of sidewalk vending items, as defined, in prescribed circumstances; Provide direction regarding increased enforcement of Chapter 5.20; and Adopt a resolution of appropriation to appropriate $88,882 for off-hours enforcement.

ANALYSIS
Ordinance Amending GMC Chapter 5.20 Relating to the Sidewalk Vendor License In 2018, the California State Legislature passed, and the Governor of California signed into law, Senate Bill 946, which codified California Government Code sections 51036 through 51039. Known as the Safe Sidewalk Vending Act (“Act”), the central purpose of this legislation is to prohibit the issuance of criminal penalties for violations of sidewalk vending ordinances and regulations.

In general terms, the Act authorizes a local authority to adopt a Sidewalk Vending Program that requires a vendor to obtain a license from the local authority to engage in vending and imposes additional requirements regulating the time, place, and manner of sidewalk vending if directly related to objective health, safety, or welfare concerns. The Act authorizes a local authority to punish violations of its time, place, and manner regulations by administrative fines escalating from $100 to $500, then recission of a vendor’s sidewalk vending license, or by administrative fines escalating from $250 to 25 of 45

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$1,000 for vending without a license. Fines are subject to reduction depending upon a vendor’s ability to pay.

In 2019, the Glendale City Council adopted Ordinance No. 5396, which codified the City’s Sidewalk Vending Program at Chapter 5.35 of the Glendale Municipal Code. (In 2021, the Council adopted Ordinance No. 5972, which recodified the Sidewalk Vending Program at Chapter 5.20). As the Act authorizes, Chapter 5.20 provides that no person shall engage in vending without first obtaining a sidewalk vendor’s license for each receptable used by the vendor; it sets forth time, place, and manner regulations directly related to objective health, safety, or welfare concerns, which are recited in detail in Ordinance No. 5396; and it imposes administrative fines consistent with the Act for violation of its terms. Ordinance No. 5396 expressly states that the Glendale Municipal Code’s criminal penalties do not apply to the Sidewalk Vending Program.

On August 27, 2024, the City Council held a study session to discuss, among other things, the existing sidewalk vending regulations and enforcement efforts. The Council received testimony that, since 2012, the City has issued 61 sidewalk vendor licenses, known until the adoption of Ordinance No. 5396 as peddlers’ licenses, to 19 distinct vendors. As of July 23, 2024, however, only five (5) sidewalk vendor licenses remained active, despite sidewalk vending at 41 known locations in the City. The testimony reveals that, as of July 23, 2024, at least 88% of sidewalk vending receptacles were operated by vendors that had not first obtained a sidewalk vendor license for those receptacles.

Additionally, the City Council received testimony that enforcing the sidewalk vendor license requirement is particularly challenging, given that the City must positively identify the sidewalk vendor to issue an administrative fine; yet, the City cannot compel a sidewalk vendor to produce identification absent, at minimum, reasonable suspicion of criminal activity, which, as discussed above, a violation of Chapter 5.20 expressly does not and cannot constitute.

Whether the City can positively identify a sidewalk vendor—either because the vendor is licensed or unlicensed and produces valid identification—after being issued an administrative fine, the vendor may continue to engage in unlicensed vending, or violate any of the time, place, or manner regulations that Chapter 5.20 imposes, leaving the City without a mechanism by which to mitigate objective health, safety, or welfare concerns to which the sidewalk vendor license requirement and time, place, and manner regulations directly relate.

Having considered all of the above, the City Council passed a motion directing the City Attorney to prepare an ordinance amending Chapter 5.20 to enable the impoundment of sidewalk vending items used in violation of the Sidewalk Vending Program. The ordinance before the Council for introduction is presented pursuant to that direction.

The ordinance presented for introduction includes three sets of substantive provisions.

The first set provides that a vendor’s sidewalk vending items—defined to mean the items offered for sale and the equipment used to sell them—are subject to impoundment if (1) 26 of 45

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the vendor is unlicensed and fails to both (a) produce valid identification and (b) remove their sidewalk vending items until the vendor obtains a license; (2) is licensed, but violates any other sidewalk vending regulations and fails or refuses to remedy the violation or remove their sidewalk vending items until the violation can be remedied; (3) regardless of licensure, the sidewalk vending items pose an imminent threat to public health or safety, including an excessive sidewalk obstruction; and/or (4) the sidewalk vending items are abandoned on public property.

The second set of provisions sets forth procedures by which to notice vendors whose sidewalk vending items are impounded; provides that sidewalk vending items shall be stored for 90 days (unless they are perishable and cannot be safely stored), during which they may be retrieved upon proof of ownership and payment of a sum equal to the City’s enforcement, investigation, storage, and impound costs, to be determined; and authorizes the City Manager to promulgate additional, consistent regulations to facilitate the removal, storage, and retrieval of sidewalk vending items.

The third set of provisions sets forth procedures by which a vendor whose sidewalk vending items are impounded may administratively appeal the impoundment, provided that if also issued an administrative fine, the vendor will receive concurrent administrative appeal hearings; and also states that the City will not dispose of impounded sidewalk vending items during the pendency of an administrative appeal hearing, even if the 90- day storage period has elapsed.

The ordinance before the Council for introduction would take effect 30 days after its adoption. Staff recommends that, if the Council introduces and ultimately adopts the ordinance, its enforcement begin once the City Manager has promulgated regulations to facilitate the removal, storage, and retrieval of sidewalk vending items, including identification of facilities to store any impounded equipment.

Increased Enforcement of GMC Chapter 5.20
At its study session on August 27, 2024, the City Council received testimony that, in addition to the Act’s limitations, operational challenges limit the City’s enforcement of Chapter 5.20. Specifically, the Community Development Department, Neighborhood Services Division, is the primary enforcement authority, in collaboration with the Police Department and Los Angeles County Department of Public Health. Yet, the City Council received testimony from the Police Department that the Department of Public Health is able to commit resources for directed enforcement only once per month.

Additionally, the Neighborhood Services Division operates between the hours of 7:00 a.m. and 5:00 p.m. The City Council received testimony that violations of Chapter 5.20 often arise outside of operating hours, in which case complaints are referred to the Police Department, which responds in support of the Neighborhood Services Division subject to higher priority calls for service. Given these limitations, the City Council also passed a motion on August 27, 2024, directing staff to prepare a report regarding increased enforcement of Chapter 5.20, including the associated costs or resources. 27 of 45

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On September 17, 2024, the Community Development Department presented a report seeking direction from the City Council regarding a prioritization schedule for addressing violations, education, enforcement, and escalation of such enforcement, and the scope of resources which may be needed to meet that direction.

In its September 17 report, the Community Development Department identified sidewalk vending as an “Urgent – Life & Safety” issue. The September 17 report reiterates that specific quality of life issues, including sidewalk vending, present themselves on evenings and weekends, when code enforcement professionals are not regularly on duty.

Complaints regarding these issues then fall to the Police Department, which must prioritize criminal, rather than administrative, violations.

Thus, the September 17 report concludes that the best means to address after-hours qualify of life issues, including sidewalk vending, is to add staff to the Neighborhood Services Division, or authorize and fund overtime hours. On September 17, the City Council authorized overtime for code compliance professionals on Thursday, Friday, and Saturday evenings. Specifically, one (1) Customer Service Representative, one (1) Associate Code Compliance Inspector, and one (1) Code Compliance Inspector work Thursdays and Fridays from 7:00 to 11:00 p.m. and Saturdays from 6:00 p.m. to 12:00 a.m. The extended annual cost of overtime for these positions is $133,322.

During its off-hours operations thus far, code enforcement professionals have taken the following approach. First, they educate vendors regarding Chapter 5.20. If a vendor continues to engage in unlawful vending, or removes their receptable only to resume vending after staff departs, code enforcement professionals issue administrative citations.

The following table summarizes enforcement conducted by code enforcement professional since beginning off-hours operations in September:

OT Shift Day of Week Vendors Contacted Vendors Cited
10/12/2024 Saturday 8 2
10/17/2024 Thursday 6 2
10/18/2024 Friday 4 2
10/19/2024 Saturday 3 1
10/24/2024 Thursday 5 1
10/25/2024 Friday 2 0
10/26/2024 Saturday 2 0
10/31/2024 Thursday 1 2
11/1/2024 Friday 2 0
11/2/2024 Saturday 0 0
11/7/2024 Thursday 3 2
11/8/2024 Friday 2 0
11/9/2024 Saturday 2 1
Since code compliance professionals began working off hours on Thursday, Friday, and Saturday evenings, the Neighborhood Services Division has observed a decline in 28 of 45

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vendors unlawfully operating during these timeframes. If the Neighborhood Services Division continues to observe unlawful vending decline, the off hours that code compliance professionals work in the coming months may decrease.

While the Community Development Department can temporarily provide staffing after- hours and absorb the associated cost, the overtime model is unsustainable for months- long enforcement, both due to the unallocated cost and insufficient staff to work Thursday, Friday, and Saturday evenings indefinitely.

In the short term, therefore, the staff requests that the City Council adopt a resolution of appropriation in the amount of $88,882, which will provide off-hours funding for code compliance professionals, during the timeframes identified above, for up to eight months.

If the Neighborhood Services Division continues to observe unlawful vending decline in the coming months, warranting a reduction in off-hours enforcement of Chapter 5.20, the Neighborhood Services Division would utilize appropriated funds to address other matters that the City Council deems pressing, to the extent necessary.

In the long term, the Community Development Department may request in its forthcoming Action Plan one (1) new hire in each of the classifications identified above in an hourly capacity.

Collaboration with the Los Angeles County Department of Public Health At its study session on August 27, 2024, Councilmember Kassakhian raised the prospect of a Department of Public Health official dedicated to enforcement in the City. The Police Department has identified a precedent for such collaboration. Specifically, in 2023, the City of Torrance entered into a Pilot Partnership Project with the Department of Public Health for Increased Unpermitted Sidewalk Vending Enforcement Services.

Pursuant to a memorandum of understanding, the City of Torrance “obtain[ed] dedicated personnel and enforcement services from County Public Health’s Environmental Health Division to partner directly with the City of Torrance Task Force to increase the frequency of enforcement of the [California Retail Food Code] and other State and municipal laws regarding unpermitted sidewalk food vending within the City of Torrance.” The term of the Pilot Partnership Project was four (4) months, in which the City of Torrance reimbursed the Department of Public Health its personnel rates, including overtime; mileage between city and county facilities; and associated administrative costs in an amount not to exceed $95,000 per fiscal year. The City of Torrance also agreed to commit its own personnel to inspection and enforcement activities; undertake several administrative responsibilities; and indemnify the county.

STAKEHOLDERS/OUTREACH
The City Council held a special public meeting on August 27, 2024, at 3:00 p.m. to discuss, among other things, existing sidewalk vending regulations and enforcement efforts. The Council received testimony from the Office of the City Attorney, Community 29 of 45

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Development Department, and Police Department, as well as members of the public.

Additionally, feedback regarding the ordinance before the Council for introduction was solicited from the Community Development Department and Police Department.

FISCAL IMPACT
The Community Development Department is primarily responsible for enforcement of Chapter 5.20 through its Neighborhood Services Division in collaboration with the Police Department and Los Angeles County Department of Public Health.

In the short term, staff requests that the City Council appropriate $88,882 to fund up to eight months of off-hours enforcement, per the table below. In the long term, the Community Development Develop may request additional code enforcement staffing in its forthcoming Action Plan.

Requesting Appropriation
Amount From Account String To Account String Funding Source $88,882 GL: 25300-1010-000 GL: 41200-1010-
CDD-2508-P0000
General Fund -
Fund Balance
Additionally, if the Council introduces and ultimately adopts an ordinance adding impoundment provisions to Chapter 5.20, additional costs will be incurred to effectuate the impoundment provisions, namely, enforcement, investigation, storage, and impound costs. Once a study is conducted to determine such costs, and the Council establishes them by resolution, vendors will be required to pay them to retrieve impounded sidewalk vending items, offsetting the City’s costs relating to impoundment.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines sections 15378(b)(2) and (b)(5), as it constitutes continuing administrative or maintenance activity, namely, general policy and procedural making, and an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. Even if it is a “project,” it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; thus, it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Ordinance Amending GMC Chapter 5.20
Alternative No. 1: Provide direction to amend Chapter 5.20 in a manner not reflected in 30 of 45

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the ordinance presented for introduction.

Alternative No. 2: Do not introduce an ordinance amending Chapter 5.20, in which case impoundment will not be a tool available to achieve compliance with the sidewalk vendor license requirement and other time, place, and manner regulations in Chapter 5.20.

Alternative No. 3: The City Council may consider any other alternative not identified by staff.

Increased Enforcement of GMC Chapter 5.20
Alternative No. 1: Provide direction regarding increased enforcement of Chapter 5.20 in a manner not identified by staff.

Alternative No. 2: Do not provide direction regarding increased enforcement of Chapter

5.20, in which case enforcement of Chapter 5.20 will remain as is.

Alternative No. 3: The City Council may consider any other alternative not identified by staff.

Resolution of Appropriation for Off-Hours Enforcement
Alternative No. 1: Adopt a resolution of appropriation in an amount other than the amount identified by staff.

Alternative No. 2: Do not adopt a resolution of appropriation, in which case the Community Development Department will be unable to sustain months-long, off-hours enforcement.

Alternative No. 3: The City Council may consider any other alternative not identified by staff.

ADMINISTRATIVE ACTION
Submitted by:

Michael J. Garcia, City Attorney
Prepared by:

Aaron M. Israel, Senior Assistant City Attorney
Approved by:

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

EXHIBITS/ATTACHMENTS
None.
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ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA, AMENDING SECTION 5.20.010 AND ADDING SECTION 5.20.110 OF THE GLENDALE MUNICIPAL CODE, 1995, RELATING TO THE SIDEWALK

VENDOR LICENSE
WHEREAS, since 2012, the City of Glendale has issued 61 sidewalk vendor licenses, known until 2019 as peddlers’ licenses, to persons who sell food or merchandise from their persons or carts on public rights-of-way; and WHEREAS, in 2018, the California State Legislature passed, and the Governor of California signed into law, the Safe Sidewalk Vending Act (the “Act”), which, effective January 1, 2019, authorizes local authorities to adopt sidewalk vending programs, yet prohibits the issuance of criminal penalties for violations of sidewalk vending ordinances and regulations; and
WHEREAS, in 2019, the Council of the City of Glendale adopted Ordinance No. 5936, originally codified at Chapter 5.35, since recodified at Chapter 5.20, of the Glendale Municipal Code, 1995, which requires sidewalk vendors to obtain a sidewalk vendor license before engaging in sidewalk vending and prescribes time, place, and manner regulations that are directly related to objective health, safety, and welfare concerns; and
WHEREAS, engaging in sidewalk vending without a valid sidewalk vendor license, or violating any of the time, place, and manner regulations prescribed in Chapter 5.20 of the Glendale Municipal Code, 1995, is punishable only by administrative fines; and
WHEREAS, the Council of the City of Glendale held a study session on August 27, 2024, in which it received testimony that, as of July 23, 2024, only five (5) sidewalk vendor licenses issued by the City were active; yet, sidewalk vendors were operating at 41 known locations in the City; and
WHEREAS, the testimony reveals that, at minimum, eighty-eight percent (88%) of sidewalk vending receptacles in the City of Glendale as of July 23, 2024, are being operated by sidewalk vendors that have not first obtained a sidewalk vendor license for those receptacles pursuant to Chapter 5.20 of the Glendale Municipal Code, 1995; and WHEREAS, the Act expressly permits local authorities to require from sidewalk vendor license applicants a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number; and Chapter 5.20 of the Glendale Municipal Code, 1995, imposes such a requirement; and WHEREAS, in order to issue an unlicensed sidewalk vendor an administrative fine pursuant to Chapter 5.20 of the Glendale Municipal Code, 1995, the City of 32 of 45

Glendale must positively identify the sidewalk vendor; yet, the City cannot compel a sidewalk vendor to produce identification absent, at minimum, reasonable suspicion of criminal activity, which a violation of Chapter 5.20 does not constitute; and WHEREAS, whether the City of Glendale can positively identify a sidewalk vendor, either because the vendor is licensed or unlicensed and produces valid identification, after being issued an administrative fine, a sidewalk vendor may continue to engage in unlicensed vending or violate any of the time, place, or manner regulations that Chapter 5.20 imposes, leaving the City without a mechanism by which to mitigate objective health, safety, or welfare concerns to which the sidewalk vendor license requirement and time, place, and manner regulations directly relate; and WHEREAS, the Council of the City of Glendale finds and declares that impounding the instrumentalities of a violation of Chapter 5.20 of the Glendale Municipal Code, 1995, where a sidewalk vendor cannot, fails or refuses to remedy the violation, and fails or refuses to remove such instrumentalities from the sidewalk, or where they pose an imminent threat to public health or safety, is necessary to mitigate objective health, safety, or welfare concerns; and
WHEREAS, the Council of the City of Glendale finds and declares that impounding the instrumentalities of a violation of Chapter 5.20 of the Glendale Municipal Code, 1995, does not criminalize unlawful sidewalk vending, nor does it constitute criminal punishment, within the meaning of the California Penal Code; and WHEREAS, the Council of the City of Glendale finds and declares that impounding the instrumentalities of a violation of Chapter 5.20 constitutes an administrative mechanism by which to address objective health, safety, and welfare concerns posed by continued unlawful vending by sidewalk vendors that cannot, fail or refuse to remedy such violations, and fail or refuse to remove such instrumentalities from the sidewalk.

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 5.20.010 of the Glendale Municipal Code, 1995, is hereby amended to read as follows:

5.20.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
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"Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"City" means the city of Glendale.
"Exclusively residential" means the following zones: all single-family and multi-family zones, as described in Chapter 30.11, Residential Districts, of this code. For purposes of this chapter, any area not within an exclusively residential zone shall be deemed commercial.
"Immediate vicinity" means within 500 feet.
"Park" means a public park owned or operated by the city. "Person" means any natural person, firm, association, organization, partnership, joint venture, business trust, corporation, or company.
"Receptacle" means equipment used by a sidewalk vendor for vending activities, including, but not limited to, a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
"Sidewalk" means a public sidewalk or paved pedestrian path specifically designed for pedestrian travel. A sidewalk shall not include streets, alleys, plazas, or city-owned parking lots or structures.
"Sidewalk vendor" or "vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. A sidewalk vendor may be either a:

1. "Roaming sidewalk vendor," which means a sidewalk vendor who moves from place to place and stops only to complete a transaction; or

2. "Stationary sidewalk vendor," which means a sidewalk vendor who vends from a fixed location.
“Sidewalk vending items” means a sidewalk vendor’s receptable and any other equipment used by a sidewalk vendor to facilitate the sale of food or merchandize, and any food or merchandize offered, exposed or displayed for sale by a sidewalk vendor. "Special event permit" means a permit issued for the temporary use of, or encroachment on, a sidewalk or other public area, including, but not limited to, a special event permit issued pursuant to Chapter 5.88 of this code and a special event permit issued by the city's community services and parks department for events at any city park.
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"Vend" or "vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation. Vend or vending does not include the offering of services.

SECTION 3. Section 5.20.110 of the Glendale Municipal Code, 1995, is hereby added to read as follows:

5.20.110 Impoundment.

A. A vendor’s sidewalk vending items may be impounded under any one or more of the following circumstances:

1. A vendor engaged in sidewalk vending without a sidewalk vendor license in violation of Section 5.20.020, that is asked to produce valid identification to facilitate the issuance of an administrative citation pursuant to Section 5.20.090, subsection B, and remove their sidewalk vending items from the sidewalk until the vendor obtains a sidewalk vendor license, fails or refuses to either produce valid identification or remove their sidewalk vending items.
a. Subsection A.1 does not preclude the issuance of an administrative citation to an unlicensed vendor that produces valid identification, yet whose sidewalk vending items are impounded because the vendor fails or refuses to remove them.

2. A vendor that holds a valid sidewalk vendor license issued pursuant to Section

5.20.020 and otherwise engages in sidewalk vending in violation of this chapter, after being asked to remedy the violation or remove their sidewalk vending items from the sidewalk until the violation can be remedied, fails or refuses to either remedy the violation or remove their sidewalk vending items. a. Subsection A.2 does not preclude the issuance of an administrative citation pursuant to Section 5.20.090, subsection B, to a vendor whose sidewalk vending items are impounded.

3. A vendor’s sidewalk vending items pose an imminent threat to public health or safety.

4. A vendor’s sidewalk vending items are abandoned on any public property.

B. Sidewalk vending items subject to impoundment shall be removed, stored, and retrieved pursuant to the following procedures:

1. A vendor whose sidewalk vending items are impounded pursuant to section A shall be personally served a receipt with retrieval instructions at the time of 35 of 45

impoundment. Alternatively, if the vendor holds a valid sidewalk vendor license, or is unlicensed and produces valid identification, the vendor may be served the receipt by U.S. mail. If the vendor cannot be identified or refuses personal service, the receipt shall be conspicuously posted on the sidewalk from which the sidewalk vending items were removed.

2. Impounded sidewalk vending items shall be stored and may be retrieved for a period of 90 days after impoundment. Any impounded sidewalk vending items not retrieved after 90 days shall be subject to disposal.
a. A vendor may retrieve impounded sidewalk vending items by producing proof of ownership and making payment of a sum equal to the city’s cost to enforce this section, which the city council shall establish by resolution. b. Notwithstanding subsection B.2, any sidewalk vending items that are perishable or cannot be safely stored because, without limitation, they pose a potential health or safety hazard, are subject to immediate disposal.

3. The city manager may promulgate additional regulations consistent with this subsection to facilitate the removal, storage, and retrieval of impounded sidewalk vending items.

C. A vendor whose sidewalk vending items are impounded may administratively appeal the impoundment within 30 days thereof pursuant to the procedures set forth in Sections 1.24.260 through 1.24.280 of this code.

1. A vendor that has received an administrative citation pursuant to Section

5.20.090, subsection B, and whose sidewalk vending items have been impounded, and that has administratively appealed both the citation and impoundment, shall receive concurrent administrative appeal hearings.

2. Notwithstanding subsection B.2, sidewalk vending items shall not be subject to disposal during the pendency of an administrative appeal in which they are at issue.

SECTION 4. Compliance with California Environmental Quality Act. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” within the meaning of CEQA. Pursuant to section 15378, subdivisions (b)(2) and (b)(5), of Division 6 of Title 14 of the California Code of Regulations (the “CEQA Guidelines”), the term “project” does not include continuing administrative or maintenance activities, including general policy or procedure making (except as applied to specific instances not germane to this Ordinance), or to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Even if it is a “project,” the City Council finds and determines with certainty that there is no possibility that the activity in question, namely, adopting an ordinance to regulate sidewalk vending, may 36 of 45

have a significant effect on the environment; thus, it is exempt from CEQA pursuant to CEQA Guidelines section 15061, subdivision (b)(3).

SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.

Passed and adopted by the Council of the City of Glendale on the _____ day of _______________, 2024.
____________________________
Mayor

ATTEST:
_________________________
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

Ayes:

Noes:

Absent:

Abstain:
______________________________
City Clerk
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4 CITY OF GLENDALE, CALIFORNIA

REPORT TO THE GLENDALE CITY COUNCIL

AGENDA ITEM
Report: City of Glendale Year-Round Hotel Program for People Experiencing Homelessness

1.Resolution to dispense with competitive bidding and authorize the City Manager or a designee to secure hotel rooms, as needed, at rates cumulatively not to exceed the Fiscal Year 2024-2025 appropriation for the Glendale Housing Program.

COUNCIL ACTION
Item Type: Action Item
Approved for November 19, 2024 calendar

EXECUTIVE SUMMARY
The City of Glendale Continuum of Care (CoC) is requesting that the City Council adopt a resolution to dispense with competitive bidding and authority the City Manager or a designee to secure hotel rooms, as needed, at rates cumulatively not to exceed the Fiscal Year (FY) 2024-2025 appropriation for the Glendale Housing Program. During the FY 2024-25 budget process, the City Council allocated $300,000 in local funds to expand the existing Hotel Program, aimed at assisting the Homeless Outreach Teams in providing non-congregate shelter to persons experiencing homelessness, along with wrap-around services, to facilitate their transition to permanent housing.

Despite efforts to partner with local hotels through master leasing agreements, no contracts have been secured to date. The average nightly rate ranges from $121 to $175.

The Hotel Program allows clients to stay for up to 30 days, providing adequate time for service connections and housing plan development. This program is vital for outreach teams as they work to achieve “functional zero” status in the City, ensuring that those experiencing homelessness have access to shelter and supportive services. 40 of 45

24 5
6 6
9 RECOMMENDATION
That the City Council dispense with competitive bidding for the Glendale Hotel Program and authorize the City Manager to secure hotel rooms, as needed, at rates cumulatively not to exceed the FY 2024-25 appropriated amount.

ANALYSIS
In response to COVID-19 pandemic, the Glendale CoC implemented the Glendale Hotel Program and Project Roomkey from March 2020 to September 2023, temporarily placing over 139 unhoused individuals and families in hotels. Funded by the Emergency Solutions Grant under the CARES Act, this initiative concluded in 2023. Subsequently, the City Council allocated $80,000 in local Measure S funds to maintain a year-round Hotel Program, providing shelter, especially during inclement weather. This program supplements the year-around 45-bed shelter located at 1851 Tyburn, operated by Ascencia, as well as the 16-bed shelter operated by YWCA of Glendale and Pasadena for victims of domestic violence.

In FY 2023-24, the CoC served a total of 38 persons experiencing homelessness. The Hotel Program plays a vital role in connecting unhoused persons with outreach teams, providing them with a safe space while housing and supportive services plans are developed. The initiative aims to stabilize those experiencing homelessness and help the City work toward “functional zero,” ensuring homelessness is rare, brief, and non- recurring.

The City Council increased Hotel Program funding from $80,000 to $300,000 for FY 2024-

25. As of July 1, 2024, the City has served a total of 21 unhoused persons, 21% of whom have been connected to permanent housing as a result. The Hotel Program has enabled City staff to coordinate effectively with surrounding cities and the county to ensure smooth transitions for participants. Additionally, the program has allowed the Department of Mental Health and the Veterans Administration to locate participants that are now within the City’s jurisdiction to continue the housing search efforts.

Due to challenges in securing long-term hotel leasing agreements, Homeless Services staff is collaborating with outreach teams, including the Glendale Police Department, Home Again LA, and Ascencia, to book clients into hotels. Given that nightly rates range from $121 to $175; that clients can stay for up to 30 days; and that hotel rooms must be secured on an as-needed basis, cumulative rates paid to a single hotel chain may exceed $50,000. Therefore, staff requests that the Council dispense with competitive bidding and authorize the City Manager or a designee to secure hotel rooms on an as-needed basis up to the Housing Program’s FY 2024-25 appropriated amount. Staff will continue to pursue master leasing agreements with local hotels.

STAKEHOLDERS/OUTREACH
Local homeless outreach teams provide hotel vouchers to individuals seeking shelter within the City of Glendale. The program is also promoted at CoC Committee meetings, and information is disseminated to CoC partners.
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34 5
6 6
9 FISCAL IMPACT
Funding for the Glendale Hotel Program was approved as a part of the FY 2024-25 budget. No new appropriation is being requested at this time. The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$300,000 43112-1010-CSP-3109-P5202 General Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered does not constitute a “project” within the meaning of the CEQA pursuant to CEQA Guidelines Section 15378(b)(4) as it creates a government funding mechanism or constitutes other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve resolution to dispense with competitive bidding or authorize the City Manager or a designee to secure hotel rooms on an as-needed basis up to the Housing Program’s FY 2024-25 appropriated amount.

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

ADMINISTRATIVE ACTION
Submitted by:

Onnig Bulanikian, Director of Community Services & Parks Prepared by:

Arsine Isayan, Homeless Programs Manager
Approved by:

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

EXHIBITS/ATTACHMENTS
None
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1 2
9 8
8 RESOLUTION NO. _____________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DISPENSING WITH COMPETITIVE BIDDING; AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO SECURE HOTEL ROOMS, AS NEEDED,

AT RATES CUMULATIVELY NOT TO EXCEED THE APPROPRIATED AMOUNT FOR FISCAL YEAR 2024-2025, FOR THE GLENDALE HOUSING PROGRAM WHEREAS, the City of Glendale's Continuum of Care (CoC) is a coordinated program designed to address homelessness by providing a comprehensive system of services and support; and
WHEREAS, the main goals of the CoC are to help individuals and families experiencing homelessness transition into stable housing, prevent future homelessness, and improve overall quality of life through a continuum of support; and WHEREAS, the CoC strives to engage in partnerships with local agencies, service providers, and community organizations to deliver housing, health services, and other essential resources; and
WHEREAS, the Glendale Hotel Program is aimed at assisting the Homeless Outreach Teams in providing non-congregate shelter to persons experiencing homelessness, along with wrap-around services to facilitate their transition to permanent housing; and
WHEREAS, the City Council, as part of the Fiscal Year (FY) 2024-2025 budget process, appropriated $300,000 in funding for the Glendale Housing Program; and WHEREAS, the CoC has endeavored to implement the Glendale Housing Program through master leasing agreements with local hotels, but has been unable to secure any such agreements to date; and
WHEREAS, in the absence of any master leasing agreements, which would ensure predictable hotel capacity and room rates, the CoC must book hotel rooms on an as-needed basis, often with little if any notice, at one or more hotels with vacancy; and
WHEREAS, a consequence of booking on an as-needed basis with little if any prior notice is that the CoC may unable to secure hotel rooms at the lowest possible nightly rates; and
WHEREAS, nightly rates at hotels where vacancy may be found range from $121 to $175, and clients are eligible to stay for up to 30 consecutive days while their housing plans are developed; and
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1 2
9 8
8 WHEREAS, cumulative rates paid to a single hotel chain during FY 2024-25 may exceed $50,000, depending upon which hotel(s) have vacancy to accommodate clients when needed; and
WHEREAS, an exemption to competitive bidding may be found where the City Council determines that it is in the best interest of the City to dispense with competitive bidding; and
WHEREAS, given the priority to provide individuals and families experiencing homelessness with safe spaces while housing and supportive services are developed, it appears that adequate justification exists and it is in the City’s best interest—upon the recommendation of the Director of Community Services & Parks—to dispense with competitive bidding and authorize the City Manager or a designee to secure hotel rooms, as needed, at rates cumulatively up to the amount appropriated to the Glendale Housing Program for FY 2024-25.

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

1. The foregoing facts are deemed to be true and correct and are a basis for dispensing with competitive bidding and authoring the expenditure of funding to a single source, as may be necessary to implement the Glendale Housing Program.

2. The Council hereby:

A. Dispenses with competitive bidding; and
B. Authorizes the City Manager or a designee to secure hotel rooms, as needed, at rates cumulatively not to exceed the amount appropriated to the Glendale Housing Program for FY 2024-25.

Adopted this _______ day of _____________, 2024.
_____________________
Mayor
ATTEST:
_______________________
City Clerk
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1 2
9 8
8 STATE OF CALIFORNIA )
) SS

COUNTY OF LOS ANGELES )
I, Suzie Abajian, Ph.D., City Clerk of the City of Glendale, certify that the foregoing Resolution was adopted by the Council of the City of Glendale, California, at a regular meeting held on ________ day of _______________, 2024, and that same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
__________________________
City Clerk
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Glendale City CouncilNovember 19, 2024

Glendale City Council
November 19, 2024