From: Adjemian, Aram
To: Cortes, Karen
Cc: Abajian, Suzie
Subject: FW: 11/19 & 12/3 City Council Meeting Minutes
Date: Friday, December 6, 2024 10:47:22 AM
Attachments: glendaleca_logo.png
CC_12032024_Minutes_4a.pdf
CC_11192024_Minutes_4a.pdf
Hi Karen,
Can you add this to the agenda for 7 C.
Thanks,
Aram
Aram Adjemian | Assistant City Clerk
City Clerk
613 E. Broadway, Room 110, Glendale, CA 91206
P: +1 (818) 550-4387
[email protected] |
GlendaleCA.gov | Follow us!
From: Alex Khatchaturian <[email protected]>
Sent: Friday, December 6, 2024 10:22 AM
To: Abajian, Suzie <[email protected]>
Cc: Adjemian, Aram <[email protected]>; Neukian, Yvette <[email protected]>; Calvert, Bradley <[email protected]>; Asatryan, Elen <[email protected]>; Kassakhian, Ardashes <[email protected]>; Brotman, Daniel <[email protected]>; Golanian, Roubik <[email protected]>; Garcia, Michael <[email protected]>; Gharpetian, Vartan <[email protected]>; Ezzati, Vista <[email protected]>; Najarian, Ara <[email protected]> Subject: 11/19 & 12/3 City Council Meeting Minutes
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Dr. Abajian,
I attached the minutes for the November 19 and December 3 City Council meetings. Please note my comments for Agenda Item 7c (12/3/2024 meeting) and Agenda Item 9a (11/19/2024) were excluded from the record.
My comments were submitted by email prior to the start of each meeting. I have kids, ages 3 and 1, and the meetings conflict with their bedtime schedule. Thus, I cannot make it in person to the meetings, but I make sure to send my comments prior to the start of the meetings. At the very least, I would like my comments to be acknowledged and made a part of the record.
A neighborhood group, the Adams Hill Neighborhood Association, had submitted a letter to the Planning Commission related to the ADU amendments. Not only did City staff mention this letter at the Planning Commission meeting, but the letter was also attached as an exhibit to the packet for the subsequent City Council meeting. On the other hand, my comments to the City Council for the 11/19 hearing were not only not mentioned by staff at the hearing, but they were also excluded from the minutes. Moreover, City staff did not include my letter in the packet for the 12/3 City Council meeting. Why is my input to the discussion less important for the City Council's consideration than those of a neighborhood group?
This is not the first time my comments have been excluded from the record. For example, my comments to both the Planning Commission and the City Council during the discussions over adoption of the City's 6th cycle Housing Element update were also excluded from meeting minutes.
This pattern of selectively censoring public input needs to stop. I urge you to make sure that all public comments are made part of the record and duly acknowledged in the meeting minutes, especially on issues as important as amendments to the city's general plan or a city ordinance.
Thank you,
Alex Khatchaturian
1 M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
NOVEMBER 19, 2024
ROLL CALL – Absent: Kassakhian
1. CLOSED SESSION – 3:06 PM
a. Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: One potential case
b. Public Employment – Attorneys
c. Conference with Real Property Negotiators: City-designated negotiators: Roubik Golanian, John Takhtalian, Onnig Bulanikian, Michael J. Garcia, Gillian van Muyden, Michele Flynn, Bradley Calvert and Mark Berry. Property Location: 440 and 444 W. Cypress St., 1275, 1291-1295, and 1295A Los Angeles St., and 448 Fernando Ct. Negotiating Parties: CPD Los Angeles LLC. Instructions to the negotiator(s) will concern the price and terms of payment for the acquisition of property
d. Conference with Legal Counsel – Existing Litigation: Panosian v. City of Glendale, L.A.S.C. Case No. 23GDCV00932
City Attorney Mike Garcia indicated that action is anticipated on items 1b and 1d. Council recessed to closed session at 3:07 p.m.
2. REGULAR BUSINESS AGENDA – 6:05 PM
Roll Call – All Present
a. Flag Salute: Mayor Elen Asatryan
b. Invocation: Dr. Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the November 19, 2024 Regular Meeting of the Glendale City Council was Posted on November 14, 2024, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, November 26, 2024 There will be no meeting on November 26. The next regular meetings will be on December 3, 2024.
Agenda out of order. Items 3b and 3c read together.
b. Legislative Update by Kyra Ross
c. Proclamation Designating Saturday, November 30th, as “Small Business Saturday”
Soua Vang, Deputy Director of Community Development/Economic Development Gigi Garcia, Montrose Shopping Park Association
Kim Kelly, Montrose Shopping Park Association
Rick Lemmo, Downtown Glendale Association
d. Commendation for Palace Cleaners & Laundry for their 101 Years in Business Armen Movsessian, Owner
4A
2 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 Special City Council and Regular City Council Meetings of November 12, 2024
Moved: Najarian Seconded: Gharpetian
Vote as Follows
5. CITY COUNCIL/STAFF COMMENTS
Councilmember Najarian congratulated his brother-in-law, Dr. Steven Yacoubian, an orthopedic surgeon and a Lt. Commander in the US Navy, for receiving a medal of recognition after partaking in operation “Keen Sword” this October at Camp Foster, a US Marine Base in Okinawa, Japan.
Councilmember Brotman commended the Sustainability Office for a successful repair café and clothing swap event this past weekend. The repair café and clothing swap event is held every three months.
Councilmember Gharpetian attended the Glendale Latino Association Annual Toy Drive Mixer at Porto’s Bakery. He congratulated the Armenian Society of Los Angeles’ 68 th Anniversary. Gharpetian asked staff to provide an update on the digital sign ordinance. He reminded council that he wishes to recognize the month of December as Family Celebration and Appreciation Month and asked staff to organize small events to honor our families.
Gharpetian requested to agendize a discussion regarding the appointment for a seat on the Burbank-Glendale-Pasadena Airport Authority Commission. He congratulated Kathryn Barger and Nathan Hochman for being re-elected/elected and stated that it is important to pay attention to what is happening statewide and nationwide since this will affect us one way or another. Gharpetian expressed his wish of having faith-based invocators for the two council meetings in December.
Mayor Asatryan stated that she had a productive and fruitful meeting with Ascencia and that a report will be presented to council for discussion. She took a trip to South Korea and signed a Memorandum of Understanding with the Incheon Free Economic Zone (IFEZA), to foster mutual economic growth through collaboration in the entertainment industry. Asatryan stated that IFEZA Commissioner Dr. Yoon Won-sok will visit the City of Glendale in January 2025 to look at spaces to bring forth Korean entertainment and K-Pop events and asked staff to collaborate. Mayor Asatryan also requested to agendize for discussion a report on programs to assist small businesses and restaurants facing Steep commercial rent increases.
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
3 6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes; 5-Speaker Limit) Per Mayor Policy, This Item Also Permits Speakers Wishing to Speak Under General Oral Communications, Subject to the Three Minute Time Limit. Discussion is Limited to Matters Not on the Agenda.
Rene Karapedian
Allen Dish
7. ADOPTION OF ORDINANCES
8. ACTION ITEMS
a. Glendale Water and Power, re: Glendale Water and Power (GWP) Power Source Disclosure Report and Power Content Label for Calendar Year 2023 Presenting:
Ileana Cardenas, Power Planning Manager
Staff Comments:
Scott Mellon, Assistant General Manager/Power Management Roubik Golanian, City Manager
1. Motion to Note and File the GWP Power Disclosure Report and Power Content Label for Calendar Year 2023
Moved: Brotman Seconded: Kassakhian
Vote as Follows
b. Glendale Water and Power, re: Plan to Increase Glendale Water and Power (GWP) Customer Solar Adoption and Develop Additional Distributed Energy Resources Presenting:
Eric Cutter, E3
Ruzan Soloyan, Clean Energy Officer
Staff Comments:
Manny Robledo, Interim General Manager of GWP
Scott Mellon, Assistant General Manager/Power Management Roubik Golanian, City Manager
Michael Garcia, City Attorney
Public Comments:
Elise Kalfayan
Monica Campagna/David Eisenberg
Danielle Leon
Fernando Roldan
Jackie Gish
Nicki Dedikozian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
4 1. Motion accepting the findings of the Energy and Environmental Economics, Inc. (E3) study on GWP’s Plan to Increase Solar Adoption and Develop Additional Distributed Energy Resources, as outlined in the Final Report: Plan to Increase Solar Adoption and Develop Additional Distributed Resources
2. Resolution amending Resolution No. 22-125 to revise the target of achieving a minimum total peak dispatchable and peak-load-reducing capacity of 100 MW by December 31, 2027 to a target of achieving 60 MW of solar generating capacity by 2030, and approving the development of programs to enhance energy efficiency and reduce peak demand
3. Motion amending the City’s existing Professional Services Agreement (PSA), Contract No. 8002375, with E3, to increase the amount by $52,330 for additional completed work and to authorize the corresponding encumbrance Motion to note and file the Final Report: Plan to Increase Solar Adoption and Develop Additional Distributed Resources prepared by Energy Environmental Economics, Inc. (E3) as a result of E3’s study on Glendale Water and Power’s plan to increase solar adoption and develop additional distributed energy resources Moved: Brotman Seconded: Najarian
Vote as Follows
Motion to direct GWP staff to return to the City Council with a Report and a revised Resolution relating to a stretch goal for solar adoption, with considerations of energy efficiency and demand response programs with numeric goals for said programs, and rate implications for said goals
Moved: Brotman Seconded: Najarian
Vote as Follows
Mayor Asatryan passed the gavel to Mayor Pro Tem Najarian. c. Management Services, re: Appointment of City of Glendale Member to the Board of Directors for the Metropolitan Water District (MWD) of Southern California
1. Motion appointing Kassakhian to serve on the Board of Directors for the Metropolitan Water District of Southern California
Moved: Asatryan Seconded: Gharpetian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Asatryan
None
None
Gharpetian, Najarian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Najarian, Asatryan
Gharpetian
None
None
5 9. HEARINGS
a. Community Development, re: Ordinances Amending Title 30 of the Glendale Municipal Code, 1995, (Case No. PZC-0010-2024) and the Downtown Specific Plan (Case No. PGPA-003908-2024) Relating Generally to Standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) (Continued from November 12, 2024, Council Meeting)
Hearing opened at 9:43 p.m. and closed at 10:18 p.m.
Presenting:
Vista Ezzati, Principal Planner
Staff Comments:
Yvette Neukian, Principal Asst. City Attorney
Mike Garcia, City Attorney
Public Comment:
Shane Lee
1. Introduction of Ordinance Amending Title 30 Relating Generally to Standards for ADUs and JADUs
Introduced by: Brotman
2. Introduction of Ordinance Amending the Downtown Specific Plan Relating Generally to Standards for ADUs and JADUs
Introduced by: Brotman
Motion to direct staff to prepare and bring back, during adoption of said ordinances, a Resolution with Findings to re-adopt portions of its current ordinance related to ADUs and JADUs (Ordinance No. 5997) setting forth the reasons Ordinance No. 5997 complies with State law, with respect to JADUs and Zoning, Accessory Living Quarters, Unit Mixture, and Stories
Moved: Brotman Seconded: Kassakhian
Vote as Follows
Item 9a3 no action.
3. Resolution Making Findings That Certain Portions of Ordinance No. 5997 Complies with California Government Code Sections 66314, et seq. and 66333, et seq., Despite the Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-adopting Those Portions of Ordinance No. 5997 Without Changes
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
6 b. Public Works, re: Appeal of Transportation and Parking Commission Decision Regarding Installation of All-way Stop Controls at the Adams Street and Scofield Drive Intersection
Hearing opened at 10:28 p.m. and closed at 11:06 p.m.
Staff Comments:
Daniel Hernandez, Director of Public Works
Presenting:
Pastor Casanova, Principal Traffic Engineer
Public Comments:
Stephen Meek
Rafik Babakhanyan
Garry Ackerman
Allen Dish
Alex Fay
Michael Sheehan
Shane Lee
Nick Dies
Brian Spence
1. Motion reversing the decision of the Transportation and Parking Commission, and approving the installation of all-way stop controls; or, in the alternative Moved: Brotman Seconded: Kassakhian
Vote as Follows
2. Motion affirming the decision of the Transportation and Parking Commission, and denying the installation of all-way stop controls; or, in the alternative
3. Motion referring the matter back to the Transportation and Parking Commission, with directions, for further consideration; or, in the alternative
10. REPORTS – INFORMATION
11. WRITTEN COMMUNICATIONS
12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a. Councilmember Brotman’s Request to Discuss updating development standards to address illumination levels on private property (Carried over from October 8, November 5, and November 12, 2024, Council Meeting)
12A rejected.
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
7 b. Councilmember Brotman’s Request to Consider different approaches for drive- through regulations, including updated development standards (Carried over from October 8, November 5, and November 12, 2024, Council Meeting) Moved: Brotman Seconded: Kassakhian
Vote as Follows
Staff Comments:
Bradley Calvert, Director of Community Development
Roubik Golanian, City Manager
Mike Garcia, City Attorney
c. Mayor Asatryan’s Request for a Report on Funding and/or Policies for Further Rent Reductions in the City/Authority’s Affordable Housing Projects for Tenants on SSI (Carried over from November 12, 2024, Council Meeting) Moved: Brotman Seconded: Kassakhian
Vote as Follows
Staff Comment:
Roubik Golanian, City Manager
Public Comments:
Shane Lee
Ramella Eraghi
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.
Council recessed to Closed Session at 12:01 a.m. and reconvened at 12:09 a.m.
14. NEW BUSINESS
a. Motion to enter into a retainer agreement to utilize the legal services of One LLP (John Tehranian) to assist the City Attorney with a matter Moved: Brotman Seconded: Najarian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Asatryan
Gharpetian Najarian
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Najarian, Asatryan
None
None
Gharpetian
8 b. Motion to resolve the lawsuit entitled Nora Panosian v. City of Glendale, Los Angeles Superior Court Case No. 23GDCV00932 in exchange for a full release of all claims in the amount of $65,000
Moved: Najarian Seconded: Brotman
Vote as Follows
15. ADJOURNMENT – 12:10 a.m.
Moved: Brotman Seconded: Kassakhian
Mayor of the City of Glendale
City Clerk of the City of Glendale
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Najarian, Asatryan
None
None
Kassakhian
1 M I N U T E S
GLENDALE CITY COUNCIL
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
DECEMBER 3, 2024
ROLL CALL – All Present
1. CLOSED SESSION – 4:00 p.m.
a. Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:
One potential case
b. Public Employee Performance Evaluation – City Manager and City Attorney City Attorney Mike Garcia indicated that action is not anticipated. Council recessed to closed session at 4:01 p.m.
2. REGULAR BUSINESS AGENDA – 6:02 PM
Roll Call – Absent: Gharpetian (arrived at 6:04 p.m.)
a. Flag Salute: Mayor Elen Asatryan
b. Invocation: Dr. Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the December 3, 2024, Regular Meeting of the Glendale City Council was Posted on November 27, 2024, on the Bulletin Board Outside City Hall.
3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, December 10, 2024 Asst. City Manager John Takhtalian provided the preview.
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 Special City Council of November 19, 2024 Moved: Brotman Seconded: Gharpetian
Vote as Follows
b. Glendale Water and Power, re: Application to State Water Resources Control Board for the Water Recycling Funding Program Grant
1. Resolution 24-187 authorizing the City Manager, or his designee, to submit a Water Recycling Funding Program Grant application for a grant amount of $150,000, and further authorizing the City Manager, or his designee, to execute and submit all required documents related to said grant application
Moved: Brotman Seconded: Gharpetian
Vote as Follows
4A
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
2 c. Public Works, re: Award of Construction Services Contract for On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services
1. Motion awarding a construction services contract to Elecnor Belco Electric, Inc. for five-years for a “not-to-exceed” amount of $3,500,000, and authorizing the City Manager, or a designee, to execute the contract
Moved: Brotman Seconded: Gharpetian
Vote as Follows
2. Resolution 24-188 of appropriation to appropriate funds in the amount of $600,000 for On-Call Fiber Optic Testing, Design, Installation, and Maintenance Services Moved: Brotman Seconded: Gharpetian
Vote as Follows
5. CITY COUNCIL/STAFF COMMENTS
Councilmembers wished everyone a belated Happy Thanksgiving.
Councilmember Gharpetian spoke about the Montrose Christmas Tree lighting event that happened last weekend. He toured fire stations #27 on Brand, #28 on La Crescenta, and #29 on Honolulu and said that these stations need renovation which is coming up soon. He asked staff for an update on his request to recognize the month of December as Family Celebration and Appreciation Month. City Manager Roubik Golanian stated that staff found little information on this but will come back sometime this month to provide a proclamation.
Gharpetian asked staff to provide a report on the water and power rate increases. Golanian stated that the report on the water and electricity rate increases will be discussed by council in January 2025.
Councilmember Brotman suggested that the water and power rate increase discussion should be a Study Session.
Councilmember Kassakhian encouraged everyone to shop local for the holidays. He stated that when people shop in Glendale, some of that money comes back to the city and is used to provide services to the public. He invited the public to attend the Montrose Christmas parade this Saturday at 6pm. Kassakhian stated that one of the highlights of his entire time on council was the ribbon-cutting for the newly renovated children’s section of the Glendale Central Library. He encouraged everyone to go see what he considers the best children’s library section in Los Angeles County.
Mayor Asatryan thanked the Montrose Shopping Park Association (MSPA) for organizing the Montrose Tree Lighting Ceremony and Small Business Saturday. She invited everyone to check MSPA’s Instagram posts for future holiday events. Asatryan invited everyone to attend the Christmas tree lighting ceremony tomorrow at 6pm at Glendale City Hall Perkins Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
3 Plaza. She forwarded to staff ideas for a Christmas Town concept to create family-oriented programming as well as drive economic development. Asatryan announced that the water and power rate increase report and the Public Benefit Program will be discussed during next week’s council meeting. Asatryan attended the first grand opening of a Glendale Dog Resort. She echoed Kassakhian’s sentiments regarding the newly renovated children’s library section at the Glendale Central Library. Asatryan requested staff to spruce up the back area of the children’s library utilizing some of the public arts fund. She asked staff to provide a report and agendize a council discussion regarding the reaffirmation of the City of Glendale as a sanctuary jurisdiction.
City Manager Roubik Golanian invited the public to attend the Electric Car & Bike Guest Drive event at City Hall, this upcoming Saturday.
Mayor Asatryan provided commendations to city staff for saving the life of a pickleball player at the Pacific Community Center.
City Attorney Mike Garcia provided the 2nd verbal notification to council regarding the December 16th deadline for the boards and commissions nominations by the newly instituted panel system. Councilmember Najarian asked staff to agendize a council discussion for extending the nomination period to early next year.
6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes; 5-Speaker Limit) Per Mayor Policy, This Item Also Permits Speakers Wishing to Speak Under General Oral Communications, Subject to the Three Minute Time Limit. Discussion is Limited to Matters Not on the Agenda.
Tony Passarella
Council recessed at 6:35 p.m. and reconvened thereafter.
Gray James
Susan Jekarl
Andranik Zakaryan
Mike Mohill
7. ADOPTION OF ORDINANCES
a. Ordinance 6032 Amending Section 1.04.020 of the Glendale Municipal Code, 1995, Relating to General Provisions, and Amending Section 9.28.020 Relating to Camping (Gharpetian, 11/19/24)
Moved: Gharpetian Seconded: Brotman
Vote as Follows
Public Comments:
Shane Lee
Joseph Kaskanian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
4 b. Ordinance 6033 Amending Section 5.20.010 and Adding Section 5.20.110 of the Glendale Municipal Code, 1995, Relating to Sidewalk Vendor License (Gharpetian, 11/19/24)
Moved: Kassakhian Seconded: Gharpetian
Vote as Follows
c. Ordinances Amending Title 30 of the Glendale Municipal Code, 1995, (Case No.
PZC- 0010-2024) and the Downtown Specific Plan (Case No. PGPA-003908-2024) Relating Generally to Standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) (Brotman, 11/19/24)
Public Comments:
Shane Lee
Mike Mohill
Staff Comments:
Vista Ezzati, Principal Planner
Mike Garcia, City Attorney
Yvette Neukian, Principal Asst. City Attorney
1. Ordinance 6034 Amending Title 30 Relating Generally to Standards for ADUs and JADUs
Moved: Gharpetian Seconded: Najarian
Vote as Follows
2. Ordinance 6035 Amending the Downtown Specific Plan Relating Generally to Standards for ADUs and JADUs
Moved: Najarian Seconded: Gharpetian
Vote as Follows
3. Resolution 24-189 Making Findings That Certain Portions of Ordinance No. 5997 Complies with California Government Code Sections 66314, et seq. and 66333, et seq., Despite the Findings of the California Department of Housing and Community Development, Which Findings Are Required Pursuant to California Government Code Section 66326 Prior to Re-adopting Those Portions of Ordinance No. 5997 Without Changes
Ayes:
Noes:
Absent:
Abstain:
Brotman, Gharpetian, Kassakhian, Najarian, Asatryan
None
None
None
Ayes:
Noes:
Absent:
Abstain:
Gharpetian, Kassakhian, Najarian, Asatryan
None
None
Brotman
Ayes:
Noes:
Absent:
Abstain:
Gharpetian, Kassakhian, Najarian, Asatryan
None
None
Brotman
5 Moved: Gharpetian Seconded: Najarian
Vote as Follows
8. ACTION ITEMS
a. Glendale Water and Power, re: Professional Services Agreement with Arcadis U.S., Inc. for Engineering Services in Developing a Water Master Plan Presenting:
Chisom Obegolu, Assistant General Manager – Water
Public Comment:
Mike Mohill
1. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement (PSA) with Arcadis U.S., Inc, for engineering services in developing a comprehensive Water Master Plan., in the not-to-exceed amount of $1,196,892
Moved: Kassakhian Seconded: Brotman
Vote as Follows
b. Glendale Water and Power, re: Professional Services Agreement with Raftelis Financial Consultants, Inc. to Conduct a Cost-of-Service Analysis (COSA) and Rate Study for the Water Division of City of Glendale Water & Power (GWP) Staff Comment:
Chisom Obegolu, Assistant General Manager – Water
Public Comments:
Allan Durham
Mike Mohill
1. Motion authorizing the City Manager, or his designee, to enter into and execute a Professional Services Agreement with Raftelis Financial Consultants, Inc. to conduct a Cost-of-Service Analysis (COSA) and Rate Study for the Water Division of GWP, in the not-to-exceed amount of $235,006
Moved: Kassakhian Seconded: Najarian
Vote as Follows
Ayes:
Noes:
Absent:
Abstain:
Gharpetian, Kassakhian, Najarian, Asatryan
None
None
Brotman
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Najarian, Asatryan
None
None
Gharpetian
Ayes:
Noes:
Absent:
Abstain:
Brotman, Kassakhian, Najarian, Asatryan
None
None
Gharpetian
6 c. Community Services and Parks, re: Wireless Telecommunications Facility Lease Agreement between the City of Glendale and New Cingular Wireless PCS, LLS with address of 1880 Loma Vista Drive
Presenting:
Onnig Bulanikian, Director of Community Services and Parks
1. Introduction of an Ordinance authorizing the City Manager, or his designee, to enter into and execute a Lease Agreement with New Cingular Wireless PCS, LLS for the installation of a wireless telecommunication facility at City-owned property located with address of 1880 Loma Vista Drive, Glendale, CA 91208 Ordinance Introduced by: Najarian
Item moved to a future date.
d. City Attorney, re: Report on Rules for the Conduct of Council Meetings: Options for Oral Communications and Public Comment on Agenda Items; Matters Related to the Order of Business for Council Agendas; Rules Governing Council Deliberation and Debate; Discussion of Policy for Removing Items from Agenda after Publication; and Rules Governing Decorum and Removing Disruptive Individuals from Council Meetings
1. Motion Providing Direction to Staff
9. HEARINGS
10. REPORTS – INFORMATION
11. WRITTEN COMMUNICATIONS
12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a. Councilmember Gharpetian’s Request to Agendize a Discussion of Appointment to a Commission Seat on the Burbank-Glendale-Pasadena Airport Authority Commission
Staff Comment:
Mike Garcia, City Attorney
Public Comment:
Mike Mohill
b. Mayor Asatryan’s Request for a Report on Programs to Assist Small Businesses and Restaurants Facing Steep Commercial Rent Increases
Staff Comment:
Roubik Golanian, City Manager
Public Comment:
Beth Brooks
7 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.
Randy Stevenson
Allen Dish
14. NEW BUSINESS
15. ADJOURNMENT - 8:53 p.m.
Moved: Najarian Seconded: Brotman
Mayor of the City of Glendale
City Clerk of the City of Glendale
From: Adjemian, Aram
To: Cortes, Karen
Subject: FW: Comments for 11/19/24 City Council Meeting Hearing Item 9a; ADU Ordinance Amendments/Findings Date: Friday, December 6, 2024 10:54:52 AM
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Aram Adjemian | Assistant City Clerk
City Clerk
613 E. Broadway, Room 110, Glendale, CA 91206
P: +1 (818) 550-4387
[email protected] |
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From: Alex Khatchaturian <[email protected]>
Sent: Tuesday, November 19, 2024 5:38 PM
To: Asatryan, Elen <[email protected]>; Najarian, Ara <[email protected]>; Brotman, Daniel <[email protected]>; Kassakhian, Ardashes <[email protected]>; Gharpetian, Vartan <[email protected]> Cc: Abajian, Suzie <[email protected]>; Golanian, Roubik <[email protected]>; Neukian, Yvette <[email protected]>; Garcia, Michael <[email protected]>; Calvert, Bradley <[email protected]>; Ezzati, Vista <[email protected]>; Adjemian, Aram <[email protected]>
Subject: Comments for 11/19/24 City Council Meeting Hearing Item 9a; ADU Ordinance Amendments/Findings
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Dear Mayor Asatryan and Honorable Councilmembers,
I am a lifelong Glendale resident and homeowner. I am writing to express serious concerns about the City's prohibition on new construction ADUs above detached garages, and the findings drafted by the City Attorney for your consideration to justify this restriction, which HCD has already rejected and deemed to be unsatisfactory.
Pursuant to SB 897, in November 2022 the City amended its ADU ordinance to allow two-story ADUs, recognizing the need for flexibility to meet California's housing crisis.
Yet, the City kept its prohibition on new construction ADUs above detached garages without clear justification.
The findings drafted by the City Attorney to justify the ban on new construction ADUs above detached garages rely solely on statutory interpretation without any supporting facts or evidence, as required by state law. Findings are formal conclusions drawn by a public agency, based on evidence and analysis, to justify a particular decision or action. They provide the rationale for the decision and demonstrate that the agency has considered relevant factors and adhered to legal requirements. In the context of ADU regulations, if a local agency seeks to impose restrictions or prohibitions beyond what state law permits, it must provide substantial evidence to support its position and document this through findings.
Arguing an interpretation of a statute does not constitute the act of making findings.
Rather, it is more about presenting a legal argument or opinion on how the statute should be understood or applied. This process may involve analyzing legal texts, precedents and principles, but it does not fulfill the formal requirement of making findings, which is a more structured and evidence-based process mandated by law for certain decisions or actions.
The findings need to demonstrate that allowing new construction ADUs above detached garages poses a specific, evidence-based threat to public health or safety that is not adequately addressed by existing building codes or state regulations. The City cannot justify its ban on new construction ADUs above detached garages solely based on residents' privacy concerns. While privacy is a valid community concern, it is not a sufficient legal basis for restricting ADUs under state ADU law. The law specifically requires that restrictions on ADUs be based on substantial evidence demonstrating that they are necessary to protect public health, safety, or welfare -- not just general community preferences or aesthetic considerations.
The City's legal argument hinges on a narrow interpretation of the statute's language.
The City argues that the statute outlines three scenarios for ADUs, namely:
1. Attached to or located within the primary dwelling (including attached garages).
2. Converted from an accessory structure (e.g., detached garages or storage areas).
3. Detached from the primary dwelling, including detached garages.
The City claims they comply with the statute by allowing the three scenarios listed above. Moreover, the City argues that since the statute does not explicitly mandate allowing new construction ADUs on top of an existing or proposed detached garage, the City's ban on such ADUs is consistent with state ADU law. However, statutes do not need to explicitly enumerate every possible scenario if the general language (e.g., "an accessory structure or detached from the primary dwelling, including detached garages") reasonably covers it. By focusing on what is not explicitly mandated, the City risks ignoring the broader flexibility and housing production goals of the statute.
The purpose of the statute and California ADU laws is to promote flexibility and maximize housing options. Prohibiting new construction ADUs above detached garages conflicts with this intent, as it unnecessarily and arbitrarily restricts housing opportunities. The statute specifically includes accessory structures and detached garages in the scope of allowable ADUs, without limiting configurations (e.g., conversions only).
The statute allows an ADU to be detached from the primary dwelling and located on the same lot, including detached garages. While it does not explicitly say "new construction above a detached garage," it also does not limit detached ADUs to only one level. The flexibility of placement is implied unless explicitly restricted.
California ADU law prohibits local ordinances from placing unreasonable and arbitrary restrictions on ADUs. A blanket prohibition on new construction ADUs above detached garages could be seen as unreasonable and arbitrary, particularly without clear justification (e.g., safety or infrastructure concerns).
HCD has reviewed our local ordinance and engaged with City staff for months over this issue, and after considering the arguments presented in the resolution findings, they have taken the position that the City’s ban on new construction ADUs above detached garages is inconsistent with state law. By adopting the findings drafted by the City Attorney, the City Council will effectively formalize its opposition to the state and invite legal action. Only one other city in all of California has adopted findings in response to an ADU ordinance findings letter. That city is Dana Point in Orange County, and HCD is currently reviewing their findings with action from the state attorney general likely to follow.
I urge you to direct City staff to initiate amendments to the City's ADU ordinance to satisfy all
of HCD's findings of non-compliance. Let's align our local ADU ordinance with state law and support our community members in creating much-needed housing.
Furthermore, I urge you to direct City staff to suspend enforcement of the City's ADU ordinance and process ADU applications under state requirements and standards until the City has adopted a compliant ordinance. As HCD's Notice of Violation indicates, non- compliant local ordinances are effectively preempted by state standards, rendering them unenforceable until compliance is achieved.
Thank you,
Alex Khatchaturian