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 AGENDA
CITY COUNCIL AND
THE SUCCESSOR AGENCY TO THE
PASADENA COMMUNITY DEVELOPMENT COMMISSION
DECEMBER 4, 2017 

Closed Session 5:30 P.M.
Public Meeting 6:30 P.M.
Public Hearing 7:00 P.M.
Council Chamber, Pasadena City Hall
100 North Garfield Avenue, Room S249 

Teleconference Location:
Four Seasons Atlanta
Business Center
75 14th Street NE,
Atlanta, Georgia 30309
 

A.     CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL regarding pending litigation pursuant to Government Code Section
54956.9(d)(1)
Name of Case: Howard Jarvis Taxpayers Assn. v. City of Pasadena
Los Angeles County Superior Court Case No. BC550394   

B.     CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - CONSIDERATION OF INITIATION OF
LITIGATION pursuant to subdivision (d)(4) of Government Code Section 54956.9 - One potential case

C.     CITY COUNCIL CONFERENCE REGARDING PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 and CITY COUNCIL CONFERENCE with Labor Negotiator pursuant to Government Code Section 54957.6
Employee Title and Unrepresented Employee: City Manager
City Representative: Terry Tornek  

D.     CITY COUNCIL CONFERENCE REGARDING PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 and CITY COUNCIL CONFERENCE with Labor Negotiator pursuant to Government Code Section 54957.6
Employee Title and Unrepresented Employee: City Attorney/City Prosecutor
City Representative: Terry Tornek

E.     CITY COUNCIL CONFERENCE REGARDING PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 and CITY COUNCIL CONFERENCE with Labor Negotiator pursuant to Government Code Section 54957.6
Employee Title and Unrepresented Employee: City Clerk
City Representative: Terry Tornek  

F.      CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
Property Location:  3160 East Del Mar Blvd.
Agency Negotiators:   Steve Mermell and Eric Duyshart
Negotiating Party: Lori Morgan
Under Negotiation: Price and terms of payment 

City Manager/Executive Director 

1.      CONTRACT AWARD TO INSITUFORM TECHNOLOGIES, LLC FOR 2017 SEWER RELINING AND POINT REPAIR PROJECT FOR AN AMOUNT NOT-TO-EXCEED $1,330,000
Recommendation:
(1)      Find the project proposed in the agenda report to be categorically exempt under the California Environmental Quality Act (CEQA) State Guidelines in accordance with Title 14, Chapter 3, Article 19, Section 15301, Class 1, minor alterations of existing public facilities involving negligible or no expansion of use beyond that previously existing at the time of the lead agency’s determination and that there are no features that distinguish this project from others in the exempt class, and therefore, there are no unusual circumstances; and
(2)      Accept the bid dated November 3, 2017, submitted by Insituform Technologies, LLC in response to the Plans and Specifications for the 2017 Sewer Relining and Point Repair Project, reject all other bids, and authorize the City Manager to enter into a contract for an amount not-to-exceed $1,330,000. 

325k

2.      CONTRACT AWARD TO CALIFORNIA PROFESSIONAL ENGINEERING, INC., FOR STREET LIGHTING IMPROVEMENTS AT VARIOUS DEVELOPMENT LOCATIONS – PHASE II FOR AN AMOUNT NOT-TO-EXCEED $289,335
Recommendation:
(1)      Find the project proposed in the agenda report to be categorically exempt under the California Environmental Quality Act (CEQA) State Guidelines in accordance with Title 14, Chapter 3, Article 19, Class 3, Section 15303, New Construction or Conversion of Small Structures, and find that there are no features that distinguish this project from others in the exempt class, and therefore, there are no unusual circumstances; and
(2)      Accept the bid dated November 15, 2017, submitted by California Professional Engineering, Inc., in response to the Project Specifications for Street Lighting Improvements at Various Development Locations Phase II, reject all other bids, and authorize the City Manager to enter into a contract for an amount not-to-exceed $289,335. 

260k

3.      AUTHORIZE THE CITY MANAGER TO EXECUTE ALL AGREEMENTS WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY ASSOCIATED WITH THE RECEIPT OF GRANT FUNDING AND THE IMPLEMENTATION OF THE PASADENA TRANSIT, TRANSIT SIGNAL PRIORITY PROJECT
Recommendation:
(1)      Find that the Pasadena Transit, Transit Signal Priority Project is exempt from review pursuant to the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section 15301, Existing Facilities, and identified as an activity listed in 23 CFR 771.117(c)(21); and
(2)      Authorize the City Manager to execute all agreements with the Los Angeles County Metropolitan Transportation Authority (Metro) associated with the receipt of $1,157,647 in reimbursable grant funding for the implementation of the Pasadena Transit, Transit Signal Priority Project (Capital Improvement Program [CIP] Project No. 75094). 

259k

4.      AUTHORIZE THE CITY MANAGER TO EXECUTE ALL AGREEMENTS WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY ASSOCIATED WITH THE RECEIPT OF GRANT FUNDING AND THE IMPLEMENTATION OF THE ADAPTIVE TRAFFIC CONTROL NETWORK PHASE II PROJECT
Recommendation:
(1)    Find that the Adaptive Traffic Control Network Phase II Project is exempt from review pursuant to the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section 15301, Existing Facilities, and identified as an activity listed in 23 CFR 771.117(c)(21); and
(2)    Authorize the City Manager to execute all agreements with the Los Angeles County Metropolitan Transportation Authority (Metro) associated with the receipt of $1,657,413 in reimbursable grant funding for the implementation of the Adaptive Traffic Control Network Phase II Project (Capital Improvement Program [CIP] Project No. 75095). 

253k

5.      AUTHORIZATION TO EXTEND CONTRACT NO. 21,296 WITH COGENT COMMUNICATIONS, INC., FOR DATA CENTER COLOCATION AND NETWORK SERVICES
Recommendation:
(1)      Find that the proposed actions are exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3)(General Rule);
(2)      Authorize the City Manager to extend Contract No. 21,296, without competitive bidding pursuant to City Charter Section 1002(F), contracts for professional or unique services, with Cogent Communications, Inc., for data center colocation and network services in an amount not-to-exceed $1,250,000 over five years beginning March 1, 2018; and
(3)      Grant the proposed contract an exemption from the Competitive Selection process pursuant to Pasadena Municipal Code Section 4.08.049(B) contracts for which the City’s best interests are served. 

236k

6.      MASTER STREET TREE PLAN AMENDMENTS FOR POOR PERFORMING TREE SPECIES
Recommendation:
(1)      Find that the proposal to replace poor performing tree species from the City Master Street Tree Plan (MSTP) as described in the agenda report is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Chapter 3, Article 19, Section 15304(b) – Minor Alterations to Land; and
(2)      Adopt the proposed amendments to the MSTP to replace the following tree species Silver Maple, Acer saccharinum; Tulip, Liriodendron tulipifera; and Purple Leaf Plum, Prunus cerasifera as described in the agenda report.
Recommendation of the Urban Forestry Advisory Committee: On May 10, 2017, the Urban Forestry Advisory Committee (UFAC) supported the staff recommendation to replace Silver Maple tree as described. UFAC also supported the recommendation to replace Tulip tree and Purple Leaf Plum Tree as described on August 9, 2017, and on October 11, 2017, respectively.
Recommendation of the Design Commission:  On November 28, 2017, the Design Commission considered the Department of Public Works’ recommendation to replace Silver Maple tree, Tulip tree, and Purple Leaf Plum tree as described, and amend the MSTP accordingly. The recommended replacement tree species that were presented to the Design Commission, were recommended from the previous UFAC meetings. During the Design Commission meeting, public comment was received regarding the recommended replacement tree species. After deliberation, the Design Commission made a motion to support staff’s recommended replacement tree species as presented, with an amendment to change the recommended species on Arden Road, from Fern Pine to Crape Myrtle; and the recommended species on Miles Street, from Crape Myrtle to Chinese Pistache. The current list of replacement tree species noted on Table 1 was unanimously supported by the Design Commission to replace Silver Maple tree, Tulip tree, and Purple Leaf Plum tree, respectively. 

372k

ATTACHMENT 1 3040k

ATTACHMENT 2 1305k

ATTACHMENT 3 315k

ATTACHMENT 4 254k

7.      PUBLIC SAFETY COMMITTEE: AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF GLENDALE TO SHARE INFRASTRUCTURE AND OPERATIONS OF A COMBINED RADIO SYSTEM
Recommendation:
(1)      Find that the following proposed action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3)(General Rule); and
(2)      Authorize the City Manager to execute a Memorandum of Understanding (MOU) with the City of Glendale to share infrastructure and operations of a combined radio system. Neither competitive bidding nor competitive selection are required pursuant to City Charter Section 1002(H), and Pasadena Municipal Code Selection 4.08.049(A)(3), contracts with other governmental entities. 

340k

City Council 

8.      APPROVAL OF AMENDMENTS TO EMPLOYMENT AGREEMENTS FOR CITY ATTORNEY/CITY PROSECUTOR AND CITY CLERK
         Recommendation:
        (1)      Find that the action proposed in the agenda report is not a “project” as defined in the California Environmental Quality Act (CEQA), Public
        Resources Code Section 21065 and Section 15378(b)(2) of the State CEQA Guidelines and, as such, is not subject to environmental review;
        and
        (2)      Approve amendments to the employment agreements for City Attorney/City Prosecutor Michele B. Bagneris and City Clerk Mark Jomsky
        to provide a Cost of Living Adjustment timed with an increase in employee-paid pension contribution as well as an increase to the salary control
        rates for both classifications. It is further recommended that the Mayor be authorized to sign the third amendments to the employment
        agreements to reflect City Council approved changes.   

        201k

        ATTACHMENT 1 1353k

        ATTACHMENT 2 1326k

City Attorney 

9.      REQUEST PREPARATION OF AN ORDINANCE AMENDING THE PASADENA MUNICIPAL CODE TO CHANGE MAXIMUM FINE AMOUNTS FROM $50.00 TO $1,000.00 TO CONFORM TO THE MAXIMUM FINE AMOUNTS LISTED IN CALIFORNIA GOVERNMENT CODE SECTIONS 36900 AND 36901
Recommendation:
(1)      Find that the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060; and
(2)      Direct the City Attorney to draft an ordinance within 60 days consistent with the provisions set forth in the agenda report.            

191k

City Clerk/Secretary 

10.      APPROVAL OF MINUTES 

11.      RECEIVE AND FILE CLAIMS AGAINST THE CITY OF PASADENA          

12.      PUBLIC HEARINGS SET           

               December 11, 2017, 7:00 p.m. – Designation of 545 Westgate Street as a Landmark                

               December 11, 2017, 7:00 p.m. – Pasadena Municipal Code Amendments Related to Development Impact Fees Applicable to Accessory Dwelling Units 

Economic Development and Technology Committee 

Finance Committee 

Legislative Policy Committee 

Municipal Services Committee 

Public Safety Committee 

13.   CONTINUED PUBLIC HEARING: SUBSTANTIAL AMENDMENT TO THE ANNUAL ACTION PLAN (2017-2018) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM
Recommendation: It is recommended that upon close of the public hearing the City Council take the following actions:
(1)      Find that the recommended action is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines per Section 15061(b)(3), the General Rule that CEQA only applies to projects that may have an effect on the environment; and
(2)      Approve the submission to the U.S. Department of Housing and Urban Development of a Substantial Amendment to the Annual Action Plan (2017-2018) as described in the agenda report to:  a) reduce funding by $40,000 in Community Development Block Grant funds for the Public Health Department; and b) increase funding by $2,782,981 in Home Investment Partnership funds for the Decker Court and Gill Court housing projects. 

275k

City Manager 

City Council 

First Reading:  None 

Second Reading:  None