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 AGENDA
CITY COUNCIL AND
THE SUCCESSOR AGENCY TO THE
PASADENA COMMUNITY DEVELOPMENT COMMISSION
DECEMBER 17, 2018 

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

A.     CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL regarding pending litigation pursuant to Government Code Section 54956.9(d)(1)
Name of Case: Shaun Szameit, et al. v. City of Pasadena
LASC Case No.: BC558633

Name of Case: Urgent Care Medical Services Inc., et al. v. City of Pasadena
LASC Case No.: BC606339 

Name of Case: Nu Remedy Health Care, et al. v. City of Pasadena
         LASC Case No.: BC606861 

Name of Case: City of Pasadena, et al. v. Urgent Care Medical Services, Inc.
         LASC Case No.: BC607613 

Name of Case: Urgent Care Medical Services, Inc., et al. v. City of Pasadena
         LASC Case No.: BC610250 

Name of Case: City of Pasadena v. Medical Cannabis Caregivers Institute, et al.
LASC Case No.: BC552019 

ACTION:  DISCUSSED; NO REPORTABLE ACTION AT THIS TIME

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

ACTION:  DISCUSSED; NO REPORTABLE ACTION AT THIS TIME

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

ACTION:  DISCUSSED; NO REPORTABLE ACTION AT THIS TIME

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

ACTION:  DISCUSSED; NO REPORTABLE ACTION AT THIS TIME

 

City Manager/Executive Director 

1.      AUTHORIZATION TO ENTER INTO CONTRACTS WITH EBSCO INDUSTRIES, INC.; MIDWEST TAPE, LLC; PROQUEST; AND CENGAGE LEARNING, INC., TO PROVIDE ELECTRONIC SERVICES AND INFORMATION TO THE PASADENA PUBLIC LIBRARY SYSTEM
Recommendation:
(1)      Find that the 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 enter into contracts, pursuant to the results of a competitive selection process as set forth in Pasadena Municipal Code Section 4.08.047, as follows for electronic resources (“eResources”):
           a.    EBSCO Industries, Inc., for the grand total not-to-exceed $348,841 over 5 years for the provision of eResources as set forth in the body of the
                  agenda report;
           b.    Midwest Tape, LLC for the grand total not-to-exceed $137,500 over 5 years for the provision of eResources as set forth in the body of the
                  agenda report;
           c.    ProQuest LP for the grand total not-to-exceed $153,177 over 5 years for the provision of eResources as set forth in the body of the agenda
                  report; and
           d.    Cengage Learning, Inc., for the grand total not-to-exceed $134,750 over 5 years for the provision of eResources as set forth in the body of the
                  agenda report. 

275k

ATTACHMENTS A & B 539k

TPA 634k

ACTION:  APPROVED STAFF RECOMMENDATION

2.      EXTENSION OF CONTRACT NO. 30464 WITH NTT DATA, INC., FOR IT TEMPORARY STAFFING SERVICES
Recommendation:
(1)      Find that the proposed contract is 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 the performance term period on Contract No. 30464 with NTT Data, Inc., to June 30, 2019; and
(3)      To the extent this could be considered a separate procurement subject to the Competitive Selection Process, it is recommended that the City Council grant the contract an exemption pursuant to Pasadena Municipal Code (PMC) Section 4.08.049(B), contracts for which the City’s best interests are served.        

221k

TPA 150k

ACTION:  APPROVED STAFF RECOMMENDATION

3.      EXTENSION OF CONTRACT NO. 30472 WITH VPLS SOLUTIONS, LLC FOR THE PURCHASE OF NETWORK DATA COMMUNICATIONS EQUIPMENT AND SERVICES
Recommendation:
(1)      Find that the proposed contract is 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 the performance term period on Contract No. 30472 with VPLS Solutions, LLC to May 31, 2019; and
(3)      To the extent this could be considered a separate procurement subject to the Competitive Selection Process, it is recommended that the City Council grant the contract an exemption pursuant to Pasadena Municipal Code (PMC) Section 4.08.049(B), contracts for which the City’s best interests are served.        

447k

TPA 149k

ACTION:  APPROVED STAFF RECOMMENDATION

4.      AUTHORIZATION TO AMEND CONTRACT NO. 30761 WITH HINDERLITER, DE LLAMAS AND ASSOCIATES TO INCLUDE TRANSACTIONS TAX CONSULTING SERVICES AND AUTHORIZATION TO EXECUTE A NEW CONTRACT WITH HINDERLITER, DE LLAMAS AND ASSOCIATES TO PERFORM THIRD PARTY REVIEW AND SCORING OF COMMERCIAL CANNABIS APPLICATIONS
Recommendation:
(1)      Find that the actions proposed are exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3), as they will not have a potentially significant environmental effect and, therefore, fall under the General Rule exemption;
(2)      Authorize the City Manager to amend Contract No. 30761 with Hinderliter, de Llamas and Associates for transactions tax revenue consulting services to increase the not-to-exceed annual fixed cost amount for the two optional, one-year extension terms from $10,200 to $11,400;
(3)      Authorize the City Manager to execute a new, separate contract with Hinderliter, de Llamas and Associates for third party review and scoring of commercial cannabis applications as part of the initial cannabis application submittal process, for the not-to-exceed amount of $250,000; and
(4)      Grant the proposed new contract an exemption from the Competitive Selection Process pursuant to Pasadena Municipal Code (P.M.C.) Section 4.08.049(B), contracts for which the City’s best interests are served. 

707k

TPA 157k

ACTION:  APPROVED STAFF RECOMMENDATION

5.      AUTHORIZATION TO ENTER INTO AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR THE COLLECTION AND REVIEW OF TRANSACTIONS AND USE TAX
Recommendation:
(1)      Find that the action proposed is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), as it will not have a potentially significant environmental effect and, therefore, falls under the General Rule exemption;
(2)      Adopt a resolution authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for the implementation of a local transactions and use tax; and
(3)      Adopt a resolution authorizing the examination of transactions (sales) and use tax records. 

346k

RESOLUTION - AUTHORIZING TO EXECUTE AGREEMENTS WITH CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION 154k

EXHIBIT A 440k

EXHIBIT B 3482k

RESOLUTION - AUTHORIZING THE EXAMINATION OF TRANSACTIONS AND USE TAX RECORDS 221k

ACTION:  APPROVED STAFF RECOMMENDATION

6.      REJECTION OF BIDS FOR RENEWABLE DIESEL FUEL
Recommendation:
(1)     Find that the rejection of bids is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to the CEQA Section 21080(b)(5) and Section 15270 of the State CEQA Guidelines; and
(2)    It is recommended that City Council reject all bids received on October 30, 2018 in response to specifications to provide renewable diesel fuel for the Pasadena Fire Department. 

369k

ACTION:  APPROVED STAFF RECOMMENDATION

7.      ADOPTION OF A RESOLUTION ADOPTING A CITY-WIDE SALARY SCHEDULE
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)      Adopt a resolution adopting a City-wide salary schedule. 

344k

ATTACHMENTS 1 AND 2 23000k

ACTION:  APPROVED STAFF RECOMMENDATION

8.      ADOPTION OF A RESOLUTION ADOPTING A RETROACTIVE SALARY SCHEDULE FOR THE EXECUTIVE MANAGEMENT CLASSIFICATION OF DIRECTOR OF PUBLIC HEALTH FOR THE PERIOD OF SEPTEMBER 4, 2006 – JUNE 24, 2007
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)      Adopt a resolution adopting a retroactive salary schedule for the Non-Represented Executive Management classification of Director of Public Health for the period of September 4, 2006 – June 24, 2007. 

419k

ATTACHMENTS 1 AND 2 186k

ACTION:  APPROVED STAFF RECOMMENDATION

9.      AUTHORIZATION TO ENTER INTO PURCHASE ORDER WITH PARKHOUSE TIRE SERVICE, INC., TO PROVIDE TIRES, TUBES, AND ACCESSORIES FOR AN AMOUNT NOT-TO-EXCEED $350,000
Recommendation:
(1)      Find that this action is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the General Rule that CEQA only applies to projects that may have an effect on the environment;
(2)      Authorize the issuance of a purchase order with Parkhouse Tire Service, Inc., for an amount not-to-exceed $350,000 over a one-year period with the option for three additional one-year terms in the annual amount of $350,000 at the discretion of the City Manager, for a maximum total purchase order amount of $1,400,000. Competitive bidding is not required pursuant to City Charter Section 1002(H), contracts with other governmental entities or their contractors or labor, materials, supplies or services; and
(3)      Grant the proposed purchase order 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.    

558k         

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

TPA 204k

ACTION:  APPROVED STAFF RECOMMENDATION AMENDED BY AUTHORIZING ONLY ONE YEAR APPROVAL

10.   CONTRACT AWARD TO SUNWEST ENGINEERING CONSTRUCTORS, INC., FOR FUEL ISLAND MAINTENANCE AND REPAIR SERVICES FOR AN AMOUNT NOT-TO-EXCEED $214,803         
Recommendation:
(1)      Find that this action is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the General Rule that CEQA only applies to projects that may have a significant effect on the environment; and
(2)      Accept the bid dated November 13, 2018, submitted by SunWest Engineering Constructors, Inc., (SunWest) in response to the specifications to furnish labor and materials for fuel island maintenance and repairs; reject all other bids received; and authorize the City Manager to enter into such contract for an amount not-to-exceed $214,803 for a three-year period, inclusive of Consumer Price Index increases, and two one-year options in an amount not-to-exceed $71,601 annually, subject to the approval of the City Manager, for a maximum contract length of five years and a total contract amount of $358,005. 

492k

ACTION:  APPROVED STAFF RECOMMENDATION

11.   AUTHORIZATION TO EXTEND CONTRACTS FOR PARKING OPERATIONS INCLUDING OLD PASADENA MANAGEMENT DISTRICT, PARKING CONCEPTS, INC., AND MODERN PARKING, INC., FOR ONE ADDITIONAL YEAR
Recommendation:
(1)      Find that the extensions of Contract No. 18,934 with Modern Parking, Inc. (MPI), Contract No. 31188 with Parking Concepts, Inc. (PCI), and 
Contract No.18,938 with the Old Pasadena Management District (OPMD) 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.18,934 with MPI for the management of the Holly Street, Del Mar, Paseo Subterranean, Los Robles, and Marengo garages through no later than January 31, 2020 for an additional contract amount of $2,830,000 as detailed in the Fiscal Impact section of the agenda report;
(3)      Authorize the City Manager to extend Contract No. 31188 with PCI for the management of the Schoolhouse, De Lacey, and Marriott parking garages through no later than January 31, 2020, for an additional contract amount of $1,436,000 as detailed in the Fiscal Impact section of the agenda report;
(4)      Authorize the City Manager to extend Contract No.18,398 with OPMD for assistance with the management of the Schoolhouse, De Lacey, and Marriott parking garages through no later than January 31, 2020, for an additional contract amount as detailed in the Fiscal Impact section of the agenda report; and
(5)      To the extent these transactions could be considered separate procurements subject to competitive selection, grant the proposed contracts with MPI, PCI and OPMD an exemption from the Competitive Selection process set forth in the Competitive Bidding and Purchasing Ordinance pursuant to Pasadena Municipal Code Section 4.08.049(B), contracts for which the City’s best interests are served. 

771k

TPA 540k

ACTION:  APPROVED STAFF RECOMMENDATION

12.    ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE: PROPOSED AMENDMENT TO PASADENA MUNICIPAL CODE CHAPTER 5.72 TO COMPLY WITH RECENT STATE LEGISLATION REGARDING TAXICAB REGULATIONS
Recommendation: 
(1)      Find that the proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15061(b)(3) (General Rule); and
(2)      Direct the City Attorney to prepare and return within 60 days an ordinance amending the Taxicab Ordinance, Chapter 5.72 of the Pasadena Municipal Code, to regulate taxicabs, consistent with the provisions set forth in the agenda report. 

546k

ATTACHMENT A 96k

ACTION:  APPROVED STAFF RECOMMENDATION

13.    MUNICIPAL SERVICES COMMITTEE: AUTHORIZATION TO INCREASE AND EXTEND CONTRACT NO. 30133 WITH WATERSMART SOFTWARE, INC., FOR THE PROVISION OF BEHAVIORAL WATER EFFICIENCY AND CUSTOMER ENGAGEMENT PROGRAM SERVICES
Recommendation:
(1)      Find that the proposed action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) as it does not have the potential for causing a significant environmental effect and, therefore, falls under the “general rule” exemption;
(2)      Authorize the City Manager to extend Contract No. 30133 with WaterSmart Software, Inc., (“WaterSmart”) for one year with a one-year optional extension, and increase the value by $240,000 for a new total not-to-exceed amount of $727,204 in order to continue offering a behavior-based water efficiency and customer engagement program; and
(3)      To the extent this could be considered a separate procurement, grant the proposed contract increase an exemption from the competitive selection process pursuant to Pasadena Municipal Code (P.M.C.) Section 4.08.049(B), contracts for which the City’s best interests are served.
Recommendation of the Municipal Services Committee: The Municipal Services Committee recommended that the City Council approve these recommendations at its December 11, 2018 meeting. The Committee suggested several clarifications that are incorporated into this agenda report. 

1055k

TPA 169k

ACTION:  APPROVED STAFF RECOMMENDATION

14.    MUNICIPAL SERVICES COMMITTEE: PROPOSED AMENDMENTS TO PASADENA MUNICIPAL CODE CHAPTER 12.22 – TELECOMMUNICATION FACILITIES IN PUBLIC RIGHT-OF-WAY
Recommendation:  It is recommended that the City Council direct the City Attorney to prepare an amendment to Chapter 12.22 of the Pasadena Municipal Code (PMC) to streamline permit processing for wireless sites in the public right-of-way (ROW), as well as to address certain state and federal legal requirements.
Recommendation of the Municipal Service Committee: At the Municipal Services Committee meeting of December 11, 2018, staff made several additional recommendations to ensure City meets the new federal “Shot Clock” requirements:
         1.    Reduce Residential Districts Comment Period (PMC 12.22.080) from 30 days to 14 days;
         2.    Reduce Decision Appeal Period (PMC 12.22.100) from 14 days to 7 days; and
         3.    Change “Appeal the decision of the director to” (PMC 12.22.100) from City Council to City Manager, for Tier 3 of the proposed permit
                 processing.
The revisions are shown on the respective tables on pages 5 and 6 of the agenda report. 

1304k

CORRESPONDENCE 3883k

CORRESPONDENCE 716k

POWERPOINT PRESENTATION - PRESENTED AT MEETING

ACTION:  APPROVED STAFF RECOMMENDATION, WITH DIRECTION TO STAFF

City Council 

City Attorney 

15.    REVISION OF DESIGNATED CITY OFFICIALS AND EMPLOYEES REQUIRED TO FILE CONFLICT OF INTEREST STATEMENTS
Recommendation: It is recommended that the City Council adopt a resolution updating those employees and appointed individuals who will be required to file conflict of interest statements as pertaining to positions within various City departments, operating companies and commissions. The 2018 Biennial Notice of Amendments to the City’s Conflict of Interest Code is submitted for information purposes only. 

216k

RESOLUTION 4234k

ACTION:  APPROVED STAFF RECOMMENATION

City Clerk/Secretary 

16.      APPROVAL OF MINUTES 

December 3, 2018	City Council
December 3, 2018	Successor Agency to the Pasadena Community Development Commission

         ACTION:  APPROVED AS SUBMITTED

17.      RECEIVE AND FILE CLAIMS AGAINST THE CITY OF PASADENA          

Claim No. 13,202	Niel Errickson	$       4,000.00
Claim No. 13,203	Timothy Tucker	6,200.00
Claim No. 13,204	Mercury Insurance Company as subrogee of Joshua Gonzalez	16,941.68
Claim No. 13,205	Joseph Dale Boren	5,000.00

          ACTION:  RECEIVED AND FILED

18.    PROPOSED DEVELOPMENT CONCEPT FOR HERITAGE SQUARE SOUTH
Recommendation:
(1)      Find that the proposed action is exempt from the California Environmental Quality Act (“CEQA”) in accordance with State CEQA Guidelines Section 15061(b)(3), the “general rule” that CEQA only applies to projects that may have an effect on the environment; and
(2)      Direct staff to pursue the development of a mixed-use project at the City-owned property known as Heritage Square South, as described in the agenda report. 

1036k

CORRESPONDENCE 25502k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE 30728k

CORRESPONDENCE 15838k

CORRESPONDENCE 499k

CORRESPONDENCE 20594k

CORRESPONDENCE 98k

POWERPOINT PRESENTATION - PRESENTED AT MEETING

ACTION:  APPROVED STAFF RECOMMENDATION - "CONCEPT C" TO BUILD PERMANENT SUPPORTIVE HOUSING FOR SENIORS

Economic Development and Technology Committee 

Finance Committee 

Legislative Policy Committee 

Municipal Services Committee 

Public Safety Committee 

 

City Manager 

19.    APPROVAL OF THE KEY BUSINESS TERMS OF A DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT WITH PASADENA RHF HOUSING, INC., FOR THE REFINANCING, SALE, AND RENOVATION OF THE CONCORD SENIOR HOUSING PROJECT AT 275 EAST CORDOVA STREET
Recommendation:
(1)      Find that the refinancing and renovation of the 150-unit Concord senior housing project at 275 East Cordova Street (the “Project”) does not have the potential to cause a significant effect on the environment and is categorically exempt under Class 1 (Existing Facilities) of the State California Environmental Quality Act (“CEQA”), and, specifically, Section 15301 of the State CEQA Guidelines, there are no features that distinguish this project from others in the exempt class and, therefore, there are no unusual circumstances;
(2)      Approve the key business terms of the Disposition, Development and Loan Agreement (“DDLA”), as described in the agenda report, between the City and Pasadena Retirement Housing Foundation; and
(3)      Authorize the City Manager to execute, and the City Clerk to attest to such execution, the DDLA and any other documents required to effectuate the Project. 

1342k

ATTACHMENTS A THRU C 802k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

TPA 346k

POWERPOINT PRESENTATION - PRESENTED AT MEETING

ACTION:  APPROVED STAFF RECOMMENDATION, WITH STAFF TO RESEARCH THE POSSIBILITY OF TYING THE AFFORDABILITY COMPONENT OF THE PROJECT WITH THE LAND, TO ENSURE AFFORDABLE HOUSING AT THAT LOCATION WOULD CONTINUE IN PERPETUITY AS OPPOSED TO THE PROPOSED 55 YEARS

City Council 

City Clerk 

20.    CONSIDERATION OF A CALL FOR REVIEW OF A HEARING OFFICER DECISION TO THE BOARD OF ZONING APPEALS TO APPROVE MINOR CONDITIONAL USE PERMIT NO. 6692 TO ALLOW FOR THE ALTERATION OF A NONCONFORMING USE AT 1070 NORTH LAKE AVENUE (Councilmember McAustin) 

1711k

POWERPOINT PRESENTATION - PRESENTED AT MEETING

ACTION:  APPROVED CALL FOR REVEIW

First Reading:  None 

Second Reading:   

21.  Adopt “AN ORDINANCE OF THE CITY OF PASADENA AMENDING various sections of and adding a new chapter 12.10 to title 12 of the PASADENA MUNICIPAL CODE RELATED TO REGULATION OF SIDEWALK VENDORS” (Introduced by Councilmember Hampton)

305k

ORDINANCE 2819k

CORRESPONDENCE 211k

CORRESPONDENCE FROM DECEMBER 10, 2018 CITY COUNCIL MEETING 1707k                

ACTION:  ADOPTED