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 AGENDA
CITY COUNCIL AND
THE SUCCESSOR AGENCY TO THE
PASADENA COMMUNITY DEVELOPMENT COMMISSION
OCTOBER 28, 2019 

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
 

A.     CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency Designated Representatives: Jennifer Curtis and Steve Mermell
Employee Organization: Non-Represented Executive, Non-Represented Management, and Non-Represented Non-Management

B.     CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency Designated Representatives: Jennifer Curtis and Steve Mermell
Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME), Local 858 

C.     CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency Designated Representatives: Jennifer Curtis and Steve Mermell
Employee Organization: International Brotherhood of Electrical Workers (IBEW) 

D.     CONSIDERATION OF INITIATION OF LITIGATION pursuant to Government
         Code Section 54956.9(d)(4) (one potential case) 

 

 

City Manager/Executive Director 

1.      CONTRACT AWARD TO FS CONTRACTORS, INC., FOR CITYWIDE SIDEWALK IMPROVEMENTS – 2020 FOR AN AMOUNT NOT-TO-EXCEED $1,419,000
Recommendation:
(1)      Find that pursuant to the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of, among other things, the repair, maintenance or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and
(2)      Accept the bid dated October 18, 2019, submitted by FS Contractors, Inc., in response to the plans and specifications for Citywide Sidewalk Improvements – 2020; reject all other bids received; and authorize the City Manager to enter into a contract not-to-exceed $1,419,000, which includes the base contract amount of $1,134,000, and a contingency of $285,000 to provide for any necessary change orders. 

775k

2.      AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND EXECUTE A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR GRANT FUNDING THROUGH THE SENATE BILL (SB) 2 PLANNING GRANTS PROGRAM
Recommendation:
(1)      Find that the recommended action is exempt from review pursuant to the California Environmental Quality Act (CEQA), pursuant to the State CEQA Guidelines Section 15061(b)(3), General Rule; and
(2)      Adopt a resolution authorizing the City Manager or his designee to apply for and submit an application to the State of California, Department of Housing and Community Development (HCD) for $310,000 in grant funding through the SB 2 Planning Grants Program, and if the application is approved execute a grant agreement with HCD to receive up to $310,000 in grant funding through the SB 2 Planning Grants Program.  

513k

RESOLUTION 304k

3.      AMENDMENT TO FIBER LEASE AGREEMENT NO. 17,090-1 WITH TIME WARNER TELECOM
Recommendation:
(1)      Find that the following proposed action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15301(c) (Existing Facilities); and
(2)      Authorize the City Manager to amend fiber lease Agreement No. 17,090-1 with Time Warner Telecom of California, LLP to extend the term of the agreement for one year, and to update the lessee name to Level 3 Telecom LLC. 

518k

TPA 272k

4.      ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE: APPROVAL OF SECOND AMENDMENT TO CITY AGREEMENT NO. 31111 WITH HHP-DECKER, LLC AND BUDGET AMENDMENT FOR ADDITIONAL FUNDING IN THE AMOUNT OF $50,000 FOR THE DECKER HOUSE RENOVATION (TOTALING $2,914,273 FOR THE DECKER COURT PROJECT) AT 1661 NORTH FAIR OAKS AVENUE
Recommendation:
(1)      Find that the proposed action to provide additional City funding for rehabilitation of the Decker House at the Decker Court project, located at 1661 North Fair Oaks Avenue, does not have a significant effect on the environment and has been determined to be categorically exempt under the In-Fill Development Projects exemption under Section 15332 of the California Environmental Quality Act;
(2)      Approve a budget amendment appropriating $50,000 from the Inclusionary Housing Trust Fund unappropriated fund balance to the Housing Department’s Fiscal Year (FY) 2020 Operating Budget for the Decker Court Project;
(3)      Approve the key business terms of a Second Amendment to the Restated Development and Loan Agreement (“Loan Agreement”) with HHP-Decker, LLC for the Decker Court Project; and
(4)      Authorize the City Manager to execute, and the City Clerk to attest, any and all documents necessary to effectuate the staff recommendation.
Recommendation of the Northwest Commission:  At its regular meeting of October 8, 2019, the Northwest Commission considered the subject matter and unanimously recommended City Council approval of the staff recommendation. 

612k

TPA 387k

5.      FINANCE COMMITTEE: AUTHORIZE THE APPROPRIATION OF $3,478,000 FROM THE GENERAL FUND TO MAKE THE REQUIRED CITY CONTRIBUTION TO THE FIRE AND POLICE RETIREMENT SYSTEM (FPRS) PER AGREEMENT NO. 20,823
Recommendation:
(1)      Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines, and as such, no environmental document pursuant to CEQA is required for this project; and
(2)      Authorize the appropriation of General Fund fund balance in the amount of $3,478,000 to fund the payment of funds from the City to FPRS per Agreement No. 20,823. 

500k

FPRS FUNDED STATUS PROJECTION 327k

6.      FINANCE COMMITTEE: CONTRACT AWARD TO CYBERTECH CONSTRUCTION COMPANY, INC., FOR RESTROOM REPLACEMENT AT VICTORY PARK FOR AN AMOUNT NOT-TO-EXCEED $1,500,000 AND AMENDMENTS TO THE FISCAL YEAR 2020 CAPITAL IMPROVEMENT PROGRAM BUDGET
Recommendation:
(1)      Find the contract proposed in the agenda report to be categorically exempt under the California Environmental Quality Act (CEQA) Guidelines in accordance with Title 14, Chapter 3, Article 19, Section 15301, Class 1 – Existing Facilities, and Section 15303, Class 3 –New Construction or Conversion of Small Structures, and that there are no features that distinguish this project from others in the exempt class, and therefore, there are no unusual circumstances;
(2)      Amend the Fiscal Year 2020 Capital Improvement Program Budget by appropriating $140,000 in Residential Impact Fees to the Parking Lot Improvements at City Facilities (71909) project; and
(3)      Accept the bid dated August 20, 2019, submitted by Cybertech Construction Company, Inc., in response to the Project Plans and Specifications for the Restroom Replacement at Victory Park Project, reject all other bids received August 20, 2019, and authorize the City Manager to enter into such contract for an amount not-to-exceed $1,500,000, which includes the base contract amount of $1,345,777 and a contingency of $154,223 to provide for any necessary change orders. 

1001k

7.      FINANCE COMMITTEE: RECOGNITION AND APPROPRIATION OF DONATED FUNDS FOR THE PASADENA POLICE DEPARTMENT K-9 PROGRAM
Recommendation:
(1)      Find that acceptance of this grant is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines, and as such, no environmental document pursuant to CEQA is required for the project; and
(2)      Amend the Police Department’s Fiscal Year 2020 Operating Budget by recognizing revenue and appropriating expenditures of $9,500 in donated funds from the Police Foundation as detailed in the Fiscal Impact section of the agenda report. 

524k

8.      FINANCE COMMITTEE: CONTRACT AWARD TO WISS, JANNEY, ELSTNER ASSOCIATES, INC., FOR GARAGE ASSESSMENT SERVICES ON CITY-OWNED GARAGES
Recommendation:
(1)      Find that the project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Article 19, Section 15306 in accordance with Section 21084 of the Public Resources Code;
(2)      Amend the Department of Transportation’s Fiscal Year (FY) 2020 Operating Budget with an appropriation of 275,275 from the unappropriated fund balance of the Off-Street Parking Facilities Fund; and
(3)      Authorize the City Manager to enter into a contract as a result of a competitive selection process as set forth in the Pasadena Municipal Code (PMC) Section 4.08.047 with Wiss, Janney, Elstner Associates, Inc., to assess the physical conditions of nine City-owned garages in an amount not-to-exceed $275,275, which includes a contingency of $36,000. 

636k

ATTACHMENT A 134k

TPA 182k

City Council 

9a.    APPOINTMENT OF ERICA GUTIERREZ TO THE ARTS AND CULTURE COMMISSION (District 5 Nomination) 

City Clerk/Secretary 

9b.    APPROVAL OF MINUTES 

October 7, 2019 Special City Council Meeting October 7, 2019 City Council October 7, 2019 Successor Agency to the Pasadena Community Development Commission October 14, 2019 Special City Council Meeting October 14, 2019 City Council October 14, 2019 Successor Agency to the Pasadena Community Development Commission

10.    RECEIVE AND FILE CLAIMS AGAINST THE CITY OF PASADENA          

Claim No. 13,411	The Law Offices of John Burton, representing Hector Escobedo	Not stated
Claim No. 13,412	Vardan Bezhanyan	$       1,297.99
Claim No. 13,413	21st Century Insurance as subrogee for Mark Hess	2,026.03
Claim No. 13,414	Kelley Marie King	2,665.75

11.    PUBLIC HEARINGS SET                

November 18, 2019, 7:00 p.m. – Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing and Resolution for the California Municipal Financing Authority for the benefit of the Sequoyah School

December 9, 2019, 7:00 p.m. – Substantial Amendment to the Annual Action Plan (2019-2020) for the Community Development Block Grant Program

12.    CONTINUED PUBLIC HEARING: SUBSTANTIAL AMENDMENT TO 2015-2019 (5-YEAR) CONSOLIDATED PLAN
Recommendation: It is recommended that upon close of the public hearing the City Council:
(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), General Rule; and
(2)      Approve the submission to the U.S. Department of Housing and Urban Development (HUD) of Substantial Amendment to the 5-Year (2015-2019) Consolidated Plan. 

943k

CORRESPONDENCE 149k

13.    PUBLIC HEARING: DESIGNATION OF THE HOUSE AND GARAGE AT 873 NORTH HILL AVENUE AS A LANDMARK
Recommendation:
(1)      Find that the designation of a historic resource is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 Class 8 of the State CEQA Guidelines pertaining to Actions by Regulatory Agencies for Protection of the Environment and there are no features that distinguish this project from others in the exempt class and, therefore, there are no unusual circumstances;
(2)      Find that main residence and detached garage at 873 North Hill meet landmark designation Criterion C in Pasadena Municipal Code (P.M.C.) Section 17.62.040(C)(2)(c) because they embody the distinctive characteristics of a locally significant property type, architectural style and period and represent the work of an architect whose work is of significance to the City. The house and garage are significant as an intact example of Colonial Revival architecture by significant architect Sylvanus Marston;
(3)      Adopt a resolution approving a Declaration of Landmark Designation for 873 North Hill Avenue, Pasadena, California;
(4)      Authorize the Mayor to execute the Declaration of Landmark Designation for 873 North Hill Avenue, Pasadena, California; and
(5)      Direct the City Clerk to record the declaration with the Los Angeles County Recorder.
Recommendation of the Historic Preservation Commission:  At its regular meeting of August 20, 2019, the Historic Preservation Commission recommended that the City Council approve the designation of the house and garage at 873 North Hill Avenue as a Landmark under Criterion “C” of PMC Section 17.62.040. 

1963k

RESOLUTION 282k

ATTACHMENTS A & B 3231k

ATTACHMENTS C & D 2879k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE 195k

14.   PUBLIC HEARING: DESIGNATION OF THE HOUSE AT 180 SOUTH SAN RAFAEL AVENUE AS A LANDMARK     
         Recommendation:
        (1)      Find that the designation of a historic resource is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
        Section 15308 Class 8 of the State CEQA Guidelines pertaining to Actions by Regulatory Agencies for Protection of the Environment and there
        are no features that distinguish this project from others in the exempt class and, therefore, there are no unusual circumstances;
        (2)      Find that main residence, attached accessory structure and garage at 180 South San Rafael Avenue meet landmark designation
        Criterion C in Pasadena Municipal Code (P.M.C.) Section 17.62.040(C)(2)(c) because they embody the distinctive characteristics of a locally
        significant property type, architectural style and period. The building and accessory structures are a locally significant, intact examples of a
        single-family residence property type built in the Mid-Century Modern style house designed by locally significant architects Whitney Smith and
        Wayne Williams, and retains integrity;
        (3)      Adopt a resolution approving a Declaration of Landmark Designation for 180 South San Rafael Avenue, Pasadena, California;
        (4)      Authorize the Mayor to execute the Declaration of Landmark Designation for 180 South San Rafael Avenue, Pasadena, California; and
        (5)      Direct the City Clerk to record the declaration with the Los Angeles County Recorder.
        Recommendation of the Historic Preservation Commission:  At its regular meeting of August 20, 2019, the Historic Preservation
        Commission recommended that the City Council approve the designation of the house and accessory structures at 180 South San Rafael
        Avenue as a Landmark under Criterion “C” of PMC Section 17.62.040. 

        1834k

        RESOLUTION 290k

        ATTACHMENTS A & B 8339k

        ATTACHMENTS C & D 1390k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE 195k

 

 

Economic Development and Technology Committee 

15.    APPROVAL OF THE KEY BUSINESS TERMS OF AN AFFORDABLE HOUSING LOAN AGREEMENT WITH CNS LA VILLA LAKE, LLC AND A BUDGET AMENDMENT FOR FUNDING IN AN AMOUNT NOT-TO-EXCEED $580,000 FOR THE REHABILITATION OF THE LA VILLA LAKE PROJECT AT 1070 NORTH LAKE AVENUE
Recommendation:
(1)      Find that the proposed rehabilitation of the La Villa Lake Project at 1070 North Lake Avenue does not have a significant effect on the environment and has been determined to be categorically exempt under Class 1 (Existing Facilities) of the State California Environmental Quality Act (“CEQA”), and, specifically, Section 15301 of the State CEQA Guidelines;
(2)      Approve a budget amendment appropriating $580,000 from the Inclusionary Housing Trust Fund unappropriated fund balance to the Housing Department’s Fiscal Year (FY) 2020 Operating Budget for the La Villa Lake Rehabilitation Project;
(3)      Approve the key business terms of an Affordable Housing Loan Agreement with CNS La Villa Lake, LLC for the rehabilitation of the La Villa Lake project at 1070 North Lake Avenue, as described in the agenda report; and
(4)      Authorize the City Manager to execute, and the City Clerk to attest, any and all documents necessary to effectuate the staff recommendation.
Recommendation of the Northwest Commission: The proposed transaction was brought to the Northwest Commission for consideration at its regular meeting of October 8, 2019. The Commission recommended approval of the staff recommendation with the modification that all 114 units at La Villa Lake be restricted with a mixed of Very Low and Low Income units at 50% and 80% Area Median Income (“AMI”), respectively. Under the staff recommendation, all project units would be restricted at the Low Income level.  

1193k

        TPA 707k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE 1395k

Finance Committee 

Legislative Policy Committee 

Municipal Services Committee 

Public Safety Committee 

City Manager 

City Council 

16.    CONSIDERATION OF A CALL FOR REVIEW OF A PLANNING COMMISSION DECISION TO THE CITY COUNCIL REGARDING CONDITIONAL USE PERMIT NO. 6757 TO ALLOW A RETAIL CANNABIS DISPENSARY USE WITHIN AN EXISTING 5,386 SQUARE FOOT RETAIL BUILDING LOCATED IN THE CENTRAL DISTRICT SPECIFIC PLAN – OLD PASADENA, ALCOHOL DENSITY OVERLAY DISTRICT 1 (CD-1, AD-1) ZONING DISTRICT  (Vice Mayor Hampton and Councilmember Gordo) 

2912k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE 4473k

City Clerk 

17.    ADOPTION OF RESOLUTIONS RELATED TO THE CALLING AND GIVING NOTICE OF THE CITY OF PASADENA MARCH 3, 2020 PRIMARY MUNICIPAL ELECTION FOR THE OFFICE OF MAYOR AND FOR MEMBERS OF THE CITY COUNCIL IN DISTRICTS 1, 2, 4, AND 6, AND THE SUBMISSION TO THE VOTERS OF AN INITIATIVE PETITION BALLOT MEASURE TO ALLOW OPERATION OF CANNABIS BUSINESSES THAT PREVIOUSLY OPERATED ILLEGALLY, IN VIOLATION OF THE PASADENA MUNICIPAL CODE; AND IF NECESSARY, THE CALLING AND GIVING NOTICE OF THE NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION; AND THE CONSOLIDATION OF PASADENA’S PRIMARY AND GENERAL MUNICIPAL ELECTIONS WITH THE STATEWIDE PRIMARY AND GENERAL ELECTIONS; AND OTHER RELATED MATTERS
Recommendation: It is recommended that the City Council take the following actions:
(1)      Find that the proposed actions are exempt from review pursuant to the California Environmental Quality Act (“CEQA”) in accordance with State CEQA Guidelines Section 15061(b)(3)(General Rule);
(2)      Adopt a resolution of the City Council of the City of Pasadena calling and giving notice for the holding of a Primary Municipal Election to be held on March 3, 2020 for the Office of Mayor and for members of the City Council in Districts 1, 2, 4, and 6; the submission of an initiative petition ballot measure to allow operation of cannabis businesses that previously operated illegally, in violation of the Pasadena Municipal Code; and if necessary, the calling and giving notice for the holding of a General Municipal Election on November 3, 2020;
(3)      Adopt a resolution of the City Council of the City of Pasadena requesting the Board of Supervisors of the County of Los Angeles to approve the consolidation of the March 3, 2020 Primary Municipal Election, and if necessary, the November 3, 2020 General Municipal Election with the Statewide Primary and General Elections, and direct the Los Angeles County Registrar-Recorder/County Clerk to administer said elections on behalf of the City;
(4)      Adopt a resolution of the City Council of the City of Pasadena setting forth regulations relating to candidate statements for the March 3, 2020 Primary Municipal Election and if necessary, the November 3, 2020 General Municipal Election;
(5)      Adopt a resolution of the City Council of the City of Pasadena setting priorities for the filing of written arguments pertaining to an initiative petition ballot measure to allow operation of cannabis businesses that previously operated illegally, in violation of the Pasadena Municipal Code; and directing the City Attorney to prepare an impartial analysis; and
(6)      Adopt a resolution of the City Council of the City of Pasadena providing for the filing of rebuttal arguments for an initiative petition ballot measure to allow operation of cannabis businesses that previously operated illegally, in violation of the Pasadena Municipal Code. 

934k

REVISED RESOLUTION - CALLING ELECTIONS FOR MAYOR AND COUNCIL DISTRICTS 3162k

REVISED RESOLUTION - REQUESTING FULL CONSOLIDATED ELECTION SERVICES 3468k

RESOLUTION - RELATED TO CANDIDATE STATEMENTS/COMPLIANCE WITH FEDERAL VOTING RIGHTS ACT 617k

REVISED RESOLUTION - SETTING PRIORITIES FOR PRIMARY ARGUMENTS/DIRECTING AN IMPARTIAL ANALYSIS 376k

RESOLUTION - PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS 279k

First Reading:   

18.    Conduct first reading of “AN ORDINANCE OF THE CITY OF PASADENA AMENDING SECTION 17.42.040 and ADDING SECTION 17.43.050 to Title 17 (Zoning Code) OF The PASADENA MUNICIPAL CODE tO INCREASE THE MINIMUM INCLUSIONARY HOUSING UNIT REQUIREMENT, ELIMINATE INCLUSIONARY TRADE-DOWN CREDITS, AND ESTABLISH AN AFFORDABLE HOUSING CONCESSION MENU” 

302k

ORDINANCE 1119k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE 157k

CORRESPONDENCE 244k

Second Reading:  None 

19.    REVIEW OF CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) ANNUAL VALUATIONS FOR THE YEAR ENDED JUNE 30, 2018, CALPERS INVESTMENT PERFORMANCE AS OF JUNE 30, 2019, AND THE SECTION 115 PENSION TRUST
Recommendation: This report is for information only. No City Council action is required.

1580k

ATTACHMENT A PART 1 6696k

ATTACHMENT A PART 2 6755k

ATTACHMENT B PART 1 13490k

ATTACHMENT B PART 2 6754k