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PUBLIC COMMENT INSTRUCTIONS

INSTRUCCIONES PARA COMENTARIOS PÚBLICOS

AGENDA
CITY COUNCIL AND
THE SUCCESSOR AGENCY TO THE
PASADENA COMMUNITY DEVELOPMENT COMMISSION
JULY 15, 2024
Closed Session: 4:30 P.M.
Public Meeting: 5:30 P.M.
Public Hearings: 5:30 P.M.
Council Chamber, Pasadena City Hall
100 North Garfield Avenue, Room S249

A.     A.    CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL regarding pending litigation pursuant to Government Code Section 54956.9(d)(1)
        Name of Case: McCullough, A. v. City of Pasadena
        Los Angeles County Superior Court Case No. 21STCV21530

B.     CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL regarding pending litigation pursuant to Government Code Section 54956.9(d)(1)
         Name of Case: In re National Prescription Opiate Litigation
         USDC (N. Dist. Ohio) Case No.: 1:17-md-2894, MDL No. 2804

PUBLIC MEETING – 5:30 P.M.
ROLL CALL, PLEDGE OF ALLEGIANCE, AND CEREMONIAL MATTERS

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Public comment will be limited to a total of 20 minutes at the beginning of the meeting and will continue at the conclusion of the meeting, if necessary. Comments are limited to 3 minutes each, and the Mayor may limit this time if reasonable under the circumstances. The City Council may not discuss or take action on issues not on the meeting agenda, except that members of the City Council or staff may briefly respond to statements made or questions posed by persons exercising public testimony rights (Government Code Section 54954.2).

CONSENT CALENDAR
(The Consent Calendar consists of routine items which will be approved by one motion and one vote unless removed for separate discussion. There will be one opportunity for public comment on all consent items. Comments are limited to 3 minutes each, and the Mayor may limit this time if reasonable under the circumstances.)

1.      AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JAYCOX CONSTRUCTION CNG FOR INSPECTION, MAINTENANCE REPAIR SERVICES FOR CNG FUELING STATION
         FOR AN AMOUNT NOT-TO-EXCEED $1,380,005 FOR UP TO FIVE YEARS (Public Works Dept.)
         Recommendation: It is recommended that the City Council:
         (1)      Find that the action proposed in the agenda report is categorically exempt from environmental review pursuant to Title 14, Chapter 3, Article 19, Section 15301 – Existing Facilities, and there are no features
         that distinguish the project from others in the exempt classes, and therefore, there are no unusual circumstances; and
         (2)      Authorize the City Manager to enter into a three-year contract with Jaycox Construction CNG (Jaycox CNG) in response to the specifications for Inspection, Maintenance, and Repair for CNG Fueling Station,
         for an amount not-to-exceed $828,003, which includes the base contract amount of $720,003 and a contingency of $108,000 to provide for unanticipated or additional as needed parts and service needs, with the
         option of two additional one-year extensions, in the annual amount of $276,001 which includes the base extension contract of $240,001 and a contingency of $36,000 at the discretion of the City Manager, for a
         maximum total contract length of five years and a grand total contract amount of $1,380,005, whichever occurs first.

2.      APPROVE FINAL TRACT MAP NO. 083877 FOR CREATION OF NINE AIR PARCELS FOR RESIDENTIAL CONDOMINIUM PURPOSES AT 569 AND 571 LINCOLN AVENUE (Public Works Dept.)
         Recommendation: It is recommended that the City Council:
         (1)      Find that the project referenced in the agenda report was previous determined Categorically Exempt from the California Environmental Quality Act (Section 15332, Class 32, In-Fill Development Projects),
         and that this is an exempt action independently under Section 15268 of the State CEQA Guidelines as a ministerial action;
         (2)      Adopt a resolution to approve Final Tract Map No. 083877 for the creation of nine air parcels for residential condominium purposes; and
         (3)      Authorize the City Clerk to execute the Certificate on the Tract Map showing the City’s approval of said Map.
         Recommendation of the Hearing Officer: Final Tract Map No. 083877 (Attachment A of the agenda report), for the creation of nine air parcels for residential condominium purposes, was reviewed and approved
         in tentative form by the Subdivision Hearing Officer on October 7, 2022. The exercise of the right granted must be commenced within three years, or by October 7, 2025.

3.      AUTHORIZE THE CITY MANAGER TO AMEND CONTRACT NO. 31704 WITH DATA TICKET INC., TO INCREASE THE CONTRACT NOT-TO-EXCEED AMOUNT BY $650,000 TO $2,886,665
         (Transportation Dept.)
         Recommendation: It is recommended that the City Council:
         (1)      Find that this action proposed in the agenda report is not a “project” subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 21065 and within the meaning of
         Section 15378(b);
         (2)      Authorize the City Manager to amend contract number 31704 with Data Ticket Inc., to increase the contract not-to-exceed amount by $650,000, to $2,886,665; and
         (3)      Grant the proposed contract amendment with Data Ticket Inc., 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.

4.      ADOPT THE SALARY RESOLUTIONS FOR NON-REPRESENTED NON-MANAGEMENT, NON-REPRESENTED MANAGEMENT AND EXECUTIVE MANAGEMENT EMPLOYEES (Human Resources
         Dept.)
         Recommendation: It is recommended that the City Council:
         (1)      Find that the proposed action in the agenda report is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061(b)(3) “Common Sense” exemption;
         (2)      Adopt the Non-Represented Non-Management Salary Resolution;
         (3)      Adopt the Non-Represented Management Salary Resolution; and
         (4)      Adopt the Executive Management Salary Resolution.

ATTACHMENT A - NON-REP NON-MGMT SALARY RESOLUTION

ATTACHMENT B - NON-REP MGMT SALARY RESOLUTION

ATTACHMENT C - EXECUTIVE MGMT SALARY RESOLUTION

RESIGNATION OF DANIEL BAY FROM THE HUMAN RELATIONS COMMISSION (District 7 Nomination)

APPOINTMENT OF INGRID SOTELO ARANA TO THE HUMAN SERVICES COMMISSION (Pasadena City College Nomination)

APPOINTMENT OF EVAN TSANG TO THE FIRE & POLICE RETIREMENT BOARD (At Large Nomination/District 4)

6.      AUTHORIZE THE CITY ATTORNEY TO AMEND CITY CONTRACT NO. 32286 WITH RICHARD ROSENTHAL, Ph.D., FOR INDEPENDENT POLICE AUDITOR SERVICES, TO INCREASE THE NOT-
         TO-EXCEED AMOUNT BY $90,000 AND TO EXTEND THE CONTRACT TERM BY SIX MONTHS
         Recommendation: It is recommended that the City Council:
         (1)      Find that the proposed action in the agenda report 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;
         (2)      Authorize the City Attorney to amend City Contract No. 32286 with Richard Rosenthal, Ph.D., for independent police auditor services, to increase the contract amount by $90,000, and to extend the contract
         term by six months; 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.

8.      ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASADENA CONFIRMING THE AWARD OF ITS ELECTRIC REVENUE/REFUNDING BONDS 2024A SERIES (Finance Dept.)
         Recommendation: It is recommended that the City Council:
         (1)      Find that the proposed action in the agenda report is not a project subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 21065 and within the meaning
         Sections 15060(c) and 15378(b); and
         (2)      Adopt a resolution confirming the award of the City of Pasadena Electric Revenue/Refunding Bonds, 2024A Series.

PUBLIC HEARINGS:
(Comments are limited to 3 minutes each, and the Mayor may limit this time if reasonable under the circumstances. There will be one opportunity for public comment for those speakers who wish to speak on more than one public hearing.)

9.      BLOCK 5 MAINTENANCE ASSESSMENT DISTRICT INCREASE
         Recommendation: It is recommended that the City Council cancel the public hearing, with staff to reschedule and notice the public hearing for a future date and time.

10.    APPROVE CONDITIONAL USE PERMIT NO. 6926 TO ALLOW THE CONSTRUCTION OF A NEW AUTO DEALERSHIP (PASADENA RUSNAK PORSCHE) AND VACATION OF NINA STREET FROM
         SUNNYSLOPE AVENUE TO ITS EAST TERMINUS – 2915 EAST COLORADO BLVD., AND NORTH SUNNYSLOPE AVE. (Planning Dept.)
         Recommendation: It is recommended that the City Council:
         (1)         Adopt the Mitigated Negative Declaration in Attachment C and Mitigation Monitoring and Reporting Program in Attachment D (of the agenda report);
         (2)         Adopt the Findings in Attachment A and approve Conditional Use Permit No. 6926, with conditions of approval in Attachment B (of the agenda report);
         (3)         Adopt a Resolution of Intention to vacate Nina Street from Sunnyslope Avenue to its Eastern terminus;
         (4)         Set a public hearing for Monday, August 26, 2024, at 5:30 p.m. to consider the proposed street vacation prior to the adoption of the Resolution Ordering the Vacation in accordance with the requirements
         and recommendations contained in the agenda report and subject to conditions in the agenda report; and
         (5)         Direct the City Clerk to publish and post a Notice of Hearing in accordance with the requirements of the Streets and Highways Code Sections 8320, et seq.
         Recommendation of the Planning Commission: On May 8, 2024, the Planning Commission held a public hearing to consider Conditional Use Permit No. 6926 to establish an auto dealership (Pasadena
         Rusnak Porsche) and to vacate the eastern terminus of Nina Street. Following deliberation, the Planning Commission recommended that the City Council:
             ·      Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program with a 7-0 vote;
             ·      Approve the street vacation and transfer of ownership to a private owner with a 7-0 vote; and
             ·      Approve the Minor Variance to allow a reduced corner setback along Sunnyslope Avenue with a 6-1 vote.
         The majority of the Planning Commission determined that the project did not comply with the East Colorado Specific Plan (2003). Specifically, that the project was not consistent with the intent of the specific plan in
         that it does not create a pedestrian oriented environment, particularly with the placement of parking in front of the building, and does not provide a defined street edge with a continuous building wall and questioned
         why the trellis structure could not wrap the corner and extend further along Sunnyslope Avenue. The Commission was also concerned that the design of the building was a company prototype that was not unique to
         Pasadena. They recognized that Rusnak was an important business in the community, and they were in a difficult position to adhere to Porsche corporate design standards while being responsive to the code
         requirements and design comments provided on the project. The Commission recommended that the City Council:
             •   Deny the Conditional Use Permit to allow the establishment of a vehicle sales and leasing land use with a 5-2 vote; and
             •   Deny the Conditional Use Permit to allow new construction over 25,000 square feet with a 4-3 vote.

         ATTACHMENT A

         ATTACHMENT B

         ATTACHMENT C

         ATTACHMENT D

         ATTACHMENT E

         ATTACHMENT F

         ATTACHMENT G

         CORRESPONDENCE

        SUPPLEMENTAL MATERIAL RECEIVD AFTER POSTING OF AGENDA

        CORRESPONDENCE

        RESOLUTION

POWER POINT PRESENTATION - PRESENTED AT THE MEETING

POWER POINT PRESENTATION - PRESENTED AT THE MEETING

11.    APPROVE ZONING CODE AMENDMENTS FOR RESTAURANTS TO: 1) ALLOW WALK-UP WINDOWS BY-RIGHT; 2) CREATE AN ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS FOR
         THE ON-SITE SALE OF ALCOHOL; AND 3) ALLOW OUTDOOR DINING ON PRIVATE PROPERTY (Planning Dept.)
         Recommendation: It is recommended that the City Council:
         (1)         Find that the proposed amendments in the agenda report are exempt from environmental review pursuant to the guidelines of the State California Environmental Quality Act, Section 15305 (Class 5 - Minor
         Alterations in Land Use Limitations);
         (2)         Adopt the Findings for the Zoning Code Amendments in Attachment A of the agenda report;
         (3)         Approve the Zoning Code Amendments as outlined in the agenda report;
         (4)         Adopt Outdoor Dining on Private Property Design Guidelines in Attachment B of the agenda report; and
         (5)         Direct the City Attorney to prepare an ordinance for the Zoning Code Amendment within 90 days consistent with the provisions set forth in the agenda report.
         Recommendation of the Economic Development & Technology Committee: On May 21, 2024 the Economic Development & Technology Committee (EDTech) recommend the City Council approve the
         proposed Zoning Code Amendments as recommended by staff and the Planning Commission.
         Recommendation of the Planning Commission: On April 24, 2024, the Planning Commission recommend the City Council approve the proposed Zoning Code Amendments as recommended by staff, with two
         changes:
                 1.    Walk-up Windows - Amend Zoning Code definition of “Restaurants with Walk-up Window” to include the service of beverages, in addition to food; and
                 2.    Outdoor Dining – Parking lot dining within 50 feet of any abutting residential use shall require the approval of a Minor Conditional Use Permit (CUP). This shall not apply to properties within the Central
                        District Specific Plan.
         The Commission also recommended that decision letters for administrative reviews, including decisions by the Director of Planning & Community Development (Director), be posted on the City’s website, for the
         purpose of increased transparency. Staff agrees with this recommendation and will implement it.

12.    APPROVE ZONING CODE AMENDMENTS: 1) PROJECT ENTITLEMENT TIME LIMITS AND EXTENSIONS; AND 2) MISCELLANEOUS UPDATES (Planning Dept.)
         Recommendation: It is recommended that the City Council:
         (1)      Find that the proposed amendments in the agenda report are exempt from environmental review pursuant to the guidelines of the State California Environmental Quality Act, Section 15305 (Class 5 - Minor
         Alterations in Land Use Limitations);
         (2)      Adopt the Findings for the Zoning Code Amendments in Attachment A of the agenda repot;
         (3)      Approve the Zoning Code Amendments as outlined in the agenda report and in Attachment B of the agenda report; and
         (4)      Direct the City Attorney to prepare an ordinance for the Zoning Code Amendment within 90 days consistent with the provisions set forth in the agenda report.
         Recommendation of the Planning Commission: On April 24, 2024. the Planning Commission voted to recommend the City Council approve the proposed Zoning Code Amendments as recommended by staff,
         with recommended changes as listed below:
                1)    Reflective Materials – Require an Administrative Minor Conditional Use Permit (CUP) for materials that are reflective. Use industry standards for staff to identify when a material is considered reflective;
                       and
                2)    Effect of Zoning Code Amendments on Projects in Progress – Projects with legislative or quasi-judicial approval shall be processed under the rules in effect when the project is deemed complete.

         ATTACHMENT A

         ATTACHMENT B

         ATTACHMENT C

         SUPPLEMENTAL MATERIAL RECEIVD AFTER POSTING OF AGENDA

        CORRESPONDENCE

MULTIPLE AGENDA ITEM COMMENT
(There will be one opportunity for public comment for those speakers who wish to speak on more than one item of business on the agenda, excluding public hearings. Comments are limited to 3 minutes each, and the Mayor may limit this time if reasonable under the circumstances.)

13.    DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING CHAPTER 9.36 OF THE PASADENA MUNICIPAL CODE, OTHERWISE KNOWN AS THE “NOISE RESTRICTIONS
         ORDINANCE” AND PROVIDE DIRECTION REGARDING CITY COUNCIL COMMITTEE CONSIDERATION OF FURTHER AMENDMENTS
         Recommendation: It is recommended that the City Council:
         (1)      Find that the action proposed in the agenda report is not a “project” subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 21065 and within the meaning of
         Section 15378(b);
         (2)      Direct the City Attorney to prepare and return within 60 days with an ordinance amending Chapter 9.36 of the Pasadena Municipal Code, the Noise Restrictions Ordinance, as further described in the Agenda
         Report; and
         (3)      Refer to the appropriate City Council standing committee for discussion and consideration regarding the scope of any further amendments to be made to Chapter 9.36 of the Pasadena Municipal Code, the
         Noise Restrictions Ordinance.

14. Adopt “AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 4, CHAPTER 4.08 OF THE PASADENA MUNICIPAL CODE, THE PURCHASING ORDINANCE” (Introduced by Councilmember
Hampton)

15. Adopt “AN ORDINANCE AMENDING TITLE 6, CHAPTER 6.18 OF THE PASADENA MUNICIPAL CODE TO ESTABLISH A HEARING OFFICER FORM OF ADJUDICATION FOR VICIOUS,
POTENTIALLY DANGEROUS, AND PUBLIC NUISANCE DOG HEARINGS” (Introduced by Councilmember Hampton)

ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE (Chair Tyron Hampton, Steve Madison, Jess Rivas, Jason Lyon) Meets the third Tuesday of each month at 5:00 p.m., Pasadena City Hall, 100 N. Garfield Avenue, Room S249 (City Hall Council Chamber, 2^nd floor)

FINANCE COMMITTEE (Chair Mayor Victor M. Gordo, Tyron Hampton, Felicia Williams) Meets the second and fourth Monday of each month at 4:00 p.m., 100 N. Garfield Avenue, Room S249 (City Hall Council Chamber, 2^nd floor)

LEGISLATIVE POLICY COMMITTEE (Chair Vice Mayor Steve Madison, Jason Lyon, Gene Masuda, Jess Rivas) Meets the first Tuesday of each month at 4:30 p.m., Pasadena City Hall, 100 N. Garfield Avenue, Room S249 (Council Chamber, 2^nd Floor)

MUNICIPAL SERVICES COMMITTEE (Chair Felicia Williams, Tyron Hampton, Justin Jones, Jason Lyon) Meets the second and fourth Tuesday of each month at 4:00 p.m., Pasadena City Hall, 100 N. Garfield Avenue, Room S249 (Council Chamber, 2^nd Floor)

PUBLIC SAFETY COMMITTEE (Chair Mayor Victor M. Gordo, Tyron Hampton, Justin Jones, Steve Madison) Meets the third Wednesday of each month at 4:00 p.m., Pasadena City Hall, 100 N. Garfield Avenue, Room S249 (Council Chamber, 2^nd Floor)

June 10, 2024	City Council
June 10, 2024	City Council Special Meeting
June 10, 2024	Successor Agency to the Pasadena Community Development Commission

Claim No.	Claimant	Claim Amount
2025-0003	Teresa S. Peterson	$ 254.52
2025-0004	Xiaohong Lu	35,000.00+