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Agenda Report
October 2, 2023
TO: Honorable Mayor and City Council
FROM: Pasadena Rental Housing Board
SUBJECT: APPROVAL OF AMENDMENT TO ATTORNEY SERVICES
AGREEMENT WITH GOLDFARB & LIPMAN, LLP, TO PROVIDE
LEGAL SERVICES TO THE PASADENA RENTAL HOUSING BOARD,
INCREASING THE NOT-TO-EXCEED AMOUNT OF THE CONTRACT
BY $175,000 TO $225,000
RECOMMENDATION:
It is recommended that the City Council:
1. Find that the proposed action is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3) (common sense exemption);
2. Approve an amendment to the Attorney Services Agreement with the law firm of Goldfarb & Lipman, LLP ("Goldfarb") to provide legal services to the Pasadena Rental Housing Board ("PRHB"), to increase the contract amount by $175,000, for a Not-to-Exceed amount of $225,000, as approved by the PRHB at its September 13, 2023 meeting;
3. Authorize the Chair of the PRHB to execute an amendment to the agreement with Goldfarb, and direct services to be performed by Goldfarb, acting on behalf of the Board;
4. To the extent the proposed action is subject to the Competitive Selection process, grant the contract an exemption pursuant to Pasadena Municipal Code ("PMC"), Section 4.08.049(8), contracts for which the City's best interests are sen/ed in that these are specialized services, and there is a need to proceed immediately. Competitive price bidding is not required pursuant to City Charter Section 1002(F), contracts for professional or unique services; and
5. Amend the PRHB's Fiscal Year 2024 Operating Budget by appropriating $175,000 in the Pasadena Rental Housing Board Fund (689) for said services. i
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MEETING OF _10/02/_23_AGENDA ITEM NO. _8
Approval of Amendment to attorney services agreement with Goldfarb & Lipman, LLP, to provide legal services to the Pasadena Rental Housing Board, increasing the not-to-exceed amount of the contract by $175,000 to $225,000
October 2, 2023
BACKGROUND:
The PRHB, at its meeting on June 7, 2023, approved, pursuant to Charter Section 1811(n),1 a contract with Goldfarb to provide general interim legal services related to the implementation of Charter Article XVIII, the Pasadena Fair and Equitable Housing Charter Amendment, in an amount not to exceed $50,000. At its meeting held on September 13, 2023, the PRHB approved an increase to the contract amount by $175,000, for a cumulative amount not to exceed $225,000, for expenses associated with advice and assistance provided to the Board during this start-up phase of the Board. Inasmuch as the original $50,000 authorization was meant to address legal expenses incurred to address urgent start-up issues from June through August of 2023, the PRHB requests approval of this amendment due to the heavy workload required to draft necessary rules, regulations and resolutions for the administration of Charter Article XVIII, while continuing to advise the Board, its committees and consultants over the next several months regarding numerous legal issues involving time-sensitive matters such as setting up a rental registry, establishing a structure to administer hearings on petitions for rent adjustments and the hiring of hearing officers, advising on various contract, labor and employment issues, providing continuing advice on public records and open meetings issues, and advising the Board on potentially integrating into the City's municipal structure, among other matters. To ensure that there is no question regarding compliance with the City Charter and the City's contracting provisions, the PRHB is submitting this action for City Council approval.
FISCAL IMPACT:
On May 8, 2023, the City Council took an action to approve the advancement of funds of $500,000 as an initial amount for start-up costs related to the initiation of the PRHB, pursuant to Charter Section 1811(l)(2). Payments to Goldfarb have been paid from the funds advanced by the City for the Pasadena Rental Housing Board Fund (689). The PRHB is charged with adopting a budget for the reasonable and necessary implementation of the provisions of the Charter Amendment. Once the budget is adopted and the rental housing fee is set, it is expected that the costs of the Goldfarb Attorney Services Agreement will be funded through those rental housing fees. Until then, it is expected that only a portion of the contract will be funded with the funds advanced by the City Council on May 8, 2023. Pursuant to Charter Section 1811(l)(2), the PRHB will make a separate request for an advancement of additional "necessary 1 Section 1811 (n) provides, in pertinent part, the Board, "may, in its sole discretion, and without approval of the City Council, retain attorneys to furnish legal advice or representation in particular matters, actions or proceedings."
Approval of Amendment to attorney services agreement with Goldfarb & Lipman, LLP, to provide legal services to the Pasadena Rental Housing Board, increasing the not-to-exceed amount of the contract by $175,000 to $225,000
October 2, 2023
funds to ensure the effective implementation of [Charter Article XVIII] until the [PRhlB] has collected Rental hlousing Fees sufficient to support the implementation of this Article."
Respectfully submitted)
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Sell, Chair, on behalf of the
Sdena Rental hlousing Board