South Pasadena City Council
January 18, 2023

Approved For Use 11/15/16

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of South Pasadena / Raftelis Financial Consultants, Inc.

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of South Pasadena, a California municipal corporation (“City”), and Rafetlis Financial Consultants, Inc. (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: South Pasadena Police Department Organizational Assessment.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1. “Scope of Services”: see Exhibit A

3.2. “Agreement Administrator”: The Agreement Administrator for this project is Domenica K. Megerdichian, Deputy City Manager. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This 11 - 81
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fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Ninetynine Thousand and Five Hundred Dollars ($99,500).

3.5. “Commencement Date”: January 19, 2023.

3.6. “Termination Date”: June 30, 2023 or until determined to be complete by the City of South Pasadena Deputy City Manager.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, 11 - 82
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including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Julia Novak, Project Director shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or 11 - 83
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as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

6. SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed in the Scope of Work, Exhibit A, and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

6.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7. COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes. 11 - 84
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7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Consultant shall defend, indemnify, and hold the City, tis elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not 11 - 85
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represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.

11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.

11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent. 11 - 86
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11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.

Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: Electrification project and stakeholder coordination. • Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
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12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per occurrence, $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 100,000
• Medical Expense (any 1 person) $ 10,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks. 11 - 88
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12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work.

Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of South Pasadena must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at 11 - 89
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least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South Pasadena, Attn: Risk Management, 1414 Mission St., South Pasadena, CA 91030.

Telephone: (626) 403-7230.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

13. MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
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14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Domenica Megerdichian
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7214
Facsimile: (626) 403-7211
If to Consultant
Julia Novak, Executive Vice President
Rafetlis Financial Consultants, Inc.
445 S. Figueroa St. Suite 1925
Los Angeles, CA 90071
Telephone: (213) 262-9300
With courtesy copy to:

Andrew L. Jared
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph

12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
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16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 11 - 92
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17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

18. GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the 11 - 93
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following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action.

18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of South Pasadena
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
Rafetlis Financial Consultants, Inc.

By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
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Professional Services Agreement – Consultant Services

Approved For Use 11/15/16
Attest:

By:__________________________________
Desiree Jimenez, CMC
Chief City Clerk
Date:________________________

Approved as to form:

By:__________________________________
Andrew L. Jared, City Attorney

Date:________________________
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EXHIBIT A

EXHIBIT B
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EXHIBIT B
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City Council
Agenda Report ITEM NO. 12
DATE: January 18, 2023
FROM: Jon Primuth, Mayor
PREPARED BY: Desiree Jimenez, CMC, Chief City Clerk
SUBJECT: Authorization of Appointments and Reappointments to City Boards, Commissions, and Committees
Recommendation
It is recommended by Mayor Primuth that the City Council appoint the following to City Boards, Commissions, and Committees:

1. Margaret Yi to the Community Services Commission to a partial term ending December 31, 2023;

2. Jeremy Ding to the Cultural Heritage Commission to a full term ending December 31, 2025;

3. Sheila Rossi to the Finance Commission to a partial term ending December 31, 2024;

4. Edward Pearson to the Library Board Trustees to a partial term ending December 31, 2024;

5. F. Arnold Swanborn to the Planning Commission to a partial term ending December 31, 2023;

6. Deloris Piazza to the Public Art Commission to a full term ending December 31, 2025;

7. Tricia Demarais to the Public Safety Commission to a partial term ending December 31, 2023;

8. Armando Thomas Munoz to the Public Safety Commission to a full term ending December 31, 2025;
It is recommended by Mayor Primuth that the City Council re-appoint the following to City Boards, Commissions, and Committees for a full term ending December 31, 2025:

1. William Cross to the Cultural Heritage Commission

2. Melissa Hon Tsai to the Design Review Board

3. Annie Chang Long to the Library Board Trustees

4. Kenneth I. Gross to the Library Board Trustees

5. Lawrence Abelson to the Mobility and Transportation Infrastructure Commission

6. Amy Davis Jones to the Natural Resources and Environmental Commission

7. Michael Siegel to the Natural Resources and Environmental Commission

8. Lisa Padilla to the Planning Commission

9. Jeffrey Burke to the Public Art Commission

10. David Maling to the Public Works Commission
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City Board, Commission, and Committee Appointments and Re-Appointments January 3, 2023

Mayor’s Statement for Appointees
I have carefully reviewed all submitted applications and considered the various factors for appointment such as the candidate's relevant expertise, experience and passion; professional and viewpoint diversity for our commissions; demonstrated commitment to the South Pasadena community; the candidate's past record of service; and the recommendations of others and my own personal experience and observations.

Mayor's Statement for Reappointees
I endorse all the candidates I am proposing for reappointment because of their demonstrated commitment to the commission's work and their willingness to continue to serve.

Discussion
The South Pasadena Municipal Code (SPMC) Section 2.23(a) states that, “Unless otherwise specified in this article, all boards and commissions shall consist of five adult members, all board and commission members to be appointed by the mayor of the city with at least three affirmative votes of the city council.” Vacancies other than by expiration of a term shall be filled by the mayor, with approval of the city council, for the unexpired portion of the term SPMC Section 2.26(a). The term of office for commissions is three years for a full term, running from January 1 through December 31 SPMC Section 2.25(a).

The City has continued community outreach to solicit applications to fill these and other advisory body vacancies. Existing unscheduled vacancies and vacancies occurring in 2023 have been posted on the City’s website consistent with the Maddy Act. For residents interested in serving on a City advisory body, the application is available on the City website or in the City Clerk’s Office.

The new appointee and certain reappointee applications have been included in tonight’s Agenda Packet and are also on file at the City of South Pasadena City Clerk’s Office located at 1414 Mission Street, First Floor, South Pasadena, CA 91030.

Fiscal Impact
Cost for onboarding, training, and conducting commission meetings have been accounted for in department budgets.

ATTACHMENTS:

1. New Appointee Applications

2. Certain Reappointee Applications
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ATTACHMENT 1
New Appointee Applications
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ATTACHMENT 2
Certain Reappointee Applications
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William Cross, Cultural Heritage Commission
Application is unable to be located
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Melissa Hon Tsai, Design Review Board
Application is unable to be located
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Annie Chang Long, Library Board of Trustees
Application is unable to be located
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Lawrence Abelson, Mobility and Transportation
Infrastructure Commission
Application is unable to be located
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DATE:

FROM:

PREPARED BY:

SUBJECT:

Recommendation
City Council
Agenda Report
January 18, 2023
Armine Chaparyan, City Manager �
Domenica Megerdichian, Deputy City Manager
Direction on City Attorney Services
ITEM NO. --13
It is recommended that the City Council provide direction to staff regarding City Attorney Services.

Background
The City of South Pasadena has contracted with Colantuono, Highsmith & Whatley, PC (CHW) for City Attorney services since 2014. In 2014, the City Council directed staff to prepare a Request for Proposals (RFP) for City Attorney services. The RFP was issued to 27 firms on March 12, 2014, and a total of 13 firms responded. The City Council reviewed the proposals, and interviewed 6 firms. Subsequently, CHW was selected to serve as the City's legal counsel. At the time, CHW was considered a mid-size firm with over 30 attorneys available to petform the transactional and litigation work the City may require. There have been amendments to the original contract, most recently having changed the City Attorney and Assistant City Attorney designations, which was done on September 1, 2021.

CHW represents many public clients throughout California in municipal law, and has or currently provides a variety of legal services to other San Gabriel Valley cities such as Sierra Madre, Pomona, Glendale, Temple City, Pico Rivera, and San Gabriel; CHW represents over 150 cities statewide. There are about six firms serving most of the San Gabriel Valley's municipalities in providing City Attorney services. South Pasadena's current contract with CHW provides for City Attorney services with a monthly retainer of $10,000, special projects, special services and litigation, and other services (such as review of Public Records Requests, etc.). The 2022-23 Adopted Budget provides for $615,000 in legal services, with $450,000 for the City Attorney contract and $165,000 for Employment Legal and Risk Services.

The contract with CHW states that the firm is to provide all legal services to the City of South Pasadena in kind and nature typically provided by an in-house City Attorney's office, and as provided in the South Pasadena Municipal Code, except in conflicts of interest, where the Firm shall supervise the activities of all other counsel retained by or for the City, including review of outside counsel's work on the City's behalf. The services 13 - 1
City Attorney Services
January 18, 2023

include routine legal assistance, advice and consultation to the City Council and City staff relating to general public law and public works issues, potential tort liability and risk management. Related work includes the preparation and review of legal opinions, ordinances, resolutions, deeds and agreements, and related documents, monitoring pending state and federal legislation and regulations, and new case law, and as appropriate, apprise the City Council and City Manager of improvement developments.

The contract also provides for performance of other or additional legal services as requested by the City Council or City Manager, including administering contracts with other legal counsel. The contract does not provide for administration and representation related to workers’ compensation claims and litigation (except for general legal advice), negotiation and interpretation of labor-related contracts (including discipline, except to provide general legal advice on personnel matters), or services related to the issuance of bonds, certificates of participation, capital improvement financing and assessments, or specialized development proceedings.

The City Attorney is an essential part of the agency, and in South Pasadena, a major contributor to the work flows, strategic planning and legal considerations that can contribute to or impact the service provided to the community. South Pasadena holds a contract with a firm for services, but municipalities can provide in-house city attorney services as well, and larger municipalities may have more robust in-house legal services, including staff for paralegal, city attorney, prosecution, and employment/risk divisions. As provided by the current contract with CHW, the City Attorney generally oversees and manages the legal affairs of the City, ensures policies, programs and activities of the City and its employees and agents are carried out in compliance with applicable laws, and that the best interest of the City is protected.

The City Council and the community have called for the issue of City Attorney services to be brought before Council for a discussion and direction in the last year. In consideration of the volume of work as well as specific cases and timelines, the City Manager worked with City Council to determine an appropriate timeline in bringing this item for discussion in early 2023. At this time, the City Manager requests City Council’s discussion and direction on this matter.

Analysis
Chapter 7 of the State of California Government Code (sections 41801 et al.) provide for the City Attorney. Pursuant to the South Pasadena Municipal Code (2.18-6 (c)), the City Manager has the power of appointment and removal all officers and employees of the City, except the City Treasurer or City Attorney, subject to all applicable personnel ordinances, rules and regulations. The City Council selects the City Attorney, and following the Finance Purchasing Policy, Professional Services contracts are exempt from bidding, and General Services contracts greater than $30,000 require a formal contract authorized by the City Council, and provide for a sealed bidding solicitation method. 13 - 2
City Attorney Services
January 18, 2023

Should the City Council direct staff to pursue solicitation of a new firm to provide City Attorney Services, staff recommends a formal RFP process. The City Manager will recommend forming a City Council sub-committee to review the RFP, review the responses, and to select qualified firms to interview.

A tentative timeline as follows, providing for regular business and scheduling, schedules permitting and without reservation for unexpected impacts (total time estimated at 6 mo.):

Drafting of the RFP 2 weeks
Council sub-committee review 1 month
Release RFP 30-60 days
Solicit responses, review and evaluate 1 month
Select qualified and responsive firms to invite for interview 2 weeks Interviews
- Full City Council interview, OR
- Council sub-committee interview to narrow down to
a handful of top firms
2 weeks
Finalists Interviews for Selection by City Council 2 weeks The average annual cost for City Attorney services in the San Gabriel Valley ranges between $150,000- $650,000 for City Attorney Services, and the City of South Pasadena currently budgets for $450,000 with CHW. If the City Council directs staff to solicit new firms, there is a possibility that costs will increase, given the work that is before the City, existing and unanticipated litigation costs, as well as a higher-than-typical Public Records Act (PRA) request quota, with many PRA requests requiring legal review before release.

Recommendations for Consideration and Direction to Staff

1. Maintain status quo;

2. Release a Request for Proposal now; or

3. Release a Request for Proposal in six (6) months.

Fiscal Impact
San Gabriel Valley cities appropriate anywhere from $150,000- $650,000 for their City Attorney services fees. Some cities pay a monthly retainer for basic legal services, whereas other cities are billed by the hour for all services rendered. City Attorney services and costing are not perfectly comparable, as costs vary depending on scope and amount of work performed.

The 2022-23 Adopted Budget provides for $450,000 for City Attorney services, and as of January 18, 2023, the City’s main legal service line item 101-2010-2501-8160-000 has utilized $423,155.93, or 94.7%, of the budgeted amount.

Attachment: September 1, 2021 City Council Meeting Item 15- Third Amendment to the Agreement for Legal Services with Colantuono, Highsmith & Whatley, PC 13 - 3

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ATTACHMENT
September 1, 2021 City Council Meeting Item 15-
Third Amendment to the Agreement for Legal Services with Colantuono, Highsmith & Whatley, PC
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City Council
Agenda Report
DATE: January 18, 2023
FROM: Armine Chaparyan, City Manager f:r(,;
ITEM NO. 14-I
PREPARED BY: Hsiulee Tran, Deputy Finance Director/Controller Albert Trinh, Finance Manager
SUBJECT: Adoption of Resolutions Authorizing Signatories on City Banking Accounts and Related Banking Documents, and
Authorizing Investment of Monies in the Local Agency
Investment Fund
Recommendation
It is recommended that the City Council adopt:

1. A resolution superseding Resolution No. 7747, Authorizing Signatures on City Bank Accounts; and

2. A resolution amending Resolution No. 7753, Authorizing Investment of Monies in the Local Agency Investment Fund.

Background
The City Council previously updated the resolution for signature on City bank accounts and Local Agency Investment Fund (LAIF) account on January 19, 2022, Resolution No. 77 47 and 7753. The new resolutions will update the signatory authorities to reflect the current Mayor, City Treasurer, and City Staff. The bank requires action from the City Council documenting approval of these changes.

Discussion/Analysis
By adopting the attached resolutions, that update all prior resolutions, Mayor Jon Primuth and City Treasurer Zhen Tao will have signatory authority on the City of South Pasadena's (City) bank accounts and related banking documentation. The resolution will also reflect updated City staff within the Finance Department to have banking authority to maintain daily financial operations.

Fiscal Impact
The adoption of the updated resolutions will update the authority to ensure accurate personnel have authorization. There is no fiscal impact to the adoption of these resolutions.

Public Notification of Agenda Item
The public was made aware that this item by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City's website. 14 - 1
Resolution Authorizing Signatories
January 18, 2023

Attachments:

1. Resolution Superseding Resolution No.7747, Authorizing Signatures on City Bank Accounts

2. Resolution Amending Resolution No.7753, Authorizing Investments of Monies in the Local Agency Investment Fund
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ATTACHMENT 1
Resolution Superseding Resolution No.7747,
Authorizing Signatures on City Bank Accounts
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RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOUTH PASADENA, CALIFORNIA, SUPERSEDING
RESOLUTION NO. 7747, AUTHORIZING SIGNATURES ON

CITY BANK ACCOUNTS
WHEREAS, the City Council or its designee has the authority to manage the City of South Pasadena’s (City) bank accounts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH

PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. To authorize Jon Primuth, Mayor, effective January 18, 2023, as a signatory on all City of South Pasadena bank accounts and related documentation.

SECTION 2. The use of the facsimile signature of Jon Primuth is hereby authorized and said bank is hereby authorized to honor and pay any and all checks and drafts so signed provided said checks and drafts are countersigned by one other signatory.

SECTION 3. To authorize Zhen Tao, City Treasurer, effective January 18, 2023, as a signatory on all City bank accounts and related documentation.

SECTION 4. The use of the facsimile signature of Zhen Tao, City Treasurer, is hereby authorized and said bank is hereby authorized to honor and pay any and all checks and drafts so signed provided said checks and drafts are countersigned by one other signatory.

SECTION 5. To authorize Deputy Finance Director/Controller Hsiulee Tran and Finance Manager Albert Trinh as signatories on all City of South Pasadena bank accounts and related documentation.

SECTION 6. This resolution shall become effective immediately upon its adoption.

SECTION 7. The City Clerk of the City of South Pasadena shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City. 14 - 5
RESOLUTION NO. XXXX
PAGE 2
PASSED, APPROVED AND ADOPTED ON this 18th day of January, 2023.

Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:

Desiree Jimenez, CMC Andrew L. Jared, City Attorney
Chief City Clerk
I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of South Pasadena, California, at a regular meeting held on the 18th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Desiree Jimenez, CMC
Chief City Clerk
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RESOLUTION NO. XXXX
PAGE 2

PASSED, APPROVED AND ADOPTED ON this 18th day of January, 2023.

Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:

Desiree Jimenez, CMC Andrew L. Jared, City Attorney
Chief City Clerk
I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of South Pasadena, California, at a regular meeting held on the 18th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Desiree Jimenez, CMC
Chief City Clerk
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ATTACHMENT 2
Resolution Amending Resolution No.7753,
Authorizing Investment of Monies in the
Local Agency Investment Fund
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RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOUTH PASADENA, CALIFORNIA, AMENDING RESOLUTION
NO. 7753, AUTHORIZING INVESTMENT OF MONIES IN THE

LOCAL AGENCY INVESTMENT FUND
WHEREAS, Pursuant to California Government Code, Chapter 730 of the statutes of 1976 Section 16429.1 was added to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City of South Pasadena does hereby find that the deposit and withdrawal of money of the Local Agency Investment Fund in accordance with the provisions of Government Code Section 16429.1 for the purpose of investment as stated therein as in the best interests of the City of South Pasadena.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH

PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. the City Council does hereby authorize the deposit and withdrawal of the City of South Pasadena monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Government Code Section 16429.1 for the purpose of investment as stated therein, and verification by the State Treasurer’s Office of all banking information provided in that regard.

SECTION 2. the following City of South Pasadena Officers shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:

City Treasurer Zhen Tao
Deputy Finance Director/Controller Hsiulee Tran
SECTION 3. The City Clerk of the City of South Pasadena shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City. 14 - 10
City Council
Agenda Report
DATE: January 18, 2023
FROM: Armine Chaparyan, City Manager f\(;
ITEM NO. 15
PREPARED BY: Angelica Frausto-Lupo, Community Development Director Alison Becker, Community Development Deputy Director
SUBJECT: Introduction and First Reading of an Ordinance to Amend the South Pasadena Municipal Code Chapter 36 (Zoning) Pertaining to Emergency Shelters, Transitional Housing and Low Barrier Navigation Centers, Mixed-Use Development Permit
Processing, Multi-Family Regulations including Floor Area Ratios, Lot Coverage and Single-Family Uses, and Parking Requirements Near Defined Transit Stops for Compliance with Associated State Laws and Draft Housing Element Programs; Approval of Exemptions from Further Review Under the
California Environmental Quality Act (Guidelines§§ 15061(b)(3) and 15378)
Recommendation
It is recommended that the City Council introduce for first reading the following zoning text amendments (ZTA):

1. Approve exemptions to further review under the California Environmental Quality Act (CEQA) pursuant to exceptions in sections 15061 (b)(3) and 15378 of Chapter 3 of Title 14 of the California Code of Regulations (the CEQA Guidelines);

2. Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning District Land Uses and Permit Requirements), Table 2-2, to prohibit new single-family uses in Residential Medium Density (RM) and Residential High Density (RH) zoning districts;

3. Amend SPMC Section 36.220.040 (Residential Zoning District General Development Standards) Table 2-3 to comply with the minimum density and feasible lot coverage for projects of certain sizes as required by State Senate Bill (SB) 478;

4. Amend SPMC Section 36.230.030 (Commercial Zoning District Land Uses and Permit Requirements), to permit transitional housing in all zoning districts that permit residential uses and remove the requirement for a conditional use permit (CUP) from mixed-use development and allow as a permitted use;

5. Amend SPMC Section 36.350.250 (Emergency Shelters), to revise standards for emergency shelters in compliance with State law;
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ZTA First Reading & Introduction of Ordinance re: Housing Program Implementation January 18, 2023

2 6. Amend SPMC Section 36.310.040 to add provisions for consistency with Assembly Bill (AB) 2097 (removal of minimum parking requirements near transit); and

7. Amend SPMC Division 36.700 (Definitions/Glossary), to add a definition of Low Barrier Navigation Center.

Background
South Pasadena’s 6th Cycle Housing Element, currently in its fourth draft for review by the State of California Department of Housing and Community Development (HCD), includes a housing plan with policies and programs that will become the City’s roadmap to plan for and encourage more housing units to accommodate all economic and social strata of the community. This housing element contains significantly more programs, each with specific goals and timelines, than the 5th Cycle Housing Element. The housing programs require implementation through policy creation, funding, expedited permit processing, staff-led education and informational initiatives, and other means.

In recognition of the challenges ahead, the City Council’s 5-year Strategic Plan calls for more staff and financial resources to implement the housing element and process project applications more quickly, and the Community Development Department (Department) has added and hired six staff positions and has enlisted the help of several temporary planners to complete the policy documents and housing initiatives that the Department embarked on three years ago. The State of California monitors Housing Elements for compliance through the Annual Progress Report (APR). The first APR for the 6th Cycle Housing Element will be due on April 1, 2023.

The City has now released four drafts of the 6th Cycle Housing Element. With each review HCD has reduced its comments, and at this time, the City believes that the Housing Plan (Section 6.8) programs are finalized. Accordingly, the City can already anticipate and commence implementation of draft programs based on their stated timelines, including some that are implemented by amending the Zoning Code in a short time frame. The amendments that are recommended herein are intended to be followed by additional proposed zoning code updates in the coming year.

On November 9, 2022, the South Pasadena City Council adopted a Resolution of Intention (ROI, Attachment 3) to amend the Zoning Code as recommended in this staff report. Following the adoption of the ROI, staff prepared a draft recommendation for Planning Commission consideration.

Planning Commission Recommendation
On December 13, 2022, the Planning Commission (Commission) held a noticed public hearing to review the proposed amendments. Three members of the public submitted comments and two speakers provided verbal comments at the Hearing. The Commission adopted a resolution (Attachment 2) recommending that the City Council adopt the ZTA, which included three changes to the staff recommendation:
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ZTA First Reading & Introduction of Ordinance re: Housing Program Implementation January 18, 2023

3 1. Floor area ratios (FAR) in the RM and RH Zoning Districts: The Commission is recommending a maximum FAR of 1.25 for all multi-family uses in both zoning districts.

2. Lot coverage: Upon reviewing the FAR, Commissioners discussed lot coverage as a concept and recommended eliminating the standard in RM/RH Districts.

3. Eliminate new single-family dwellings as a permitted use in both districts (SPMC

36.220.030, Table 2-2).

Each of these recommendations is analyzed below in the discussion of multi-family residential district standards.

Analysis
The following analysis explains each of the zoning text amendments proposed in the draft Ordinance (Attachment 1):
• Emergency Shelters
Between December 2021 and March 2022, the Los Angeles Homeless Services Authority (LAHSA) undertook its Greater Los Angeles Homeless Count in Service Planning Area (SPA) 3, which includes the City of South Pasadena. The Point in Time (PIT) count in South Pasadena took place in February 2022, and identified a total population of 50 unsheltered persons in the seven census tracts that comprise the City. This represents an increase of 35 individuals from the 2020 PIT count. South Pasadena accounts for 1% of the identified unhoused individuals in SPA 3.

Government Code Section 65583(a)(4) requires local jurisdictions to identify zoning districts where emergency shelters are allowed as a permitted use, and with sufficient capacity to accommodate the need, which is determined by the County’s data from the PIT Count. South Pasadena does not currently have an emergency shelter within its boundaries.

Currently, emergency shelters are permitted in the Business Park (BP) zoning district (SPMC Section 36.230.030, Table 2-4). The BP zoning district will be proposed in the new General Plan to become part of the “Ostrich Farm District,” a mixed-use area to accommodate housing and commercial uses. This district will continue to be an appropriate location for a potential emergency shelter to satisfy State law requirements for a by-right location for emergency shelters.

In addition to identifying a by-right zoning district that accommodates emergency shelters, the statute allows local governments to identify zones where emergency shelters are allowed with a conditional use permit (CUP). The proposed Ostrich Farm mixed-use district includes many sites identified in the Housing Element for potential residential development. In order to broaden the options and provide more possibilities for locating an emergency shelter near transportation access, it is proposed to amend Table 2-4 to allow emergency shelters in the Commercial General (CG) district with approval of a CUP.

The CG district includes parcels adjacent to the BP district, parts of Fair Oaks Avenue that will be included in the Downtown Specific Plan (DTSP) and commercial centers on 15 - 3
ZTA First Reading & Introduction of Ordinance re: Housing Program Implementation January 18, 2023

4 Huntington Drive. This area also contains many parcels identified in the draft Housing Element for potential residential development, and the CUP process is recommended to ensure that an emergency shelter application would be designed and approved with conditions to ensure its compatibility with the evolving area.

The proposed amendments to the Specific Use Regulations (SPMC Section 36.350.250) will allow the maximum capacity of a shelter to accommodate up to 50 beds, rather than the maximum of 12 in the current SPMC. The larger shelter size is proposed in order to accommodate the need for shelter beds, as identified in the PIT count. A citywide cap on shelter beds, and the location requirement, (Sub-section B.1), which requires a distance of 300 feet from other shelters and certain uses, are also proposed to be removed as both of these provisions are no longer allowed by State law.

In addition, it is proposed to amend the parking standard for this use to require “One space per employee based on a plan submitted with the project application, with a minimum of two spaces, unless otherwise exempt from providing parking by State law.” Currently, the SPMC requires one space per employee and one space per each four beds or one-half space per bedroom of a family unit with children plus up to five visitor spaces for service providers. Requiring parking for anything except employees is not consistent with current State law. The proposed language also notes that parking is not required if exempted by State law, such as recent legislation that precludes minimum parking requirements for properties defined as being close to transit (further discussed below).

In accordance with the California Environmental Quality Act (CEQA), the amendment to SPMC Section 36.220.030 is exempt pursuant to the general rule described in CEQA Guidelines § 15061(b)(3), as the amendment does not have the potential to cause a significant effect on the environment.

The proposed ZTA to SPMC Sections 36.350.250 and 36.310.040 are exempt from CEQA under Guidelines § 15378 as having no potential for resulting in physical change on the environment, by bringing the local Zoning Code into conformity legislation of the State of California.
• Transitional Housing/Low-Barrier Navigation Centers in Commercial Zoning Districts:

Provisions to Allow and Define
Housing legislation adopted by the State of California in recent years has followed a strategy to reduce the cost burden on production of all different types of residential projects, often through requiring streamlined local permit approval and CEQA waivers.

AB 101, which was signed into law on July 31, 2019, supports the production of LowBarrier Navigation Centers by requiring the use to be permitted “by-right, as defined, in areas zoned for mixed uses and nonresidential zones permitting multifamily uses if it meets specified requirements.” Low Barrier Navigation Centers actively accommodate individuals experiencing homelessness by including features that often prevent them from utilizing transitional housing. These features might include, for instance, allowing pets, 15 - 4
ZTA First Reading & Introduction of Ordinance re: Housing Program Implementation January 18, 2023

5 providing storage lockers, ensuring privacy through the use of partitions in dormitory rooms or private rooms, or providing other solutions to the obstacles that keep people from seeking the help they need. By lowering the barriers to entry, these centers help people to find the programs and benefits that can help lift them out of their current situations and successfully move into permanent housing.

To incorporate AB 101 into South Pasadena’s Zoning Code, it is proposed to add the use to SPMC Section 36.230.030, Table 2-4, as a permitted use in the Commercial Office (CO), Commercial General (CG) and Business Park (BP) zoning districts, along with other transitional and supportive housing, which are already permitted uses in residential zoning districts. In addition, the following definition is proposed to be added to SPMC Section 36.700 for Low-Barrier Navigation Center:
“A service-enriched facility focused on moving people into permanent housing that may or may not provide on-site temporary living accommodations, and where case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low-Barrier” means best practices to reduce barriers to entry.”
The proposed zoning text amendments to this section is exempt from CEQA under Guidelines § 15378 as having no potential for resulting in physical change on the environment, by bringing the local Zoning Code into conformity legislation of the State of California.
• Multi-Family Residential District Standards (RM, RH): Increase FAR and Remove Lot Coverage (SB 478); Not Allow New Single-Family Uses
The Governor signed SB 478 into law on September 28, 2021. This law focuses on midsize residential projects in multi-family residential zones, such as South Pasadena’s RM and RH zoning districts, prohibiting the City from imposing FAR standards that are less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. The law also prohibits imposing a lot coverage requirement that would physically preclude a housing development project from achieving the maximum allowable FAR.

The State law only references standards that cannot be imposed on projects that are 3 to 10 units in size. It does not apply to projects that are smaller or larger.

The current maximum FAR in the RM and RH Districts for multi-family structures is 0.5.

The Commission’s recommendation is to increase the maximum FAR for all projects to

1.25 in both districts. This simplified and straight-forward approach complies with State law and resolves a flaw in its provisions that does not address the feasibility of larger projects.
15 - 5
ZTA First Reading & Introduction of Ordinance re: Housing Program Implementation January 18, 2023

6 The Commission also discussed the broader regulation context, concluding that FAR, setbacks, height limitations and other Code requirements sufficiently regulate building form in the RM and RH districts, making lot coverage an unnecessary standard, which could act as a constraint. Therefore, the recommendation is to remove the lot coverage requirements in the RM and RH Districts.

Staff has conducted analysis on the implications of removing lot coverage, which is currently 50% in RM and 60% in RH. The required yards, or setbacks, which create a de facto limitation on lot coverage, result in a buildable area that ranges around +60% in RM.

In RH, where side setbacks are fixed at 10’ rather than 10% of lot width, buildable area is similar for larger parcels. However, for smaller parcels, the buildable area may be less than 50%. Without an additional lot coverage standard, the building footprint may occupy the entire buildable area outside of the setbacks, as long as the project complies with the open space requirements of SPMC Section 36.350.190 (Residential Uses—Multi-family Project Standards). Given the combined effect of these standards, staff agrees with the Planning Commission’s recommendation to eliminate lot coverage.

Additionally, in order to ensure that RM and RH land is used to achieve more housing units, the Commission has recommended eliminating new single-family dwellings (SFD) as a permitted use in these two districts (SPMC Section 36.220.030, Table 2-2). Based on a GIS analysis, staff has identified that approximately 25% of the total 726 RM Zoning District parcels and approximately 8% of the total 415 RH Zoning District parcels are currently developed with SFDs. In both districts combined, this change would affect the future development of about 200 properties, ensuring that any replacement project would be multi-unit.

The Commission did not intend to cause existing single-family uses to become nonconforming, and their resolution (Attachment 2) differentiates between Existing SFD, which are “P – Permitted” and New SFD, which are prohibited. Accordingly, single-family property owners would not change their current status (i.e., would not be considered nonconforming) and repairs and additions would continue to be allowed. However, if an existing SFD is voluntarily demolished, it could not be replaced with a new SFD. The draft ordinance (Attachment 1) includes this recommendation.

The proposed zoning text amendments to these sections are exempt from CEQA under Guidelines § 15378 as having no potential for resulting in physical change on the environment, by bringing the local Zoning Code into conformity legislation of the State of California.
• Mixed-use Development as a Permitted Use in Commercial Zones The Housing Element analyzes constraints to housing, and a number of standards will be examined in the future to determine how they might be adjusted to meet the City’s goal of achieving high quality housing without constituting a burden that makes such housing infeasible.
15 - 6
ZTA First Reading & Introduction of Ordinance re: Housing Program Implementation January 18, 2023

7 One of the more straightforward items that has been identified to streamline the entitlement process is removal of the requirement to obtain a CUP for mixed-use projects.

Although both the commercial and the residential uses are by-right, a project that includes both requires a CUP. It is recommended to revise this standard and make mixed-use projects allowable through a by-right application process.

This change does not necessarily eliminate the need for public hearings for projects when a Design Review Permit is required. However, it simplifies the process to reduce staff processing time and application fees.

This proposed ZTA to SPMC Section 36.230.030 is exempt from CEQA under Guidelines § 15061(b)(3), as having no potential for resulting in physical change on the environment. • Parking Exemptions for Projects Near Transit (AB 2097) On September 22, 2022, the Governor signed AB 2097, which amends the Government Code to “prohibit a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 1⁄2 mile of public transit, as defined.’ A small carve-out makes exceptions to this rule, which is presumably intended to avoid unintentional burden on the development of housing for low-income households or persons with disabilities.

For purposes of applying this exemption from parking, AB 2097 defines “Public transit” to mean “a major transit stop as defined in Section 21155 of the Public Resources Code, which states that “A major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan.” South Pasadena does not have any planned stops in the Southern California Association of Governments (SCAG) regional transportation plans.

Public Resources Code Section 21064.3 provides the definition as follows:
“Major transit stop” means a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

The L-Line station at Mission/Meridian qualifies as a Major Transit Stop. At this time, staff has not identified any intersections of bus routes that meet the frequency threshold in (c), and (b) is clearly not relevant in South Pasadena. Should new bus routes be developed, 15 - 7
ZTA First Reading & Introduction of Ordinance re: Housing Program Implementation January 18, 2023

8 the application of this parking exemption may expand, but the initial impact will be properties within one-half mile of the South Pasadena L-Line station.

Language to incorporate this new State law is proposed to be added to SPMC Section

36.310.040 (Number of Parking Spaces), as detailed in Attachment 1.

In accordance with the California Environmental Quality Act (CEQA), amendments to SPMC Section 36.220.040, 36.230.030 and 36.700 are exempt pursuant to the general rule described in CEQA Guidelines § 15061(b)(3), as these amendments do not have the potential to cause a significant effect on the environment.

The proposed ZTAs to these sections are exempt from CEQA under Guidelines § 15378 as having no potential for resulting in physical change on the environment, by bringing the local Zoning Code into conformity legislation of the State of California.

Environmental Analysis
In accordance with the California Environmental Quality Act (CEQA), the proposed Code amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) and 15378. The City is required to comply with State laws pertaining to emergency shelters, transitional housing and Low Barrier Navigation Centers, parking within proximity of transit, and project density for mid-size projects in residential zoning districts and the proposed amendments are consistent with such requirements that already exist in State law. The removal of the conditional use permit requirement for mixed-use projects is procedural and does not impact the allowable development for such projects. Thus, it may be seen with certainty that there is no possibility these Zoning Code Amendments to amend standards for compliance with State law may have a significant effect on the environment.

Fiscal Impact
Planning Division staff will implement the revised Zoning Code provisions through administration of the permit application process. This will not require any budgetary changes or other fiscal impact.

Public Notification of Agenda Item
A Public Hearing Notice was published on January 6, 2023 in the South Pasadena Review.

Attachments:

1. Draft Ordinance

2. Planning Commission Resolution No. 22-11

3. City Council Resolution of Intention (adopted November 9, 2022)

4. LAHSA 2022 Homelessness Statistics by City; South Pasadena 15 - 8
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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF SOUTH PASADENA AMENDING
CHAPTER 36 (“ZONING”), ARTICLES 2, 3 AND 7, SECTIONS

36.220.030 (RESIDENTIAL ZONING DISTRICT LAND USES AND
PERMIT REQUIREMENTS), 36.220.040 (RESIDENTIAL ZONING
DISTRICT GENERAL DEVELOPMENT STANDARDS), 36.230.030
(COMMERCIAL ZONING DISTRICT LAND USES AND PERMIT
REQUIREMENTS), 36.310.040 (NUMBER OF PARKING SPACES
REQUIRED), 36.350.250 (EMERGENCY SHELTERS), AND 36.700.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) IN ORDER

TO IMPLEMENT ASSOCIATED STATE LAWS AND GENERAL PLAN
HOUSING ELEMENT PROGRAMS; DETERMINATION FINDING

APPLICABILITY OF EXEMPTIONS FROM FURTHER ANALYSIS

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTIONS 15061(b)(3) AND 15378 OF CHAPTER 3 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS

THE CITY COUNCIL OF THE CITY OF SOUTH PASADENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. REQUIRED FINDINGS: Pursuant to SPMC Section 36.620.070 B.1 (a and b) and B.2: (Findings and Decision), the City Council makes the following findings:

B1:
a. The proposed amendment is consistent with the actions, goals, objectives, policies, and programs of the General Plan in that the 2013-2021 General Plan Housing Element and the Draft 2021-2029 General Plan Housing Element both include programs to amend the Zoning Ordinance for consistency with adopted State laws governing provision of emergency, transitional and permanent housing. In addition, the development of the Draft 2021-2029 General Plan Housing Element is concurrent with the update of the City’s other General Plan elements, including the Land Use Element, which includes goals and policies to encourage housing through streamlining City review and approval processes and the proposed amendment contributes toward achieving those goals. b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City in that it is necessary to modify zoning requirements, as required by State law, to support housing development and contribute toward alleviating the current housing crisis evident throughout the Los Angeles County region. Providing sufficient housing opportunities, including emergency and transitional housing with services through Low Barrier Navigation Centers will promote the general welfare of all members of the community within the City. 15 - 11
ORDINANCE NO. XXXX
PAGE 2
B2. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code in that, as applicable, the recommended amendments include provisions to resolve internal conflicts to achieve consistency.

SECTION 2. Section 36.220.030 (Residential Zoning District Land Uses and Permit Requirements), Table 2-2 is amended as follows:

TABLE 2-2.

ALLOWED USES AND

PERMIT REQUIREMENTS

FOR RESIDENTIAL ZONING

DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed

PERMIT REQUIRED BY

DISTRICT
Specific Use
Regulations
LAND USE (1) RE RS RM RH

RESIDENTIAL USES
Existing Single-family
dwelling P P P P
New Single-family dwelling P P - -
SECTION 3. Section 36.220.040 (Residential Zoning District General Development Standards), Table 2-3 is amended as follows:

TABLE 2-3. RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District (1)
Development Feature RE RS RM RH
Lot coverage
Maximum percentage of total lot area that may be covered by structures. 40% 50% N/A 60% N/A
Floor area ratio Maximum allowable ratio of building floor area to lot area. See Article 7 (Definitions) for a definition and illustration.

Requirement 0.35 Single-family
dwellings—0.50
Multi-family
projects— 1.25
Single-family
dwellings—0.40
Multi-family
projects— 0.50

1.25 15 - 12
ORDINANCE NO. XXXX
PAGE 3
SECTION 4. Section 36.230.030 (Commercial Zoning District Land Uses and Permit Requirements), Table 2-4 is amended as follows:

LAND USE CO CG BP Specific Use Regulations

RESIDENTIAL USES
Emergency shelter — CUP P 36.350.250
Live/work units — — — 36.350.110
Mixed-use projects CUP P CUP P P 36.350.120
Single-room occupancy — — P 36.350.260
Transitional and
supportive housing,
including Low Barrier
Navigation Centers
P P P
SECTION 5. Section 36.310.040 of Article III ("Site Planning and General Development Standards”) of South Pasadena Municipal Code Chapter 36 ("Zoning") is amended as follows:

1. The first paragraph of this section shall be amended to read:

36.310.040 Number of Parking Spaces Required.
“Each use shall provide at least the minimum number of parking spaces required by this Division, unless otherwise exempt from the minimum parking requirement per Subsection H, below. If parking requirements result in a fraction of a space required, the number of parking spaces required shall be rounded up to the next higher number.”

2. New Sub-section H shall be added as follows:

H. Notwithstanding the above, there shall be no minimum parking requirement for any residential, commercial, or other development project if the project is located within one-half mile of a major transit stop as defined in Section 21155 of the Public Resources Code, except in the following circumstances:

1. The City may require provision of parking as required in Table 3-6, above, for a project that is located within one-half mile of a major transit stop provided the Director makes written findings, within 30 days of the receipt of a completed application, that not requiring the minimum parking requirements for the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
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ORDINANCE NO. XXXX
PAGE 4
a. The City’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.
b. The City’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
c. Existing residential or commercial parking within one-half mile of the housing development project.

2. For a housing development project, as defined in Government Code Section 65589.5.(h), the Director shall not make findings for an exception per Subsection 1, above, if the housing development project satisfies any of the following:
a. The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, higher education students, the elderly, or persons with disabilities. b. The development contains fewer than 20 housing units. c. The development is subject to parking reductions based on the provisions of any other applicable law.

3. An event center shall provide all required parking for employees and other anticipated workers. For purposes of this section, an event center shall be defined as follows: a community center, activity center, auditorium, convention center, stadium, coliseum, arena, sports facility, racetrack, pavilion, amphitheater, theme park, amusement park, fairgrounds, or other building, collection of buildings, or facility which is used exclusively or primarily for the holding of sporting events, athletic contests, contests of skill, exhibitions, conventions, meetings, spectacles, concerts, or shows, or for providing public amusement or entertainment.

4. Projects subject to this sub-section (H) shall comply with all requirements to provide electric vehicle supply equipment-installed parking spaces and to provide parking spaces that are accessible to persons with disabilities in compliance with Sub-section 36.310.070.

SECTION 6. Section 36.350.250 (Emergency Shelters) of Article III ("Site Planning and General Development Standards”) of South Pasadena Municipal Code Chapter 36 ("Zoning") is amended as follows:

A. Sub-section B.1 shall be deleted.
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ORDINANCE NO. XXXX
PAGE 5
B. Sub-section B.2 shall be amended to read: “Maximum number of beds. The maximum number of beds for an emergency shelter shall be 12 50 beds plus a residential unit for a full time on-site manager.” The total number of beds in operation at one time in the City shall not exceed 20 beds.

C. Sub-section B.3 shall be amended to read: “Maximum occupancy. Maximum occupancy at any one time shall be 12 50 residents plus a minimum of one onsite manager.” D. Sub-section B.5 shall be amended to read: “Off-street parking. One space per employee based on a plan submitted with the project application, with a minimum of two spaces, unless otherwise exempt from providing parking by State law.” and one space per each four beds or one-half space per bedroom of a family unit with children plus up to five visitor spaces for service providers.

SECTION 7. Division 36.700 (Definitions/Glossary) is amended to add the following under Subsection 36.700.020.L:

Low Barrier Navigation Center. A service-enriched facility focused on moving people into permanent housing that may or may not provide on-site temporary living accommodations, and where case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry.

SECTION 8. CEQA Determination. The City Council hereby finds that the proposed Code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to the general rule described in Chapter 3 of Title 14 of the California Code of Regulations (CEQA Guidelines) at § 15061(b)(3), as the Code Amendment does not have the potential to cause a significant effect on the environment. The Code Amendment is also exempt from CEQA under Guidelines § 15378 as having no potential for resulting in physical change on the environment, by bringing the local zoning code into conformity legislation of the State of California.

SECTION 9. Effective Date. This ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage, the City Clerk of the City of South Pasadena shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and shall cause the same to be published in a newspaper in the manner required by law.
15 - 15
ORDINANCE NO. XXXX
PAGE 6
PASSED, APPROVED AND ADOPTED ON this 18th day of January, 2023.

Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:

Desiree Jimenez, CMC Andrew L. Jared, City Attorney
Chief City Clerk
I HEREBY CERTIFY that the Ordinance was duly approved and adopted by the City Council of the City of South Pasadena, California, at a regular meeting held on this 18th day of January, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Desiree Jimenez, CMC
Chief City Clerk
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296309.v3
P.C. RESOLUTION NO. 22-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SOUTH PASADENA, CALIFORNIA, RECOMMENDING THAT THE CITY

COUNCIL ADOPT AN ORDINANCE TO AMEND THE CITY OF SOUTH
PASADENA MUNICIPAL CODE (SPMC) BY MODIFYING CHAPTER 36
(“ZONING”) SECTIONS 36.220.030 (RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS), 36.220.040
(RESIDENTIAL ZONING DISTRICT GENERAL DEVELOPMENT
STANDARDS), 36.230.030 (COMMERCIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS), 36.310.040 (NUMBER OF
PARKING SPACES REQUIRED), 36.350.250 (EMERGENCY
SHELTERS), AND 36.700.020 (DEFINITIONS OF SPECIALIZED TERMS

AND PHRASES) IN ORDER TO IMPLEMENT ASSOCIATED STATE

LAWS AND GENERAL PLAN HOUSING ELEMENT PROGRAMS
WHEREAS, on November 9, 2022, the City Council adopted Resolution No. 7791, a Resolution of Intention (ROI) to direct City staff to prepare amendments to South Pasadena Municipal Code Chapter 36 (Zoning) as recommended herein in order to cause the City’s Zoning Code to be consistent with State law and to reduce certain constraints to housing production in order to facilitate housing construction to meet the City’s needs and comply with its 2021-2029 Regional Housing Needs Assessment (RHNA) obligations; and
WHEREAS, on December 13, 2022, the Planning Commission held a noticed public hearing to consider draft provisions to implement the ROI as directed by the City Council, at which all interested parties were given the opportunity to be heard and present evidence; and
WHEREAS, amending the Zoning Code to facilitate emergency, transitional and permanent housing is necessary to support the City’s efforts to meet its RHNA obligations for the public health, safety and welfare of the City pursuant to the findings made below:

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SOUTH PASADENA DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1: The proposed amendments would not have a significant impact on the environment and so this action is exempt from the California Environmental Quality Act (CEQA) review under Section 15061(b)(3) — General Rule, which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment and exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

SECTION 2: Pursuant to SPMC Section 36.620.070 (Findings and Decision), the Planning Commission recommends that the City Council approve the proposed amendments set forth in Exhibit “A”, based on the following findings as required in SPMC Section 36.620.070.B.1 (a and b) and B.2:
15 - 19
B1:

B2.
a. The proposed amendment is consistent with the actions, goals, objectives, policies, and programs of the General Plan in that the 2013-2021 General Plan Housing Element and the draft 2021-2029 Housing Element both include programs to amend the Zoning Ordinance for consistency with adopted State laws governing provision of emergency, transitional and permanent housing.
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City in that it is necessary to modify zoning requirements, as required by State law, to support housing development and contribute toward alleviating the current housing crisis evident throughout the Los Angeles County region. Providing sufficient housing opportunities, including emergency and transitional housing with services through Low Barrier Navigation Centers will promote the general welfare of all members of the community within the City.

The proposed amendment is internally consistent with other applicable provisions of this Zoning Code in that, as applicable, the recommended amendments include provisions to resolve internal conflicts to achieve consistency.

SECTION 3. For the foregoing reasons and based on the information and findings included in this resolution, the staff report, and testimony received during the public hearing, the Planning Commission of the City of South Pasadena hereby recommends that the City Council adopt an ordinance with the provisions included in Exhibit "A." SECTION 4. The Secretary shall certify that the foregoing Resolution was adopted by the Planning Commission of the City of South Pasadena at a duly noticed regular meeting held on the 13th day of December, 2022.

PASSED, APPROVED, AND ADOPTED this 13th day of December 2022 by the following vote:

AYES: Le:s,o._�J Da__k\ �y'1\\u}�yJ PoJr\\CA A�T-.

NOES: LTAIN·
John esak, Chair
ATTEST:
296309.v3

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296309.v3
EXHIBIT “A”
SECTION 1. Section 36.220.030 (Residential Zoning District Land Uses and Permit Requirements), Table 2-2 shall be amended as follows:

TABLE 2-2.

ALLOWED USES AND

PERMIT REQUIREMENTS

FOR RESIDENTIAL ZONING

DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed

PERMIT REQUIRED BY

DISTRICT
Specific Use
Regulations
LAND USE (1) RE RS RM RH

RESIDENTIAL USES
Existing Single-family
dwelling P P P P
New Single-family dwelling P P - -
SECTION 2. Section 36.220.040 (Residential Zoning District General Development Standards), Table 2-3 shall be amended as follows:

TABLE 2-3. RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District (1)
Development Feature RE RS RM RH
Lot coverage
Maximum percentage of total lot area that may be covered by structures. 40% 50% N/A 60% N/A
Floor area ratio Maximum allowable ratio of building floor area to lot area. See Article 7 (Definitions) for a definition and illustration.

Requirement 0.35 0.50

1.25 Single-family
dwellings—0.40
Multi-family
projects— 0.50

1.25 15 - 21

296309.v3
SECTION 3. Section 36.230.030 (Commercial Zoning District Land Uses and Permit Requirements), Table 2-4 shall be amended as follows:

LAND USE CO CG BP Specific Use Regulations

RESIDENTIAL USES
Emergency shelter — CUP P 36.350.250
Live/work units — — — 36.350.110
Mixed-use projects CUP P CUP P P 36.350.120
Single-room occupancy — — P 36.350.260
Transitional and
supportive housing,
including Low Barrier
Navigation Centers
P P P
SECTION 4. Section 36.310.040 of Article III ("Site Planning and General Development Standards”) of South Pasadena Municipal Code Chapter 36 ("Zoning") is hereby amended as follows:

1. The first paragraph of this section shall be amended to read:

36.310.040 Number of Parking Spaces Required.
“Each use shall provide at least the minimum number of parking spaces required by this Division, unless otherwise exempt from the minimum parking requirement per Subsection H, below. If parking requirements result in a fraction of a space required, the number of parking spaces required shall be rounded up to the next higher number.”

2. New Sub-section H shall be added as follows:

H. Notwithstanding the above, there shall be no minimum parking requirement for any residential, commercial, or other development project if the project is located within one-half mile of a major transit stop as defined in Section 21155 of the Public Resources Code, except in the following circumstances:

1. The City may require provision of parking as required in Table 3-6, above, for a project that is located within one-half mile of a major transit stop provided the Director makes written findings, within 30 days of the receipt of a completed application, that not requiring the minimum parking requirements for the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following:
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296309.v3
a. The City’s ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low income households.
b. The City’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
c. Existing residential or commercial parking within one-half mile of the housing development project.

2. For a housing development project, as defined in Government Code Section 65589.5.(h), the Director shall not make findings for an exception per Subsection 1, above, if the housing development project satisfies any of the following:
a. The development dedicates a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, higher education students, the elderly, or persons with disabilities. b. The development contains fewer than 20 housing units. c. The development is subject to parking reductions based on the provisions of any other applicable law.

3. An event center shall provide all required parking for employees and other anticipated workers. For purposes of this section, an event center shall be defined as follows: a community center, activity center, auditorium, convention center, stadium, coliseum, arena, sports facility, racetrack, pavilion, amphitheater, theme park, amusement park, fairgrounds, or other building, collection of buildings, or facility which is used exclusively or primarily for the holding of sporting events, athletic contests, contests of skill, exhibitions, conventions, meetings, spectacles, concerts, or shows, or for providing public amusement or entertainment.

4. Projects subject to this sub-section (H) shall comply with all requirements to provide electric vehicle supply equipment-installed parking spaces and to provide parking spaces that are accessible to persons with disabilities in compliance with Sub-section 36.310.070.

SECTION 5. Section 36.350.250 (Emergency Shelters) of Article III ("Site Planning and General Development Standards”) of South Pasadena Municipal Code Chapter 36 ("Zoning") is hereby amended as follows:

A. Sub-section B.1 shall be deleted.

B. Sub-section B.2 shall be amended to read: “Maximum number of beds. The maximum number of beds for an emergency shelter shall be 12 50 beds plus a residential unit for a full time on-site manager.” The total number of beds in operation at one time in the City shall not exceed 20 beds. 15 - 23

296309.v3
C. Sub-section B.3 shall be amended to read: “Maximum occupancy. Maximum occupancy at any one time shall be 12 50 residents plus a minimum of one onsite manager.” D. Sub-section B.5 shall be amended to read: “Off-street parking. One space per employee based on a plan submitted with the project application, with a minimum of two spaces, unless otherwise exempt from providing parking by State law.” and one space per each four beds or one-half space per bedroom of a family unit with children plus up to five visitor spaces for service providers.

SECTION 6. Division 36.700 (Definitions/Glossary) shall be amended to add the following under Subsection 36.700.020.L:

Low Barrier Navigation Center. A service-enriched facility focused on moving people into permanent housing that may or may not provide on-site temporary living accommodations, and where case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry. 15 - 24
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Greater Los Angeles 2022 Homeless Count Results:

South Pasadena
Estimated total persons experiencing homelessness at the end of February 2022:
50 people [50 persons Unsheltered (100%) and 0 persons in shelter (0%)]

5.3%

2.4%
0%

7.1%

31.7%

53.5%
0 Persons in Safe Parking 0%
27 Persons on the Street
16 Persons in Makeshift Shelters
4 Persons in Tents
0 Persons in RVs
1 Persons in Vans
3 Persons in Cars
Of the 50 persons unsheltered,
There were no persons
sheltered on the night
of the Homeless Count.
2 1
0 3
11 Sheltered
Persons in 2022
Unsheltered
Percent change from 2020
Total
0 50
50 Zero in 2020
245.2%
245.2%
Count of Persons in 2022
and Percent Change from 2020 for
South Pasadena
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