4. The Agreement and any previous amendments are incorporated into this Amendment by reference.
Except as amended by this Amendment, the Agreement remains in full force and effect.
Sourcewell CDW Government LLC
By: By:
Authorized Signature Authorized Signature
Jeremy Schwartz Robert F Kirby
Name – Printed Name – Printed
Title: Director of Operations & Procurement/CPO Title: President, CDW Government LLC Date: Date:
APPROVED:
By:
Authorized Signature
Chad Coauette
Name – Printed
Title: Executive Director/CEO
Date:
DocuSign Envelope ID: AEDECB71-DB3E-4A49-9A3B-2200553AF707
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Rev. 7/2022 1
CONTRACT EXTENSION
Contract Number: #081419-CDW
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and CDW Government LLC (Vendor), 230 N. Milwaukee Ave., Vernon Hills, IL 60061 have entered into Contract #081419-CDW for the procurement of Technology Catalog Solutions. The Contract has an expiration date of October 30, 2023, but the parties may extend the Contract by mutual consent.
Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of October 30, 2024.
All other terms and conditions of the Contract remain in full force and effect.
Sourcewell CDW Government LLC
By: __________________________ By: __________________________ Jeremy Schwartz David Hutchins
Title: Chief Procurement Officer Title:
Date: ________________________ Date: ________________________
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Sourcewell ~
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ATTACHMENT 2
PEPPM Contract
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PEPPM 2023 Product Line Bid - California# 535122
AWARDED VENDOR AGREEMENT
BETWEEN
Kern County Superintendent of Schools ("Agency")
AND
TD SYNNEX Corporation
(Bidder's legal name referred to throughout this agreement as "Awarded Vendor") For Bid Product Line:
Cisco
(Product Line Name within PEPPM 2023 Product Line Bid - California# 535122) This Agreement is made and entered into as of the date this Agreement is fully executed by the Kern County Superintendent of Schools (Agency) after an initial signature from the Awarded Vendor. This date of final execution shall be known as the "Effective Date."
Whereas, Agency issued a Request for Bids for PEPPM 2023 Product Line Bid - California ("RFB"); Whereas, that RFB is incorporated into this Agreement by reference and made a part hereof; Whereas, the Awarded Vendor submitted a Bid in response to the Agency's RFB for the Product Line referenced above;
Whereas, the Agency determined that Awarded Vendor was the lowest responsive and responsible bidder for the Product Line referenced above; and
Whereas, Awarded Vendor signs and executes this Awarded Vendor Agreement to indicate its acceptance of the terms and conditions of the Contract as defined below; Now, therefore in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is expressly acknowledged by both parties, and intending to be legally bound hereby, the parties mutually agree as follows:
1. This Agreement is a Contract and Contract Documents consist of the Request for Bids, bid Terms and Conditions, any applicable state-specific terms and conditions, all information incorporated into the electronic bid form by Agency or Bidder, the Bidder's responses to Questions, the Bidder's PEPPM Bid Quote Sheet(s), the Bidder's pricing spreadsheet, the Bidder's PEPPM State Selection Form, the Bidder's Ancillary Services Form, this Agreement, all other attachments and exhibits to the request for bids, all addenda to the request for bids issued prior to the Bid Opening Date, and all subsequent written amendments to the Agreement (e.g. adding state-specific terms and condit ions). The Contract Documents form the "Contract" between Agency for the Contract term, and during any authorized extensions.
2. Awarded Vendor agrees to furnish products and services related to the RFB in accordance with the RFB Terms and Conditions and Contract.
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3. The Contract shall commence on January 1, 2023 and end on December 31, 2025. Agency and Awarded Vendor may elect to extend the term of the Contract as set forth in the Terms and Conditions.
4. Awarded Vendor agrees to honor submitted bid prices and pricing formulas according to all terms and conditions of the Contract Documents to all eligible buying organizations in California as authorized to purchase the products included in the Awarded Vendor's bid.
5. Where Awarded Vendor agreed to extend its quoted price formulas and effective prices to eligible LEAs in states and territories outside of California, Awarded Vendor agrees to extend those quoted bid prices and formulas according to all terms and conditions of the Contract Documents to those other LEAs and eligible agencies.
6. Awarded Vendor agrees to remit the Transaction Fee in accordance with the terms and conditions set forth in the Contract.
7. This Agreement shall be governed by and construed under the laws of the state of California, any disputes shall be determined in the court of general jurisdiction in the County of Kern.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have caused their hands to be affixed.
Vendor Signature
Signatory Title
Vendor Name
Address
City, State, Zip
Date
KCSOS Signature
Signatory Title
Agency Name
Address
City, State, Zip
Date
&~~a
Vice Pldent of P6blic Sector
TD SYNNEX Corporation
44201 Nobel Drive
Fremont, CA 94538
9/19/2022
_ Assistant Superintendent of Finance •
Kern County Superintendent of Schools
1300 17th Street
ATTACHMENT 3
Resolution
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RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, APPROVING A PURCHASE ORDER WITH
CDW GOVERNMENT, IN THE AMOUNT NOT TO EXCEED OF $135,000
FOR THE PURCHASE OF NETWORK HARDWARE EQUIPMENT,
UTILIZING THE SOURCEWELL AND PENNSYLVANIA EDUCATION
PURCHASING PROGRAM FOR MICROCOMPUTERS COOPERATIVE
PURCHASING PROGRAMS
WHEREAS, the City requires the use of technology hardware, including network hardware equipment for City operations; and
WHEREAS, the City desires to participate in the cooperative purchasing agreement negotiated by Sourcewell and Pennsylvania Education Purchasing Program (PEPPM) to purchase network hardware equipment from CDW Government; and WHEREAS, Section 2.99-29(19) of the South Pasadena Municipal Code (“Municipal Code”) and the City’s Purchasing Policy allows for the City to engage in cooperative purchasing whereby the City uses another public agency’s competitive bid process as its own to purchase goods that it needs; and WHEREAS, CDW Government. has a valid pricing agreement publicly bid by Sourcewell referred to as #081419-CDW, which is a cooperative procurement pursuant to the Municipal Code and which said pricing agreement is on file with the Department of Management Services; and
WHEREAS, Cisco has a valid pricing agreement publicly bid by PEPPM referred to as #535122-044, which is a cooperative procurement pursuant to the Municipal Code and which said pricing agreement is on file with the Department of Management Services; and
WHEREAS, Staff anticipates that the total cost of products purchased from CDW Government will exceed $30,000, and the City’s Purchasing Policy provides that cooperative procurements exceeding $30,000 require City Council approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals above are true and correct and incorporated herein as if set forth in full.
Section 2. The City Council hereby authorizes the use of the Sourcewell and PEPPM Cooperative Purchasing Programs described in the Recitals to purchase 10 - 73
network equipment hardware from CDW Government, pursuant to Municipal Code Section 2.99-29(19) and the City’s Purchasing Policy.
Section 3. The City Council approves the purchase of network equipment hardware from CDW Government, in an amount not to exceed $135,000 (“Purchase”) Section 4. The City Council authorizes the City Manager, or designee, to effectuate the Purchase, including the issuance of purchase orders to CDW Government, under the terms of the Sourcewell and PEPPM cooperative purchasing agreements, and in conformance with this Resolution.
PASSED, APPROVED AND ADOPTED on this 4th day of October 2023.
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
Mark Perez, Roxanne M. Diaz,
Deputy City Clerk City Attorney
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 16th day of August, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Perez,
Deputy City Clerk
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ATTACHMENT 4
Municipal Code
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2.99-29 Purchasing system.
(1) Purchasing System Adopted—Purpose. In order to establish efficient procedures for the purchase of supplies, nonprofessional services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted.
(a) Authority to Legally Bind. The authority to legally bind the city is limited to the city council, city manager, finance director (purchasing agent) and department directors, in accordance with the purchase types and dollar thresholds in accordance with this chapter and the adopted purchasing policy.
(b) Unauthorized Purchases. Purchases approved by anyone other than the designated award authorities are unauthorized and do not constitute a valid charge against city funds. The city is under no obligation to pay vendors for unauthorized purchases, and employees who make such purchases will be subject to disciplinary procedures in accordance with the city’s personnel policies and may be required to provide reimbursement.
(c) All employees are responsible for impartially ensuring fair competitive access to procurement opportunities by responsible suppliers and contractors. All employees shall abide by the ethical conduct standard stated in the purchasing policy.
(2) Definition of Terms. The following terms, whenever used in these procedures, shall be construed as follows:
(a) “Bidders’ list” means a current file of sources of supply of articles for each category of commodities repetitively purchased for city use. (b) “Department” means any department, commission or other unit of the city government, which derives its support wholly or in part from the city. (c) “Lowest responsible bidder” means in addition to price, the “lowest responsible bidder” will be determined after the following factors have been considered:
1. The ability, capacity and skill of the bidder to perform the contract or provide the service required;
The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
South Pasadena City Code 2.99-29 Purchasing system. Page 1 of 11 10 - 77
2. Whether the bidder has the facilities to perform the contract or provide the service promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. The bidder’s record of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;
7. The quality, availability and adaptability of the supplies, equipment or services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
9. The number and scope of conditions attached to the bid. (d) “Open market” means and pertains to purchases or transactions that are executed without recourse to formalized purchasing procedure. (e) “Over the counter” means and pertains to purchases or transactions that are executed without recourse to competitive bidding and without a purchase order.
(f) “Professional services” means services of engineers, architects, accountants, attorneys, doctors, and other persons or businesses with specialized scientific, expert, technical, or other skills of a similar nature. (g) Purchases. Purchases of supplies, equipment and personal property shall include leases or rentals as well as transactions by which the city acquires ownership.
(h) “Purchase order” means a document which authorizes the delivery of specified merchandise or the rendering of certain service and the making of a charge for such merchandise or service.
(i) “Requisition” means a written demand or request from the using department to the purchasing agent for specified article or service.
The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
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(j) “Responsible bid” means an offer, submitted by a responsible bidder, to furnish supplies, equipment or services in conformity with the specification, delivery terms and conditions and other requirements included in the invitation for bids.
(k) “Responsible bidder” means a bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms.
(l) “Services (general)” means any and all services rendered by independent contractors not otherwise specified including but not limited to the following: custodial services, building/equipment maintenance, the repair or maintenance of equipment, machinery and other city-owned or operated property. The term does not include services rendered by city officers or employees, or professional services which are in their nature unique and not subject to competition. This definition excludes contracts to construct public works projects addressed in Chapter 2 SPMC, Article XIII, commencing with SPMC 2.99-34. Public works projects pertain to the construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including demolitions, the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities. Maintenance required to preserve a public improvement is not considered a public work. (m) “Specification” means a formulated, definite and complete statement of what is required by the city of the vendor, in the way of composition, construction, utility, durability, efficiency, texture, shape, form or dimension.
(n) “Supplies and equipment” means any and all articles or things which shall be furnished to or used by any department, including all printing, binding, publications, stationery, forms, journals or reports. (o) “Using department” means the department that uses the supplies, equipment or services obtained pursuant to a particular requisition. (p) “Goods” means materials, equipment and supplies needed by any department, including those items purchased with city funds and furnished to contractors for use with public works projects.
(q) “Purchasing policy” means the South Pasadena Finance Policies and The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
South Pasadena City Code 2.99-29 Purchasing system. Page 3 of 11 10 - 79
Procedures Manual, as adopted by the city council on September 7, 2022, and as may be amended from time to time by action of the city council. (3) Purchasing Department Established. There is created a centralized purchasing department, in which is vested authority for the purchase of supplies, nonprofessional services and equipment.
(4) Purchasing Agent Designated—Powers and Duties.
(a) The director of finance is designated as purchasing agent. The director of finance may delegate the routine administrative responsibilities as specified in this section, the purchasing policy, or in any other applicable purchasing regulations, to another staff person. The purchasing agent shall be the head of, and have general supervisory duties over, the purchasing department. The duties of the purchasing agent may be combined with those of any other office or position.
(b) The purchasing agent shall:
1. Negotiate where appropriate and purchase and contract for equipment, supplies (other than library books and periodicals), nonprofessional services or services not involving peculiar ability required by any office or department of the city in accordance with purchasing procedures prescribed by this section, and such other rules or regulations as shall be prescribed by the city council;
2. Act to procure for the city at least expense and/or best quality to the city the needed quality in equipment, supplies, nonprofessional services or services not involving peculiar ability;
3. Where competitive bidding is required, ensure that it is conducted with full and open competition and in full compliance with applicable law. Where competitive bidding is not required, ensure that the city’s procurement of services is undertaken in a fair and transparent manner, based on demonstrated competence and qualifications, at a fair and reasonable price. Discourage uniform bidding, and endeavor to obtain as full and open competition as possible on all purchases;
4. Prepare and recommend to the city manager and city council rules governing the purchase of supplies, services and equipment for the city in accordance with best practices;
5. Keep informed of current developments in the field of procurement The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
South Pasadena City Code 2.99-29 Purchasing system. Page 4 of 11 10 - 80
trends, purchasing prices, market conditions and new products;
6. Prescribe and maintain such forms as are reasonably necessary to effectively administer the operation of this section and other rules and regulations;
7. Oversee the disposal of surplus equipment and supplies that have become unsuitable for city use. Recommend the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment which cannot be used by any department, or which have become unsuitable for city use. (c) The responsibility of staff in other departments in support of the efficient and effective administration of the purchasing system may be identified through the purchasing policy.
(5) Filing of Estimated Requirements. Each city department shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time, and for such future periods as the purchasing agent shall prescribe.
(6) Exemptions From Centralized Purchasing. The purchasing agent may, in writing and with the approval of the city manager, authorize any city department to purchase or contract for specified supplies, services and equipment independently of the purchasing department, but the purchasing agent shall require that such purchases or contract be made in conformity with the procedures established by this section, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization.
(7) Public Works Projects Exemptions. This section, except subsections (1) through (4) of this section, is expressly made inapplicable to bids for public works projects, governed by the procedures in Public Contract Code Sections 20100 and 22000 et seq. Public works projects shall be awarded according to the procedures of Chapter 2 SPMC, Article XIII, Awarding Public Works Contracts. (8) Local Vendor Purchasing Preference. Local preference is the practice of procurement from South Pasadena vendors because they are also local taxpayers.
Purchases from South Pasadena vendors are strongly encouraged where competitive prices and quality exist. With all specifications and conditions equal except price, a preference will be given to in-city vendors equal to five percent of the quoted price when general fund monies are used for the acquisition. The The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
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rationale for local preference is that one percent of the sales tax on most acquisitions returns to the city general fund as revenue, effectively reducing the cost of acquisition.
(9) Competitive Bidding.
(a) Contracts resulting from competitive bidding will be awarded by the appropriate award authority based on the lowest responsible bidder who submitted a bid that was responsive to the solicitation request. A bid is considered to be responsive if it conforms in all material respects to the solicitation requirements; minor defects may be waived by the purchasing agent. A bidder is considered to be responsible if they possess the demonstrated ability, capacity, experience and skill to provide the goods and/or services required by the solicitation.
(b) Whether soliciting price quotations or conducting sealed bidding, it is a best practice to provide notice to as many qualified bidders as possible to ensure fair and open competition. It is the policy of the city that a minimum of three quotations must be solicited whenever possible; provided, however, all quotations may be dispensed with in an emergency, or where said goods and/or services can be obtained from only one source. With regard to emergency purchases, Public Contracts Code Sections 1102 and 22050 may apply and if applicable, shall be followed.
(c) If fewer than three quotes are received, the using department must provide an explanation with the purchase requisition that good faith efforts were made to obtain the required number of quotations. The requisition must also include documentation of the good faith efforts, i.e., vendor “no bid” response, email(s) sent to prospective vendors, etc. Though professional services are exempt from competitive bidding under the city’s purchasing policy, proposals should be solicited from at least three sources to ensure best value and/or to comply with federal or state law as required. (d) The city council may authorize purchase of supplies, equipment and services of a value greater than $30,000 without complying with the above procedures when in the opinion of the council, compliance with competitive bidding is not in the best interest of the city.
(e) Conditions.
1. Bid Security. When deemed necessary by the purchasing agent, bidders’ security shall be required. Bidders shall be entitled to return of The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
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bid security upon execution of the contract or upon the readvertisement for bids; provided, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The awarding authority may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the awarding authority awards the contract to the next lowest bidder, the bidder first awarded the contract shall forfeit only the portion of his security, which is equal to the difference between his bid and the bid of the next lowest responsible bidder. If the next lowest bidder is awarded the contract and he fails or refuses to execute the contract, he shall forfeit his entire bid security.
2. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing agent, and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
3. Rejection of Bids. At its discretion, the awarding authority may reject any and all bids presented, and readvertise for bids.
4. Tie Bids. If two or more bids received are for the same total amount or unit price, quality, service and delivery being equal, and if the public interest will not permit the delay of readvertising for bids, the awarding authority may accept the one it chooses, or accept the lowest bona fide offer by negotiation with the tie bidders at the time of the bid opening.
5. Payment and Performance Bonds. The purchasing agent shall have authority to require a performance bond before entering a contract, in such amount as it shall be found reasonably necessary to protect the best interests of the city. If the purchasing agent requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
6. Purchases of goods or services that can be obtained from only one source may be made by the purchasing agent without advertising and after approval by the awarding authority.
(10) Goods and/or General Services—Competitive Bidding and Contract Award Thresholds.
The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
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(a) Purchases up to $2,500 (Over the Counter). Purchase of goods, supplies, equipment, or services not involving a unique ability and not exceeding an estimated value of up to $2,500 may be made by the department director over the counter. Quotations are encouraged. Purchases may be made by the relevant department director.
(b) Purchases Between $2,501 and $10,000 (Open Market Procedures).
Purchase of goods, supplies, (other than library books and periodicals), equipment, or services not involving a unique ability with an estimated value above $2,500 and not exceeding $10,000 may be made by the department director in the open market after obtaining written quotations. Written quotations shall be submitted to the department director, and routed to the purchasing agent for final verification. Purchases are awarded by the department director. The city attorney shall determine whether the required written agreements for the purchase shall be in purchase order or contract form.
(c) Purchases Between $10,001 and $30,000 (Open Market Procedures).
Purchase of goods, supplies, (other than library books and periodicals), equipment, or services not involving a unique ability with an estimated value above $10,000 and not exceeding $30,000 may be made by the purchasing agent in the open market after obtaining written quotations solicited by written notice inviting quotations. Written quotations shall be submitted to the department director, and routed to the purchasing agent for final verification. Purchases are awarded by the purchasing agent. The city attorney shall determine whether the required written agreements shall begin purchase order or contract form.
(d) Purchases Above $30,000 (Formal Sealed Bidding). Purchase of goods, supplies (other than library books and periodicals), equipment, or services not involving a unique ability and exceeding an estimated value of $30,000 shall be made by formal sealed bidding, using city’s standard bidding templates, associated product specifications, and/or scope of services, except as otherwise provided herein. Notification to prospective bidders must be provided by issuing a notice inviting bids, published and processed in accordance with the procedures identified in the purchasing policy, and sent to names on the bidders’ list. Award of contract shall be made by the city council. Written contracts shall be required for purchases made under this section, and reviewed by the city attorney. The purchasing agent is authorized to execute such contracts on behalf of the city, attested to by the city clerk.
The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
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(11) Best Value Procurement and Qualifications-Based Selection. Best value procurement and qualifications-based selection shall be undertaken in accordance with the purchasing policy.
(12) Professional Services. Contracts for services of specially trained and professional persons or businesses shall be exempt from bidding. No solicitation method is required but quotations are encouraged; contracts for architects and engineers shall be on a qualifications-based selection process. If the contract is equal to or below $30,000, the contract shall be reviewed by the city attorney and require the approval of, and be executed by, the city manager. All contracts exceeding $30,000 must be reviewed by the city attorney and approved by the city council.
(13) Encumbrance of Funds. Except in cases of emergency and as approved by the city manager and later ratified by the city council, the purchasing agent shall not issue any purchase order for goods, supplies, equipment, nonprofessional services or services not involving a unique ability for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged. Emergency transactions may be subject to Public Contract Code Sections 1102 and 22050.
(14) Inspection and Testing of Materials and Services. The purchasing agent may inspect supplies and equipment delivered, and determine their conformance with the specifications set forth in the order or contract. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries, which are necessary to determine their quality and conformance with specifications.
(15) Surplus Supplies and Equipment. All using departments shall submit to the purchasing agent, at such times and in such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The using department, with the concurrence of the purchasing agent, shall have authority to sell all supplies and equipment which cannot be used by any department, or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment.
City manager approval is needed for sale of supplies and/or equipment when the total estimated value exceeds $10,000. The purchasing agent shall also have the authority to make transfers between departments of any usable surplus supplies or equipment.
(16) Splitting Orders to Avoid Competitive Bidding or More Rigorous Purchasing The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
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Procedures Prohibited. Purchases of supplies, materials, equipment or services shall not be split into smaller orders or components for the purpose of avoiding competitive bidding or more rigorous purchase procedures. (17) Equipment Leasing Agreements.
(a) As used in this section:
1. “Leasing of nonpurchasable equipment” means equipment which is available through “lease only” plans;
2. “Leasing purchasable equipment” means equipment which can be acquired through “lease with option to purchase” type plans; (b) Equipment Leasing. Leasing of purchasable or nonpurchasable equipment shall be in accordance with subsections (7), (8), (9), (10) and/or (19) of this section.
(18) Maintenance Agreements.
(a) As used in this section, “maintenance agreements” means agreements with maintenance service providers for the maintenance of city equipment in good operating condition subject to terms and conditions agreeable to both the provider and the city.
(b) Maintenance agreements shall be signed or terminated before agreement expiration by the purchasing agent with prior approval of the department head responsible for the equipment.
(19) Noncompetitive Procurements. Nothing contained in this section shall prohibit procurement made by sole source, single source, or cooperative procurement methods as addressed through and in accordance with the purchasing policy, where competitive bidding may otherwise be required. (20) Library Books and Periodicals. The city librarian may purchase library books, periodicals, audiovisual, CD-ROM, and electronic format materials in accordance with the budget approved by the city council. (21) Nothing contained in this section shall prohibit the city from purchasing supplies, services or equipment, without complying with the herein bidding procedure, from a supplier who offers the same or better price, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; provided, that the competitive procurement process of the other agency meets The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
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or exceeds the standards of the city, is for like or greater quantities and that, in the opinion of the purchasing agent, it is in the best interest of the city. (22) Purchases Utilizing Federal Funding. Uniform guidance requirements contained in the Code of Federal Regulations at 2 CFR 200.318 through 200.327 shall be followed when purchasing goods and services that utilize federal grants funds. (Ord. No. 2048, § B; Ord. No. 2096, § 1; Ord. No. 2180, § 1, 2008; Ord. No. 2187, § 9, 2009; Ord. No. 2299, § 2, 2016; Ord. No. 2369, § 1, 2022.) The South Pasadena City Code is current through Ordinance No. 2373, and legislation passed through February 1, 2023.
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DATE:
FROM:
City Council
Agenda Report
October 4, 2023
Armine Chaparyan, City Manager
PREPARED BY: Luis Frausto, Management Services Director Alma Medina, Senior Management Analyst
ITEM NO.
--
SUBJECT: Consideration of Approval of an Amendment to the Agreement with California Metro Patrol for Security Guard Concierge Services in an Amount Not-to-Exceed $84,600 and to Extend Agreement for up to 12 Months
Recommendation
It is recommended that the City Council consider approving the amendment to the agreement with California Metro Patrol for security guard concierge services to increase the contract amount by $84,600, extend the agreement for up to an additional 12-month period, and authorize the City Manager to execute the amendment.
Executive Summary
The City Council is requested to consider approving an amendment to the agreement with California Metro Patrol to continue providing security guard concierge services as staff finalizes and releases a Request for Proposal (RFP) for services. In March 2023, City staff initiated a security services pilot program to provide security guard concierge services in the amount of $23,021. The proposed amendment seeks an additional $84,600 and extends the term for up to 12 additional months to continue the pilot program and allow for time for staff to complete a competitive bid process (RFP) for ongoing security services. The increase to the contract amount will use existing budget appropriation that was part of the FY 2024 budget; no additional funding is being requested.
Background
The original agreement with California Metro Patrol was approved in March 2023 to initiate a pilot program for security services as City Hall experienced the return of residents and patrons for services. The concierge security services are used to direct foot traffic at the facility and allow for better service delivery as customers are better served and attended to. Services have continued and the amount currently due to the vendor for services rendered as of the time that this staff report was written stands at $15,519. Therefore, staff is requesting that the agreement be amended to extend the term.
Amendment to Agreement with CA Metro Service Patrol
October 4, 2023
City staff has observed improved customer service in relation to the concierge security services as well as increased sense of safety on-site. Costs for this service have been included in the Fiscal Year 2023-2024 (FY 2024) budget in the amount of $120,000.
Staff has prepared an RFP and is currently in final review for release. Once the RFP is released and proposals are received, staff will return to the City Council with a recommendation on a proposed vendor and respective contract.
Analysis
As of the time that this staff report was composed, the City has incurred approximately $38,540 for security concierge services rendered by California Metro Patrol. The services rendered by California Metro Patrol have been well received by staff as they have more time and ability to perform their duties because they no longer direct people to where to go for City business or services. California Metro Patrol has been a cooperative partner to the City, as they have continued to render services even after the contract expired. They are also conveniently located in the neighboring City of Pasadena and have been used by the Pasadena School District and the City of Azusa.
The current concierge guard that has been provided by California Metro Patrol directs incoming residents and community members to the correct departments in accordance with their requests. Guests are also instructed to sign in to keep track of individuals coming in. Aside from directing traffic, the services also include support for staff, as there have been incidents where incoming patrons have harassed staff. Although this does not occur often, staff previously called the Police Department for assistance. With the services provided by California Metro Patrol, staff no longer need to rely on the Police Department, alleviating those resources back into the community.
As the City continues to do business, especially in the upcoming election year, staff believes that the influx of foot traffic at City Hall will continue to grow. Staff will release an RFP in the next few months to procure security concierge guard services. The proposed amendment will allow staff enough time to go through the process while also keeping consistency in service delivery to the community by not disrupting operations.
Fiscal Impact
The proposed amendment seeks to increase the contract authority with California Metro Patrol by $84,600, bringing the revised total contract amount to a ceiling of $107,621.
As a part of the FY 2024 budget, the Management Services Department has allocated $120,000 for city hall security in Account No. 101-2030-2031-8200 (Management Services- Contract Services), so no additional funding is being requested. Although staff is requesting approval for an up to 12-month extension, funding to cover the extension is budgeted for security services. If the funds are not expended as part of this agreement, the funds will be released and used for the contract awarded through the RFP process after the contract is awarded and the current agreement with California Metro ends.
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Amendment to Agreement with CA Metro Service Patrol
October 4, 2023
Attachments:
1. Proposed Amendment to Agreement with California Metro Patrol
2. Agreement with California Metro Patrol
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ATTACHMENT 1
Proposed Amendment to Agreement with California Metro Patrol 11 - 5
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AMENDMENT TO
AGREEMENT WITH CALIFORNIA METRO PATROL FOR SECURITY GUARD
CONCIERGE SERVICES
THIS AMENDMENT (“Amendment”) is entered into as of June 30, 2023 by and between the CITY OF SOUTH PASADENA (“CITY”) and CALIFORNIA METRO PATROL. (“VENDOR”).
RECITALS
WHEREAS, on March 27, 2023, the CITY and VENDOR entered into an Agreement for SECURITY GUARD CONCIERGE SERVICES (“Agreement”) for VENDOR to perform SECURITY GUARD CONCIERGE services for the City; and WHEREAS, the original Agreement was in the amount of $23,021.60; and WHEREAS, the CITY desires to execute an amendment to increase the compensation in an amount not to exceed of $84,600 and extend the term for up to an additional twelve months, as needed, to June 30, 2024. The aggregate total of Agreement and this Amendments is a sum total of $107,621.60; and NOW THEREFORE, THE CITY AND THE VENDOR AGREE AS FOLLOWS:
Section 1. The term of the Agreement as described on the first page of the Agreement is hereby revised as follows: “Service Start Date”: March 27, 2023 through June 30, 2024, as needed and determined by the City (“Term”).” Section 2. The Agreement is amended to incorporate the following provision:
The City shall compensate Vendor for the services provided to the City at the hourly rate set forth in the Agreement. However, in no event shall Vendor be paid more than $107,621 during the Term for the services.
Section 3. The Agreement is amended to incorporate the following provision:
The City may terminate this Agreement at any time for any reason or no reason after giving written notice to Vendor at least ten calendar days before the termination is to be effective. Vendor shall cease all work under this Agreement on the effective date of termination specified in the notice. In the event of termination by the City, due to no fault of Vendor, Vendor shall be paid based on the services performed through the date of termination. Vendor shall have no other claim against by the City by reason of such termination.
Section 4. Except as expressly modified by this Amendment, all other provisions of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendment shall control.
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“City”
City of South Pasadena
By:_____________________________
Signature
Printed: Arminé Chaparyan
Title: City Manager
“Vendor”
California Metro Patrol
By:______________________________
Signature
Printed:
Title:
Attest:
By:__________________________
Mark Perez , Deputy City Clerk
Approved as to form:
By:___________________________
Roxanne Diaz, City Attorney
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ATTACHMENT 2
Agreement with California Metro Patrol
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INTENTIONALLY
LEFT BLANK
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~;~:d;~~'.~~:~(:!~.~~:ii~ard #SBB SECURITY SERVICES AGREEMENT 9 PPO 17588 • (BBB) 788 · 0813
CA FORN A
THIS AGREEMENT is entered into as of this _ 27'" _ d ay of_ MARCH _,_ 2023 _, by and b etween CALIFORNIA METRO PATROL & EMS, INC, DBA: CALIFORNIA METRO PRIVATE SECURln' PATROL OBA: CALIFORNIA METRO PATROL, DBA: CMP (h ereinafter "Service Provider") and: ACT # SPAS 1414 MS Client: _ ______ City of South Pasad e na - City H a ll ____ _ A ddress: ________ 1414 Mission Street _______ _
Contact: _ Police - Front Desk ( 6 26} 403 - 7270 _
_ City Hall Main Des k ( 626} 403 - 723 0_
City: __ South Pasadena__ State: California Z ip Code:_ 91030 _ Client/ Bi lling e-mail: [Tamra Binns] _ [email protected] Service Start Date: _March 2751, 2023 thru June 30th, 2023_ CLIENT/Billing e-mail: _ [email protected] _ Type of Serv ice: Rate: Coverage: [ Domenica M egerdi chian] Daily Patrol _See Addendum CMP Officers ass igne d 4 Days a week as described in the ADDENDUM. Officers □ RAPID A LARM Response _FREE - San Marino_ posted & visibility present at the FRONT ENTRY of CITY HALL as a Concierge for [g) Posted U N-ARMED Officer _See Addendum_ Greeting and Custom er Service to work in Conjunction with Staff will assist in IF N eed ed for Special Events o r $Momhly • nd10
' 110
urly VERIFING Visitors when entering. Report or Address Crimes in Progress at the fate is based on NEW
Post ed A RMED O fficer
D NO Trespassing Signs
[8J Property Walk
TEMPORARY Services. Prope rty, re main visible & vigilant while assigned to ensure a saf e &secure environment. Officers w ill b e o b servant to unwanted p er son s Damaging/Entering/Burg lariz ing the property.
*** O t h e r Terms: CMP & City of South Pasadena will ev aluate this Agreement for renewal of r eserves w ith option of reoccurring services. **** California Metro Patrol Officers that are Registered and Qualified for "Armed" service w ith California Bureau of Security and Investigative Services **** Client h as request ed CMP to provide & CMP agrees to prov ide services checked above & described her ein in accordance with the t erms of this agreement. 1 . PAYMENT AND TERMS
A. THE TOTAL MONTH LY FEE FOR SERVICES W ILL BE BILLED AN D PAYABLE TO: California Metro Patrol J:Z]j MONTHLY - Bi lled 10 days PRIOR to END of Period (For Services) Invoi cing e-mail: [email protected] 0 _____ ALARM COMPANY - For Other A lar m Companies - Billed a t A dditional $ 185.00/ Month. 0 RAPID A LARM Response - INCLUDED FREE clients w i th SAN MARINO SECURITY with CMP Patrol Services _ CLIENT HAS REQUESTED BILLING AND PAYABLE TERMS CHECKED ABOVE AND DESCRIBED HEREIN IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. PAYMENT IS DUE UPON RECEIPT OF AN INVOICE. IN ADDITION, THE CLIENT WILL PAYTHE PRO-RATE FEE FOR THE MONTH IN WHICH SERVICE BEGINS.
B. THE ORIGINAL TERM OF THIS AGREEMENT FOR SERVICES SHALL BE THREE (3) MONTHS AND NO RENEW FOR ANY ADDITIONAL PERIOD UNLESS EITHER PARTY GIVES THE OTHER ATLEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF ITS INTENTION TO CONTINUE THE TEMPORARY AGREEMENT. SERVICE PROVIDER MAY INCREASE THE SERVICE FEE AT ANY TIME AFTER THE ORIGINAL TERM OF THIS AGREEMENT BY GIVING THE CLIENT THIRTY (30) DAYS PRIOR WRITTEN NOTICE. IF CLIENT IS UNWILLING TO PAY THE INCREASED SERVICE FEE, CLIENT MAYTERMINATE THIS AGREEMENT BY GIVING SERVICE PROVIDER WRITTEN NOTICE WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THE INCREASE. IF THE CLIENT GIVES THE SERVICE PROVIDER WRITTEN NOTICE TO CANCEL THIS AGREEMENT, CLIENT M UST OBTAIN
WRITTEN CONFIRMATION OF RECEIPT OF CANCELLATION NOTICE FROM THE SERVICE PROVIDER IN ORDER FOR THE CANCELLATION OF THIS AGREEMENT TO TAKE
EFFECT, IF CLIENT HAS M ADE PAYMENTS FOR SERVICES IN ADVANCE TO SERVICE PROVIDER, SERVICE PROVIDER WILL REFUND ADVANCED PAYMENT TO CLIENT WITH THE PRO-RATA FEE FOR THE MONTH IN WHICH SERVICE ENDS. THIS REFUND WILL BE DUE WITHIN THIRTY (30) DAYS OF THE DATE OF CANCELLATION OF THIS AGREEMENT. THIS RATE & TERM ISA SPECIAL OFFERING BASED ON PROFESSIONAL RELATIONSHIP WITH CITY of SOUTH PASADEN A & IS NOTTRANSFERRABLE.
GENERAL TERMS APPLICABLE TO All OPTIONS:
CLIENT ACKNOWLEDGES THATTHE SERVICE FEE IS BASED UPON EXISTING FEDERAL, STATE AND LOCAL TAXES AND CHARGES. SERVICE PROVIDER SHALL HAVE THE RIGHT, AT ANY TIME, TO INCREASE THE SERVICE FEE TO REFLECT ANY ADDITIONAL OR INCREASED TAXES, LICENSES. PERMITS OR FEES WHICH MAY BE CHARGED TO SERVICE PROVIDER BY ANY UTILITY OR GOVERNMENTAL AGENCY RELATING TO THE SERVICES PROVIDED HEREUNDER, AND CLIENT AGREES TO PAY THE SAM E. SPECIAL SERVICES IS NOT INCLUDED IN THE MONTHLY FEE. THERE IS NO FINANCE CHARGE OF COST OF CREDIT ASSOCIATED WITH THIS AGREEMENT.
2. ACKNOWLEDGMENT; RECEIPT OF COPY: CLIENT ACKNOWLEDGES THAT PRIOR TO SIGNING THIS AGREEMENT, CLIENT RECEIVED, READ AND UNDERSTOOD A LEGIBLE EXACT AND COMPLETELY FILLED IN COPY OF THIS AGREEMENT.
3. SERVICE PROVIDER'S LIM ITED LIABILITY: WE DO NOT REPRESENT OR WARRANTTHATTHE SERVICE WILL PREVENT ANY LOSS BY BURGALRY, HOLDUP, FIRE OR OTHERWISE, OR THAT THE SERVICE WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED. YOU ACKNOWLDGE AND AGREE THAT (A) WE HAVE MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED AS TO THE SERVICE, NOR HAVE YOU RELIED ON ANY REPRESENTATIONS OR WARRANTIES. EXPRESS OR IMPLIED; (B) YOU ASSUME ALL RISK OF LOSS OR DAMAGE TO YOUR PREMISES OR TO THE CONTENTS EREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THIS AGREEMENT, PARTICULARLY PARAGRAPH 10 IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR ANYONE ELSE.
ALL OF rHE f[RMS ON l'AG[ TWO ANO ON ALL ATTA(HM[NTS AR[ PART or THIS AGRFEMENT. R[AD THEM 13fr0R[ SIGNING BEi ow. YOU, I Hr (Ll[Nl . MAY (ANCEL THIS AGREEMENT AT ANYTIME, BY GIVING THIRTY DAYS WRITTEN NOTICE, EHl(flVLY MAKING l HISAGRELMENT AMONlH TO MONTH AGREEMFN f .
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CALIFORNIA METRO PATROL&EMS, INC.
By: ___ ~PeJte{t ___ Date; _3- 21 - 2023_ Date; _3 - 27 - 2023_ Printed Name: _ Joseph Perez _ Title: _ Operations Chief _ Printed NaD OV'{l ~~~ ~.z~ry~i~~~~i.D ~j?~ger _ THIS AGREEMENT W ILL NOT BE BINDING UPON CALIFORNIA METRO PATROL & EM~, INC. U NTl~ HER (1) SIGNED BY ONE O~CALIFORN IA METRO PATRO L & EMS, INC'S OWNERS/ MANAGERS, OR (2) CALIFORNIA METROL PATROL & EMS, INC. STARTS THE SERVICES. IN THE EVENT O F DISAPPROVAL, CALIFORNIA METRO PATROL & EMS, INC. SH A LL ONLY BE O BLIGATED T O REFUND ANY PAYMENTS PREVIOUSLY M ADE TO CA LIFORNIA METRO PATROL & EMS, INC. AS AN ADVANCE A GA INST SERVICES DESIRED HEREUNDER. 11 - 12
4. 5.
6. 7.
8. DESCRIPTION OF SERVICE:
client authorized Service Provider (if applicable) LO enforce Client's property rules and regulations and LO cause the arrest of any person or persons on or around Client's location who are unauthorized by Client 10 be on Client's property and to hold such person or persons until released by Client, his known representative or law enforcement. If Service Provider's personnel observe criminal activity or other threats to Client's premises, Service provider's personnel will take appropriate prudent action, and if Service Provider deems necessary Service Provider will notify the proper law enforcement, emergency personnel and/or the first available person on the Client's emergency call list. CLIENT
UNDERSTANDS AND AGREES THAT SERVICE PROVIDERS PERSONNEL, INCLUDING BUT NOT LIMITED TO, PATROL OFFICERS AND DISPATCHERS DO NOT HAVE SPECIAL ARREST OR LAW ENFORCEMENT POWERS AND MAY ONLY ACT AS ORDINARY CITIZENS. Client hereby authorizes Service Provider to cause the tow of any unauthorized vehicles on or around client's premises. In the event that Service Provider should be requested or required 10 tow a vehicle, it is understood and agreed to, that Service Provider is to be held harmless, from any and all costs and actions surrounded by said tows. Client may request to increase coverage of services subscribed or decrease coverage, or subscribe to other or additional services Service Provider offers by verbal and or written notice under the terms of this Agreement. h is agreed to and understood that Service Provider may su pply Client with written report. but Service Provider's failure 10 do so does not constitute a reduction in service or a breach hereunder. Client in no event shall make any deductions from invoices as a result of any security officer's failure to leave and provide reports. Client shall pay Service Provider at the rate of 565.00 per hour, with a minimum of four (4) hours, for any and all time spent by Service Provider or Service Provider's personnel in connection with any legal court action originated on the Client's location in connection with any assigned duties hereunder.
PATRO[ SERVICB: Patrol service shall consist of uniformed Patrol Officers in marked Service Provider vehicles patrolling Client's premises by vehicle and or on foot on a random an or scheduled number of patrols basis. In the event a Patrol Officer(s) is required to be stationed at the location for more than sixty minutes, an hourly charge of $1 18.00 per hour MAY APPLY, with a minimum of two hours. The charge shall be due and payable upon Client's receipt of Service Providers invoice for such charge. The Client and Service Provider agree that in the event of an emergency, or in the event a patrol officer is engaged at another location or incident, or in the event Service Provider may be short staffed, it may not be possible for Service Provider to provide the random and/or scheduled number of patrols on a given day. Client agrees to hold Service Provider harmless from any liability resulting therefrom ALL COSTS SUPERCEIDED BY: Posted ARMED Officer COST in ADDENDUM Page.
B. RAPID ALARM RESPONSE: If Client has elected to subscribe to patrol response service, Service Provider shall dispatch a Patrol Officer as a result of receiving a call from Client, persons authorized by Client (e.g., monitored alarm systems from third party providers) or others who have reason to believe that a crime is occurring or is about to occur on Client's premises. Service Provider MAY CHARGE Client for a response over their allotted amount and if in the event a Patrol Officer is required 10 be stationed at the location for more than sixty minutes, an hourly charge of S11B.00 per hour MAY APPLY with a minimum of one (1) hour. The charge shall be due and payable upon Client's receipt of Service Provider's invoice for such charges. ALL COSTS SUPERCEIDED BY: Posted ARMED Officer COST in ADDENDUM Page.
C. RAPID ALARM SERVICE: CMP will respond 10 the client's home alarm. CMP Officers will respond to client's premises on a requested dispatch responses. CMP reserves the right to Not Respond and Revert the Alarm Response back to Local Law Enforcement for Alarm Response if the client fa ils to compensate EITHER Service Provider (CMP -or-Alarm Company). Client agrees 10 hold EITHER Service Provider harmless from any liability resulting therefrom. Testing Alarm/Response is prohibited unless there is ONE (1) Day prior notice 10 BOTH CMP and the clients alarm company. In the event that CMP Officers are required to maintain a presence at the location for more than thirty minutes, an hourly charge of $118.00 per hour MAY APPLY, with a minimum of one hour. The charge shall be due and payable upon client's receipt of Service Provider's invoice for such charge. Client and Service Provider agree that in the event of an emergency or in the event Service Provider's personnel is engaged monitoring another incident, or in the event Service Provider may be short staffed, it may not be possible for Service provider 10 provide the response. Client agrees 10 hold Service Provider harmless from any liability resulting therefrom. ALL COSTS SUPERCEIDED BY: Posted ARMED Officer COST in ADDENDUM Page POSTED OFFICER SERVIC : Posted Officer service is agreed to upon Client's request to Service Provider. Posted Officer shall consist of uniformed Patrol/Standing Officers in mar e uni arm s o t e Service Provider that will execute the above agreed to specifications, du ring the pre-arraigned shifts, and will remain on the premises as agreed.
This service to be charged for prevailing agreed to rate. The charge shall be due and payable upon two-week Client's receipt of Service Provider's invoice for such charges SERVICE PROVIDER'S DUTIES: Patrol officers and dispatchers while on duty shall be completely outfitted with a uniform and all necessary equipment and all supplies necessary to accomplish the assigned duties as determined by Client and Service Provider. The services provided for by this Agreement shall be performed by qualified, efficient and dedicated personnel in strict accordance with the recognized and best practices and with the standards and special instructions issued by Client. All personnel are the sole responsibility of Service Provider and at all times subject to the direct supervision and control of Service Provider. Service provider will have the sole responsibility for paying all salaries and taxes and all other expenses related to all personnel in the employ of Service Provider CLIENT'S DUTIES: In the case of a Client with a System or Cameras, Client will instruct Client's employees, family members and other who may use the system or Cameras on its proper use. Client will obtain and keep in effect all permits and licenses that may be required for the installation and operation of the System or Cameras. Client will pay all usage fees imposed by any governmental agency. Client will provide an emergency call list which will include the name, telephone number and position of each person Service provider may call in the event Service Provider believes there is an emergency at Client's premises and other emergency information Service provider may request. Client will provide written notice of any changes in information such as Client's emergency call list, service instructions and procedures. Client agrees that Service Provider may provide the information in Client's call list to any governmental agency having jurisdiction over Service Provider Client a~rees that it will not either during the terms of this Agreement or for a period of two (2) years following the termination, hire or cause to be hired for its own employment any of the personnel of Service Provider who may or may not have performed services at any time in connection with the carrying out of the terms of this Agreement. It is further agreed that Service Provider is neither an employmen t agency nor a clearinghouse for people, and the personnel it furnishes a re made possible only by a substantial investment in advertising, recruiting, testing and training its personnel. In consideration of the above mentioned time and expense invested in personnel. in the event Client hires or causes 10 be hired for its use and benefit any of Service Provider's personnel, Client agrees 10 pay Service Provider a replacement fee of three thousand five hundred ($3,500.00) dollars, or the actual costs incurred by Service Provider, according 10 proof, whichever is higher, for each and every employee.
FALSE ALARMS: Client agrees that Client or others using or having control over the System (including, but not limited 10 Client's alarm dealer or Monitoring Facility) will use it carefully so as to avoid causing false alarms. False alarms can be caused by severe weather or other forces beyond Service Provider's control. If Service Provider receives too many false alarms or dispatch requests where no emergency exists, Service Provider MAY CHARGE for or Cancel response services. If fa lse alarm fines or penalties are charged to Client or Service Provider by any governmental agency, Client will pay the charge or repay Service Provider for the charge as the case may be.
SUSPENSION OR CANCELLATION OF THIS AGREEMENT; DELINQUENCY CHARGE: Client understands that Service Provider may stop or suspend services if, (a) severe weather, earthquake, natural disasters, or "Acts of God" affect the operation of Client's premises or damage Client's premises such chat continuing service would be impractical, (b) Service Provider is unable to provide service because of some action or ruling by any governmental authority, (c) Service is terminated or suspended for any reason, (d) Client becomes a debtor in a bankruptcy proceeding, or Client does not pay the service fee, after Service Provider has given Client notice that Service Provider is cancelling service because of non-payment. Service Provider may charge a service re-establishment fee if service is suspended for non-payment. If Client fails 10 make any payment when due Service Provider may discontinue service, terminate this Agreement and recover all damages to which Service Provider is entitled including the value of the service performed and all amounts 10 Service Provider for the unexpired term of the Agreement. In addition, Service Provider may impose a late charge on all payment made more than thirty (30) days past due in the maximum amount permi11ed by California law.
9. ASSIGNEES AND SUBCONTRACTORS: Service Provider may not transferor assign this Agreement LO any other alarm, patrol or response company or financing institution without notice to Client. Client may not transfer this Agreement 10 someone else (including someone who purchases or rents Client's Premises) unless Service Provider pre-approves the transfer in writing. If Service Provider uses su6contractors 10 provide service, this Agreement and particularly paragraph 10 shall apply 10 them and the work they perform and protect them in the same manner as it applied 10 and protects Service Provider.
10. SERVICE PROVIDER IS NOT AN INSURER; LIMITATION OF LIABILITY: CLIENT UNDERSTANDS THAT (a) SERVICE PROVIDER 15 NOT AN INSURER OF CLIENT'S PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN CLIENT'S PREMISES, (b) THE AMOUNT CLIENT PAYS TO SERVICE PROVIDER 15 BASED ONLY ON THE VALUE OF THE SERVICE THAT SERVICE PROVIDER 15 PROVIDING HEREUNDER, (c) THE SERVICE THAT SERVICE PROVIDER MAY PROVIDE MAY NOT ALWAYS OPERATE PROPERLY FOR VARIOUS REASONS, (d) IT 15 DIFFICULT TO DETERMINE IN ADVANCE THE VALUE OF CLIENT'S OR ANY OTHER PERSONS' PROPERTY THAT MIGHT BE LOST, STOLEN OR DESTROYED IF THE SERVICE FAILS TO OPERATE PROPERLY, (e) IT 15 TO DETERMINE IN ADVANCE HOW FAST THE POLICE OR FIRE DEPARTMENT OR OTHERS WOULD RESPOND TO A REQUEST FOR HELP, (f) SERVICE PROVIDER SHALL NOT HE HELD LIABLE OR RESPONSIBLE FOR LOSS AND/OR DAMAGE TO PERSONS OR PROPERTY CAUSED DIRECTLY OR INDIRECTLY BY TH E PERFORMANCE, OR LACK OF PERFORMANCE, OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT. 11 . LIMITATION ON LAWSUITS; WAIVER; SEVERABILITY; GOVERNING LAW: Both Service Provider and Client agree that no demand for arbitration, lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one year after the incident giving rise 10 the claim. A waiver by Client or Service Provider of any term or condition of this Agreement in any instance shall not be deemed or construed 10 be a waiver of such term or condition int he future, or any subsequent breach thereof. If any provision of this Agreement as applied to either Client or Service Provider or any circumstance shall be adjudged by a court 10 be void and unenforceable, such shall in no way affect any other provision of this Agreement, the application of such provision in any other circumstance, or the validity or enforceability of this Agreement. This Agreement shall be construed in accordance with the laws of the State of California applicable to agreements which are executed and fully performed within said state without regard" to California's conflicts of interest rules
12. ENTIRE AGREEMENT: Except as expressly set forth herein, this Agreement (and any Exhibits or Schedules a11ached hereto) is the sole and entire agreement between Client and Service Provider and supersedes all prior representations, negotiations, promises, understanding or agreements, whether oral or wriuen, between Client and Service Provider with respect 10 the subject mailer hereof.
13. SERVICE PROVIDER LICENSE: PRIVATE PATROL OPERATORS ARE LICENSED AND REGULATED BY THE BUREAU OF SECURITY AND INVESTIGATIVE SERVICE, CALIFORNIA STATE DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO, CALIFORNIA, 95814, www.bsis.ca.gov. Client Initials: ___ _ 11 - 13
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SECURITY SERVICES - ADDENDUM
Prepared for: City of South Pasadena - City Hall
1414 Mission Street, South Pasadena, CA 91030
Attn: City of South Pasadena - City Hall Main (626) 403-7230 Police Department Main (626) 403-7270
March 21st, 2023
Accepted By l,{IJJ,Ht)q /(Jt..,~ol Si ed ~
Printed Name: l)OffiU..iW W~cU.iAV\
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CALIFORNIAMETR0PATROL corv· PROPP. ET ARY AND CONF"ID["lTIAL 11 - 14
ADDENDUM - Posted CONCIERGE (Plain Clothes Security Officer) California Metro Patrol is pleased to provide the following services to City of South Pasadena City Hall/ Police Department, for Concierge plain clothes security officer inside the City Hall facility. CMP is grateful for the opportunity to fulfil security services to meet security needs of City Hall and Police Department.
CONCIERGE SECURITY INCLUDES:
CMP will provide and support our clientele to mitigate security incidents the following:
• Entry area visibility and entry verification of patrons to City Hall • Armed/Un-Armed escorts with qualified and trained officers for City Personnel • Requested Additional venues for city sanctioned events and special events
ARMED PATROL OFFICERS
All of CM P's armed security officers receive regular firearms training with a veteran range master, Phil Rapagna (Retired Pasadena Police Department) Budget
Unarmed Concierge plain clothes security officer
Posted Concierge plain clothes security officer primary responsibility of greeting and welcoming city visitors and staff at City Hall and Police Department. Concierge focuses on keeping the public informed and a safe environment for city visitors and city employees. Additionally being available to the city council members for escorts and personal attention for their needs.
CALIFCRNIAMETROPAF=!OL cor.,
BUDGET
$ 41 .11 / Hour
PPOPRIE::TARY A"-iD '"'G°'lF-IDENf AL
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Security Summary
This California Metro Patrol ADDENDUM covers on-site Concierge plain clothes security detail of 1414 Mission Street, South Pasadena CA 91030. The City of South Pasadena falls in the geographic boundaries of CM P's regular service and patrol area.
ADDITIONAL Patrols can be or that are requested will be performed randomly through the shift to increase effectiveness of service.
Concierge security services are to cover the following schedule:
Required set days per week 10 hours a day (8am -to- 6pm):
1. Monday -thru- Thursday 4 days
*The set schedule times are determined by the City of South Pasadena:
• Scheduled by city hall staff or assigned Police Department designee • Police Officers may be summoned for additional response during the day Additional Security Detail
For added security or a scheduled event, in an Emergency Situation or at "Cities Request", If necessary, a detail of one (1) to three (3) security officers, with a 4-hour minimum and up to 8-hour maximum per shift for events or requested service in a time of need. These additional CMP Officers can be assigned for such events as city sanctioned public events if the need arises for additional staffing.
Patrol Response
During the assigned detail, CMP offers added Patrol Officers to respond and enhance the assigned Concierge plain clothes Officer, which increases the layered security service during the day and times of service, If a situation requires additional CMP resources in such instances as a crowd control up-rising where need oversight by security is requested.
CALIFORNIAMErROPA.TROL COM PRC'PRIETARY AI\JD CONFIDENTIAL 11 - 16
BILLING CYCLE
Invoicing for a specialized Posted & Patrol Security officer detail and Patrol response:
• Issued Monthly
• Payment due 21-day net after electronic e-mail receipt DETAIL
CMP Concierge plain clothes officer will provide the City Hall / Police Department with a welcoming and customer service based greeter with the ability to address immediate security needs as a buffer until South Pasadena Police personnel can arrive on-scene to address and resolve a security need or breach in the safety of the City Hall facility.
This detail will focus on areas of concerns:
• Greeting the general public and assisting with directions around City Hall • Integrity of the property, surroundings, perimeter and pathways around City Hall; maintaining high visibility to deter unwanted activity or potential theft or threat • Assigned on-call patrol supervisor for the account to ensure compliance of the assigned officer and supplemental resource should the need arise Other Budget Coverage
HOLIDAY COVERAGE
Billed at Holiday Rate $98.88/hr (ONLY if Requested by the City of South Pasadena) CMP requests a 1-month advanced notice of scheduling Officers for Holiday coverage.
In the event that we do not receive a 1-month advance notice, the hours will be billed at double rate time.
COURT TIME
Billed at $118.00/hr (Only if the Officer is NOT with-in regularly assigned hours), with a 4-hour minimum for morning and afternoon sessions, should an officer be called to testify in a criminal/civil case related to a city incident, court time is billed accordingly.
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California Metro Patrol Team
CMP's management team has a combined 114 years of law enforcement and civil service experience and diverse expertise in security and protection. Along with our proven safety experience, we are customer-focused and emphasize building trusted relationships through client satisfaction. The team is headed by Joseph Perez and supported by a cadre of retired law enforcement and civil service members.
On behalf of Chief Joseph Perez and the California Metro Patrol team, thank you for your ACCEPTANCE of this executed Concierge security services plan. Please feel free to contact us with any questions you might have. We strive to meet the needs and the security strategy set fourth for the City of South Pasadena -1414 Mission Street, South Pasadena, CA 91030.
Very Sincerely,
Joseph A. Perez
Operations Chief
[email protected] I (562) 888-3788
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Certificate of Liability
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ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY} ~ 3/24/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAMr~· Betty Baldivia
El Dorado Insurance Agency, Inc. r,ngNio i;..tl• (713) 521-9251 I fffc Nol: (7131521-0125 El Dorado Sec Srvs Ins Agy :~cru~ss:[email protected] 3673 Westcenter Drive INSURERfSl AFFORDING COVERAGE NAIC# Houston TX 77042 INSURER A: Certain Underwriters at Lloyd's London 32727 INSURED INSURER B: Proaressi ve Insurance 29203
California Metro Private Security Patrol INSURER c : Kinsale Insurance Comnany 38920 1308 East Colorado Blvd., #588 INSURER D: Norauard Insurance Comoanv 31470 INSURERE:
Pasadena CA 91106 INSURERF:
COVERAGES CERTIFICATE NUMBER:Special 12/22 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POUCYEFF POUCYEXP LTR 10..ICn \An.In POLICY NUMBER LIMITS fMM/DD/YYYY\ fMM/DD/YYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A I CLAIMS-MACE ~ OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $ 50,000
~ Professional Liabilitl MPL4014449.22 12/11/2022 12/11/2023 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000
-
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ ••<> Loe PRODUCTS • COMP/OP AGG $ 1,000,000 POLICY JECT OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 lEa accident) - X ANYAUTO BODILY INJURY (Per person) $
B - ALL OIM-.IED - SCHEDULED
AUTOS AUTOS 00541921-0 11/18/2022 5/18/2023 BODILY INJURY (Per accident) $ - - NON-0\M-.IED PROPERTY DAMAGE
HIRED AUTOS AUTOS IPer accident\ $
- - $
UMBRELLA UAB ~OCCUR EACH OCCURRENCE $ 3,000,000 - C X EXCESSUAB CLAIMS-MACE AGGREGATE $ 3,000,000 OED I I RETENTION $ 0100109956-3 12/11/2022 12/11/2023 $ WORKERS COMPENSATION XI ~~fTuTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE
□ N/A E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? D (Mandatory In NH) CAWC332302 12/2/2022 12/2/2023 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The General Liabi1ity policy includes a blanket automatic additiona1 insured endorsement that provides additional insured status to the certificate ho1der only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature on1y when there is a written contract between the named insured and the certificate holder that requires it. $250,000 Assault & Battery limits included The Workers' Compensation policy includes a b1anket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Stage & Standup Production, Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 24 North Mentor ACCORDANCE WITH THE POLICY PROVISIONS.
Pasadena, CA 91106 AUTHORIZED REPRESENTATIVE
I
R.L. Ring, Jr./BETTY .
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
INS025 (201401)
The ACORD name and logo are registered marks of ACORD
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COMMENTS/REMARKS
named insured and the certificate holder that requires it.
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
11 - 21
~'~ HISCOX PROn, General Liability Coverage Part (Occurrence) C. Limited liability
companies
D. Other organizations
E.
F.
G.
H.
I.
J.
Trusts
Employees
Volunteer workers
Real estate managers
Amateur athletic
participants
Newly acquired or formed
organizations
K. Additional insureds
WCL P0002 CW (10/14)
If you are a duly organized limited liability company, your members and their spouses are insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers.
If you are an organization (including a professional corporation) other than a partnership, joint venture, or limited liability company, your directors and officers are insureds, but only with respect to their duties as your directors or officers. Your stockholders and their spouses are also insureds, but only with respect to their liability as your stockholders.
If you are a trust, your trustees are insureds, but only with respect to their duties as your trustees.
Your employees are insureds, but only while in the course and scope of their employment by you or while performing duties related to the conduct of your business.
Your volunteer workers are insureds, but only while in the course and scope of their activities related to the conduct of your business performed on your behalf or at your direction.
Persons (other than your employees) or organizations acting as your real estate managers are insureds, but only with respect to their duties as your real estate managers.
Any person representing you while participating in an amateur athletic activity you sponsor is an insured. However, no such person is an insured for:
1. bodily injury to:
a. a co-participant, your employee, or your volunteer worker while also participating in the amateur athletic activity you sponsor; or
b. you or any of your partners, members, or officers; or
2. property damage to property owned, occupied, or used by; rented to; or in the care, custody, or control of:
a. a co-participant in the amateur athletic activity you sponsor, your employee, or your volunteer worker; or
b. you or any of your partners, members, or officers.
If there is no other similar insurance available, any organization you acquire or form during the policy period, and in which you have majority ownership or interest at the time of an occurrence or offense covered by this Coverage Part, will qualify as an insured. This coverage is effective on the date of acquisition or formation and is afforded only until the 180th day after you acquire or form the organization, or the end of the policy period, whichever is earlier.
There is no coverage for the acquired or formed organization for:
1. bodily injury or property damage that occurred; or
2. personal or advertising injury arising out of an offense that was committed, before you acquired or formed the organization.
The acquired or formed organization is an insured only with respect to the conduct of your business.
If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are insureds:
1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you.
However, there is no coverage for such additional insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional insured.
Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
11 - 22
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 (Ed. ~84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be ~ % of the California workers' compensation premium otherwise due on such remuneration.
Person or Organization
Alliance Residential, LLC
WinnResidential
City of Pasadena
Schedule
Job Description
Patrol serices@289 N Elmoline Ave, Pasadena CA 91101
Walking Patrol of property
Security at 1020 N Fair Oaks Avenue, Pasadena, CA
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective
Insured
Policy No. CAWC332302
Insurance Company
Endorsement No.
Countersigned By ______________________ _
©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
City Council
Agenda Report ITEM NO. ____
DATE: October 4, 2023
FROM: Arminé Chaparyan, City Manager
PREPARED BY: Luis Frausto, Management Services Director Mark Perez, Deputy City Clerk
SUBJECT: Consideration of Approval of City Council Meeting Minutes for February 15, 2023 and March 1, 2023
Recommendation
It is recommended that the City Council consider the approval of the minutes for the Regular Meetings of February 15, 2023 and March 1, 2023.
Executive Summary
Attached for the City Council’s consideration and approval are meeting minutes for various dates as listed on the agenda and hereby included as attachments to this staff report.
Background
The City Clerk’s Division is responsible for producing meeting minutes for the City Council meetings. Meeting minutes are used as the official record of the actions taken by the City at the direction of the City Council.
Key Performance Indicators and Strategic Plan
This item aligns with the Management Services Department’s Key Performance Indicator to provide quick access to information and accountability, ensuring public transparency.
Fiscal Impact
There is no fiscal impact anticipated as Division staff is facilitating the work related to this project.
Attachments:
1. February 15, 2023 Special Joint City Council and Planning Commission Meeting Minutes
2. March 1, 2023 Regular City Council Meeting Minutes
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ATTACHMENT 1
February 15, 2023 Special Joint City Council and Planning Commission Meeting Minutes
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CITY OF SOUTH PASADENA
SPECIAL JOINT MEETING OF THE CITY
COUNCIL AND PLANNING COMMISSIN
M I N U T E S
WEDNESDAY, FEBRUARY 15, 2023, AT 6:30 P.M.
CALL TO ORDER:
The Special Joint Meeting of the South Pasadena City Council and the Planning Commission was called to order by Mayor Primuth on Wednesday, February 15, 2023, at 6:30 P.M. in the Amedee O. “Dick” Richards, Jr. Council Chambers, located at 1424 Mission Street, South Pasadena, California.
ROLL CALL:
PRESENT Mayor Jon Primuth
Mayor Pro Tem Evelyn G. Zneimer
Councilmember Janet Braun
Councilmember Michael A. Cacciotti
Councilmember Jack Donovan
Chair John Lesak
Vice-Chair Laura Dahl
Commissioner Amitabh Barthakur
Commissioner Lisa Padilla
ABSENT
Commissioner Arnold Swanborn
Mark Perez, Deputy City Clerk, announced a quorum.
CITY STAFF PRESENT:
Arminé Chaparyan, City Manager; Andrew Jared, City Attorney; Tiara Solorzano, Management Assistant; Mark Perez, Deputy City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. 12 - 5
Special Joint Meeting Minutes February 15, 2023
South Pasadena City Council and Planning Commission Page 2
PUBLIC COMMENT
1. PUBLIC COMMENT
Zoom Public Comments:
Joanne Nuckols spoke regarding the fifth draft of the housing element.
Bill Kelly spoke in support of the staff’s recommendation on the item and affordable housing.
Josh Albretkson spoke regarding the order of public comment and in support of the housing element and its compliance.
In-Person Public Comment:
Sheila Rossi spoke regarding community engagement and the housing element.
ACTION/DISCUSSION
2. RECEIVE HOUSING ELEMENT PRESENTATION AND PROVIDE DIRECTION ON 5TH DRAFT
Recommendation
It is recommended that the City Council:
1. Receive a staff presentation on the Housing Element; and
2. Provide direction as necessary on the 5th Draft.
Community Development Director Angelica Frausto-Lupo introduced the item, staff, and consultant Grant Henninger.
Consultant Grant Henninger, Planning Manager Matt Chang, Deputy Director of Community Development Alison Becker, and Senior Management Analyst Leah Demarest gave a presentation on the item.
Staff and City Attorney Jared answered questions and addressed concerns from City Council and the Planning Commissioners.
Mayor called a ten-minute recess at 8:10 P.M.
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Special Joint Meeting Minutes February 15, 2023
South Pasadena City Council and Planning Commission Page 3
COUNCIL ACTION AND MOTION
After extensive discussion between the Council, Commissioners, and staff, City Council supported the recommendations provided in the staff report, to include all programs presented in the next draft of the Housing Element.
ADJOURNMENT
There being no further matters, Mayor Primuth adjourned the Special Joint Meeting of the City Council and the Planning Commission at 8:20 P.M.
Respectfully submitted:
_______________________________
Mark Perez
Deputy City Clerk
APPROVED:
_______________________________
Jon Primuth
Mayor
ATTEST:
________________________________
Mark Perez
Deputy City Clerk
Approved at City Council Meeting:
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March 1, 2023 Regular City Council Meeting Minutes
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CITY OF SOUTH PASADENA
CITY COUNCIL - REGULAR MEETING
M I N U T E S
WEDNESDAY, MARCH 1, 2023, AT 7:00 P.M.
CALL TO ORDER:
The Regular Meeting of the South Pasadena City Council was called to order by Mayor Primuth on Wednesday, March 1, 2023, at 7:11 P.M. in the Amedee O. “Dick” Richards, Jr. Council Chambers, located at 1424 Mission Street, South Pasadena, California.
ROLL CALL:
PRESENT Mayor Jon Primuth
Mayor Pro Tem Evelyn G. Zneimer
Councilmember Janet Braun
Councilmember Michael A. Cacciotti
ABSENT Councilmember Jack Donovan
Tiara Solorzano, Administrative Secretary, announced a quorum.
CITY STAFF PRESENT:
Arminé Chaparyan, City Manager; Holly Whatley, City Attorney; Tiara Solorzano, Administrative Secretary; Mark Perez, Deputy City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
The Flag Salute was led by Councilmember Cacciotti.
CLOSED SESSION ANNOUNCEMENTS
1. CLOSED SESSION ANNOUNCEMENTS
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Regular Meeting Minutes South Pasadena City Council March 1, 2023
A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
1. City of South Pasadena, et al. vs California Department of Transportation, et al. (LASC Case No. 21STCP01779)
2. Travelers Ins. v. So. Pasadena (LASC Case No. 22STCV22759) B. REAL PROPERTY NEGOTIATIONS
(Government Code Section 54956.8)
1. Property Address: 660 Stoney Drive
Agency Negotiator: Arminé Chaparyan, City Manager
Negotiating Party: Arthur Becerra, South Pasadena Batting Cages, LLC Under Negotiation: Price and Terms
2. Property Address: 308 San Pascual Avenue
Agency Negotiator: Arminé Chaparyan, City Manager
Negotiating Party: Anthony Vargas and Daisy Maldonado
Under Negotiation: Lease Terms
C. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL LITIGATION
(EXPOSURE)
Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
D. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL LITIGATION (CITY
INITIATING)
Government Code Section 54956.9(d)(4)
Number of Potential Cases: 1
Zoom Comments:
Roberto Flores (United Caltrans Tenants) spoke regarding an amicus brief in the 626 Prospect litigation matter.
Meg Mcglaughlin spoke regarding the Caltrans property.
Closed Session began at 5:33 P.M. with Councilmember Donovan and Mayor Pro Tem Zneimer absent. All other Councilmembers were present.
Mayor Pro Tem Zneimer joined the meeting during the Closed Session deliberations.
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Regular Meeting Minutes South Pasadena City Council March 1, 2023
Assistant City Attorney Holly Whatley reported that on a 3-0 (Mayor Primuth recused) vote, the City Council directed staff to initiate litigation on Item D.
The details of the litigation are to be reported at a future meeting date. No other reportable action was taken.
PUBLIC COMMENT
2. PUBLIC COMMENT – GENERAL – GENERAL (NON-AGENDA ITEMS) Zoom Public Comments:
Alan Ehrlich spoke regarding the agenda PowerPoints.
Yvonne LaRose spoke regarding utility charges.
In-Person Public Comments:
Shlomo Nitzani spoke regarding the City the sidewalks and water bill issues.
RECOGNITION / INTRODUCTION
3. PRESENTATION RECOGNIZING THE MONTEREY PARK INCIDENT FIRST
RESPONDERS
Fire Chief Riddle and Monterey Park Fire Chief Matthew Hallock recognized Sam Benites and Adam Tregenza for their service during the Monterey Park Incident.
4. MERCHANT MINUTE – MISSION WINES
Laurie Wheeler, South Pasadena Chamber of Commerce, introduced Coronado Ramiro of Mission Wines.
5. PRESENTATION OF A PROCLAMATION DECLARING MARCH 7, 2023 AS “ARBOR DAY” IN THE CITY OF SOUTH PASADENA
Mayor Primuth and Deputy City Clerk Mark Perez presented the Proclamation declaring March 7, 2023 as “Arbor Day” in the City of South Pasadena.
6. PRESENTATION OF A PROCLAMATION FOR THE CITY OF SOUTH PASADENA’S 135TH
BIRTHDAY
Mayor Primuth and Management Analyst Mary Jerejian presented the Proclamation declaring the City of South Pasadena’s 135th Birthday.
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Regular Meeting Minutes South Pasadena City Council March 1, 2023
CHANGES TO THE AGENDA
7. REORDERING OF, ADDITIONS, OR DELETIONS TO THE AGENDA None.
CONSENT CALENDAR
Councilmember Cacciotti pulled Item Nos. 8 and 14 for separate discussion. A motion was made by Councilmember Cacciotti, seconded by Mayor Pro Tem Zneimer and approved by roll call vote to approve Consent Calendar Items Nos. 9-13, as presented. The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
8. APPROVAL OF PREPAID WARRANTS IN THE AMOUNT OF $27,859.18; GENERAL CITY WARRANTS IN THE AMOUNT OF $318,612.63; VOIDS IN THE AMOUNT OF ($2,935.00); ONLINE PAYMENTS IN THE AMOUNT OF $125,917.50; PAYROLL IN THE AMOUNT OF $638,533.32
Recommendation
It is recommended that the City Council approve the Warrants as presented.
Community Services Director Sheila Pautsch gave a presentation and answered questions from Mayor Pro Tem Zneimer.
Councilmember Cacciotti thanked staff for purchases made in the city.
COUNCIL ACTION AND MOTION
Councilmember Cacciotti requested to pull this item for separate discussion.
A motion was made by Councilmember Cacciotti, seconded by Mayor Pro Tem Zneimer and approved by roll call vote to approve Item No. 8, with modifications to the staff report to reflect a change to invoice no. 54973 from Colantuono, Highsmith & Whatley changing the description of service provided from litigation to Public Records Request Services. The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
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Regular Meeting Minutes South Pasadena City Council March 1, 2023
9. APPROVAL OF FINANCE DIRECTOR SALARY SCHEDULE ADJUSTMENT AND RESOLUTION FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $25,747
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTH PASADENA, CALIFORNIA, ADOPTING A
SALARY RANGE ADJUSTMENT FOR THE FINANCE
DIRECTOR POSITION
Recommendation
It is recommended that the City Council:
1. Approve a salary schedule adjustment for the Finance Director classification;
2. Approve a resolution to make the adjustment for the salary schedule; and
3. Appropriate $25,747 to Finance Department Salaries – Permanent Account 7000 from General Fund Reserves and Water and Sewer Fund balances.
Deputy City Manager Domenica Megerdichian gave a presentation.
A motion was made to approve recommendation on the Consent Calendar.
Resolution No. 7805 was adopted.
10.APPROVAL OF A PARTNERSHIP WITH THE SOUTH PASADENA CHINESE
AMERICAN CLUB TO HOST THE ANNUAL ASIAN AMERICAN PACIFIC
ISLANDER HERITAGE EVENT
Recommendation
It is recommended that the City Council approve a partnership with the South Pasadena Chinese American Club (SPCC) to host the Annual Asian American Pacific Islander (AAPI) Heritage event.
A motion was made to approve recommendation on the Consent Calendar.
11.ADOPTION OF A RESOLUTION APPROVING UPDATED JOB DESCRIPTIONS
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH PASADENA, CALIFORNIA, ADOPTING UPDATED JOB
DESCRIPTIONS
Recommendation
It is recommended that the City Council adopt a resolution to approve revised Job Descriptions to ten Classifications.
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Regular Meeting Minutes South Pasadena City Council March 1, 2023
A motion was made to approve recommendation on the Consent Calendar.
Resolution No. 7806 was adopted.
12.APPROVAL OF A TASK ORDER WITH ANNEALTA GROUP FOR STREET
IMPROVEMENT PROGRAM AND PROJECT MANAGEMENT
Recommendation
It is recommended that the City Council:
1. Authorize the City Manager to execute a Task Order under an existing Master On- -Call Professional Services Agreement with Annealta Group (Consultant) to facilitate the project delivery of multiple street improvement projects and develop a 5-year comprehensive and focused Street Improvement Program. The Task Order is in the amount of Seventy-Two Thousand and Four Hundred Thirty-Five Dollars ($72,435), including a $65,850.00 fee, based on the rates in the Approved Fee Schedule in Annealta’s Master Agreement, and a 10% contingency of $6,585;
2. Authorize an appropriation of $72,435 from the City’s available Measure M Local Return to Public Works Measure M Professional Services Expenditure Account No. 236-6010-6011-8170-000 for this work and reduce Street Repairs – 2023 appropriations by $72,435, Expenditure Account No. 236-9000-9203-9203-003; and
3. Authorize the City Manager to execute all related documents on behalf of the City.
A motion was made to approve recommendation on the Consent Calendar.
13.ADOPTION OF A RESOLUTION MAKING APPOINTMENTS TO THE METRO
GOLD LINE FOOTHILL EXTENSION CONSTRUCTION AUTHORITY BOARD OF
DIRECTORS
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, APPOINTING SPECIFIC
REPRESENTATIVES TO THE METRO GOLD LINE FOOTHILL
CONSTRUCTION AUTHORITY
Recommendation
It is recommended that the City Council adopt a resolution appointing the following to the Los Angeles County Metropolitan Transportation Authority (Metro) Gold Line Foothill Extension Construction Authority (Construction Authority) Board of Directors as follows:
1. City of Glendora Councilmember Mendell Thompson - Voting Board Member for 12 - 16
Regular Meeting Minutes South Pasadena City Council March 1, 2023
a term of two years ending March 1, 2025;
2. City of Ontario Mayor Paul Leon - Alternate for Voting Board Member for a term of two years ending March 1, 2025; and
3. Daniel Evans for reappointment as a Non-Voting Board Member for a term of four years ending March 1, 2027.
A motion was made to approve recommendation on the Consent Calendar.
Resolution No. 7807 was adopted.
14.APPROVAL OF MAYOR’S LIST OF CITY COUNCIL LIAISON AND REGIONAL
GROUP APPOINTMENTS
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, APPOINTING DELEGATES,
REPRESENTATIVES, AND ALTERNATES AS OFFICIAL
REPRESENTATIVES OF THE CITY OF SOUTH PASADENA,
SUPERSEDING RESOLUTION NO. 7802
Recommendation
It is recommended that the City Council:
1. Approve the Mayor's list of City Council Liaison and Regional Group Appointments to various commissions, boards, and committees.
2. Adopt a Resolution, superseding Resolution No. 7802, appointing delegates representatives, and alternates as official representatives of the City of South Pasadena.
COUNCIL ACTION AND MOTION
Councilmember Cacciotti requested to pull this item for separate discussion.
A motion was made by Councilmember Cacciotti, seconded by Mayor Pro Tem Zneimer and approved by roll call vote to approve Item No. 14, with modifications to edit the Metro Gold Line Construction Authority appointments to have Mendell Thompson as the appointed liaison and Paul Leon as the alternate. The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
Resolution No. 7808 was adopted.
INFORMATIONAL REPORT
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Regular Meeting Minutes South Pasadena City Council March 1, 2023
15.INFORMATIONAL UPDATE OF THE POLICE DEPARTMENT’S ELECTRIC
VEHICLE TRANSITION PROJECT
Recommendation
It is recommended that the City Council receive an update on the status of the Police Department's electric vehicle transition project.
Public Works Director Ted Gerber and Police Sergeant Tony Abdalla gave a presentation. Staff responded to questions raised by the City Council.
Zoom Comments:
Josh Albrektson spoke regarding public Electric Vehicle chargers.
Wes Reutimann spoke regarding the electrification project.
Bill Kelly spoke regarding the electrification project.
Diego Tomas Zavala spoke regarding the electrification of the City’s Police fleet.
Jose Luis Zavala spoke regarding the electrification project.
In-Person Public Comments:
Tim Kim, President of POA spoke regarding the electrification project.
John Cervantes spoke regarding the electrification project.
Walter Cervantes spoke regarding the electrification project.
Sam Burgess spoke regarding the electrification project.
Alan Ehrlich spoke regarding the electrification project.
Mayor Pro Tem Zneimer expressed support for the project and emphasized its positive impact on the environment and the positive impact that we are leaving for our children.
Councilmember Braun emphasized the need to provide the Police with the most up-to-date and best tools in order to do their jobs. She acknowledged the City Council’s fault in allowing the City’s Police fleet to get to its current condition.
Councilmember Cacciotti thanked the Policed Officer’s Association for their testimony, the Police Chief, and the City Manager’s Office for their work on this project. Cacciotti highlighted the City’s advantageous position in being one of 12 - 18
Regular Meeting Minutes South Pasadena City Council March 1, 2023
the first Cities to implement this effort. He highlighted his attendance at a meeting of the Mobile Source Air Pollution Reduction Review Committee (MSRC), where he recommended in discussion that they invest in a transformative transportation project. He emphasized how the City of South Pasadena submitted a proposal and, out of 39 applicants, was selected to receive 500 thousand dollars. He highlighted the efforts of the City of Glendale to incorporate the City of South Pasadena’ Gas powered leaf blower ban and public outreach tactics. He stated that the City of South Pasadena is the Gold Standard in this initiative.
Mayor Primuth thanked the City Council and staff on their efforts on this project.
Hearing no opposition, the status update was received and filed.
PUBLIC COMMENT – CONTINUED
16.CONTINUED PUBLIC COMMENT – GENERAL
None.
COMMUNICATIONS
17.COUNCILMEMBER COMMUNICATIONS
Mayor Pro Tem Zneimer had no comments.
Mayor Primuth had no comments.
Councilmember Braun had no comments.
Councilmember Cacciotti spoke on attending the Girl Scout Gold Award Project with Councilmember Braun. He highlighted the clean up going on at the Nature Park. He recognized the work of Mary Ann Parada who had recently passed. He highlighted his recent attendance at the California Core Program in Glendale and the need to remain cautious around the Arroyo Seco which is unusually full due to the recent rains.
18.CITY MANAGER COMMUNICATIONS
City Manager Chaparyan announced the publication of the City’s first Social Services Resource Guide. Assistant to the City Manager Tamara Binns stated that it is available at counters at all city facilities, the chamber of commerce and online and will be updated yearly.
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Regular Meeting Minutes South Pasadena City Council March 1, 2023
City Manager Chaparyan announced the upcoming Catalytic Converter Etching Event and the Special Joint Meeting with the Finance Commission on March 15th to include discussion on Midyear Adjustments and the Budget Process.
ADJOURNMENT
There being no further matters, Mayor Primuth adjourned the regular meeting of the City Council at 9:20 P.M., to the next Regular City Council meeting scheduled on Wednesday, March 15, 2023. City Council reconvened into closed session following adjournment.
Respectfully submitted:
_______________________________
Mark Perez
Deputy City Clerk
APPROVED:
_______________________________
Jon Primuth
Mayor
ATTEST:
________________________________
Mark Perez
Deputy City Clerk
Approved at City Council Meeting:
12 - 20
City Council
Agenda Report ITEM NO. ___
DATE: October 04, 2023
FROM: Arminé Chaparyan, City Manager
PREPARED BY: Roxanne Diaz, City Attorney
SUBJECT: Second Reading and Adoption of an Ordinance of the City of South Pasadena Granting Authority to the City Manager to Execute Certain Contracts and Other Legal Instruments and Amending Section 2-18-6 of the South Pasadena Municipal Code
Recommendation
It is recommended that the City Council consider the adoption of an “Ordinance of the City of South Pasadena Granting Authority to the City Manager to Execute Certain Contracts and Other Legal Instruments and Amending Section 2-18-6 of the South Pasadena Municipal Code.”
Executive Summary
Government Code Section 40602 provides that the Mayor shall sign all written contracts and conveyances made or entered into by the City unless the City Council authorizes that such documents be signed by another officer of the City. At the August 16, 2023, City Council meeting, the City Council introduced for first reading an ordinance authorizing the City Manager to execute contracts and other legal documents whenever such documents have been authorized or approved by the City Council. This second reading was agendized for the September 27 Special City Council meeting and was continued to the October 4 Regular City Council meeting.
Background
As part of the City Attorney’s review of the City’s processes and procedures with a view towards streamlining and creating efficiencies and best practices, the City Attorney recommends adoption of the proposed ordinance. As part of the agenda process, City Staff presents contracts for the City Council’s review and approval. As part of the recommendation, Staff generally requests that the City Council authorize the City Manager to execute such contracts or other legal documents if approved by the City Council. Otherwise, Staff needs to arrange a time for the Mayor to execute these contracts either in person or via the City’s Docusign system. {x
U
13 - 1
13 Second Reading and Adoption of Ordinance
October 4, 2023
Formally authorizing the City Manager to execute and sign contracts and other documents authorized or approved by the City Council will eliminate the need for the City Council to grant this authorization on every agenda item and will create efficiencies in the process. A number of cities provide this authority to the City Manager. In this region, the cities of San Marino and Alhambra include as part of the City Manager’s powers and duties authority to execute contracts and other documents on behalf of the city.
Analysis
The ordinance, which was introduced at the August 16, 2023, City Council meeting, grants authority to the City Manager to execute contracts, conveyances, and other legal instruments, including but not limited to real estate documents and settlement agreements, on behalf of the City when such documents are authorized or approved by the City Council. This delegation of authority is permitted pursuant to Government Code Section 40602.
Public Notification
Pursuant to Government Code Section 36933, an ordinance adopted by the City Council is required to be published in its entirety in a newspaper of general circulation published and circulated in the City. An alternative to publishing the full ordinance is to publish a summary of the proposed ordinance and post a certified copy of the proposed ordinance in the City Clerk’s Office at least 5 days prior to the City Council meeting at which the ordinance is to be adopted. Due to the strict timeframe the full ordinance will be published in the South Pasadena Review within 15 days of adoption, as well as posted in the City Clerk’s Office with the names of the Councilmembers voting for and against the Ordinance.
Fiscal Impact
There is no fiscal impact if the City Council adopts the proposed ordinance.
Attachment: Ordinance
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ATTACHMENT
Ordinance
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CITY OF SOUTH PASADENA
ORDINANCE NO.________
AN ORDINANCE OF THE CITY OF SOUTH PASADENA
GRANTING AUTHORITY TO THE CITY MANAGER TO
EXECUTE CERTAIN CONTRACTS AND OTHER LEGAL
INSTRUMENTS AND AMENDING SECTION 2.18-6 OF THE
SOUTH PASADENA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SOUTH PASADENA, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose.
A. California Government Code Sections 40602(b) and (c) provide that the mayor of a city shall sign all written contracts and conveyances made or entered into by the city and all instruments requiring the city seal.
B. California Government Code Section 40602 further provides, however, that the legislative body of a city may provide, by ordinance, that contracts and conveyances and all instruments requiring the city seal be signed by an officer other than the mayor.
C. Pursuant to California Government Code Section 40602, this Ordinance amends the South Pasadena Municipal Code to grant such authority to the City Manager of the City of South Pasadena.
SECTION 2. Section 2.18-6 (Powers and Duties) of Article III (City Manager) of Chapter 2 (Administration) of the South Pasadena Municipal Code is hereby amended to add a new subsection “m” entitled “Execution of Contracts and Other Legal Instruments” to read as follows:
“(m) EXECUTION OF CONTRACTS AND OTHER LEGAL INSTRUMENTS.
The City Manager is authorized to execute all contracts and conveyances and any other legal instruments whether requiring the city seal or not, including but not limited to real estate instruments and legal settlement agreements, on behalf of the City whenever such contract or conveyance or other legal instrument has been authorized or approved by the City Council by ordinance, resolution, motion, minute order, contract, or other appropriate City Council action.” SECTION 3. Subsection 1 entitled “Additional Duties” of Section 2.18-6 (Powers and Duties) of Article III (City Manager) of Chapter 2 (Administration) of the South Pasadena Municipal Code is hereby re-lettered as subsection “L” in lowercase.
SECTION 4. The City Council declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive 13 - 5
Ordinance No. ____
legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.
SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in the manner prescribed by law, and this Ordinance shall become effective 30 days following its adoption.
PASSED, APPROVED AND ADOPTED ON this 4th day of October, 2023.
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
Mark Perez, Deputy City Clerk Roxanne Diaz, City Attorney 13 - 6
City Council
Agenda Report ITEM NO. _14
DATE: October 4, 2023
FROM: Arminé Chaparyan, City Manager
PREPARED BY: H. Ted Gerber, Director of Public Works
Tatevik Barakazyan, Associate Civil Engineer
SUBJECT: Accept Project Completion, Authorize Filing of the Notice of Completion for the Fair Oaks Avenue Traffic Signal
Improvements Project, and Authorize Release of the Retention Payment to Crosstown Electrical and Data, Inc. in the Amount of $27,368.57
Recommendation
It is recommended that the City Council consider:
1. Accepting the Fair Oaks Avenue Traffic Signal Improvements Project (Project) as complete; and
2. Authorizing the recordation of the Notice of Completion (NOC) with the Los Angeles County Registrar-Recorder County Clerk; and
3. Authorizing release of retention payment to Crosstown Electrical and Data, Inc. (Contractor) in the amount of $27,368.57.
Executive Summary
This item requests approval to close-out a completed Public Works Project, issue the final payment to the construction vendor, and report the completion to Los Angeles County.
Background
In August 2016, the City received a Local Highway Safety Improvement Program (HSIP) grant in the amount of $253,520 for the design and construction of fiber optic cable and devices along Fair Oaks, Huntington Drive, and Fremont Avenue, as well as a City Traffic Management Center (TMC). Additionally, in April 2017, the City Council executed Resolution No. 7511 to enter an agreement with Los Angeles County Metropolitan Transportation Authority (LACMTA) to use Proposition C 25% funds in the amount of $463,600 for the Project. The following table summarizes construction budget funding:
Funding Sources for Construction
LACMTA Prop C 25% HSIPL-5071(020) Total
$341,855.00 $253,520.00 $595,375.00
14 - 1
Notice of Completion for the Fair Oaks Avenue Traffic Signal Improvements Project October 4, 2023
Analysis
On July 21, 2021, the City Council authorized the award of a construction services contract in the not-to-exceed amount of $541,250, with a ten percent (10%) construction contingency of $54,125, for a total amount of $595,375 to Crosstown Electrical and Data, Inc. The scope of the project included the installation of fiber optic communication cable along Fair Oaks Avenue, Huntington Drive, and Fremont Avenue, the replacement of controllers and the installation of radar and thermal imaging devices, and the establishment of a TMC. The device installations will be used to improve the traffic signal timing and coordination along Fair Oaks Avenue from Columbia Street to Huntington Drive. The Project was completed within the budget and in a timely manner. The project was managed and inspected by the Public Works engineering staff and contracted staff.
A five-percent (5%) retention was withheld from the contractor until the project was complete, and this retention may now be released.
Fiscal Impact
The project was completed within the budget. The final project cost, including the 5% retention was $27,368.57. The following is the breakdown of the funding sources:
The remaining retention of $27,368.57 was for services provided in Fiscal Year 2022-23 and was budgeted in accounts 242-9000-9192-9192-001 and 277-9000-9192-9192-001 and will impact those funds.
Key Performance Indicators (KPIs) and Strategic Plan
This item is not related to KPIs or the Strategic Plan.
Commission Review and Recommendation
This item was not reviewed by a Commission.
Attachment
Notice of Completion
Funding
Source Account Number BudgetedAmount Invoiced Paid Retention (to be paid)
LACMTA Prop
C 25% 242-9000-9192-9192-001 $341,855 $341,855.00 $324,762.27 $17,092.73 HSIPL5071(020) 277-9000-9192-9192-001 $253,520 $205,440.24 $195,164.40 $10,275.84 Total $595,375 $547,295.24 $519,926.67 $27,368.57
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ATTACHMENT
Notice of Completion
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RECORDING REQUESTED BY:
AND WHEN RECORDED MAILTO:
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
A.P.N.: Order No.: Escrow No.:
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is _____________________________________________________________________________.
3. The FULL ADDRESS of the OWNER is __________________________________________________________________________..
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: ___________________________________________________ ____________________________________________________________________________________________ in fee.
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
________________________________________________ ________________________________________________________________ ________________________________________________ ________________________________________________________________ ________________________________________________ ________________________________________________________________
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
NAMES ADDRESSES
________________________________________________ ________________________________________________________________ ________________________________________________ ________________________________________________________________ ________________________________________________ ________________________________________________________________
7. A work of improvement on the property hereinafter described was COMPLETED ________________________________________.
8. The work of improvement completed is described as follows:
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
_____________________________________________________________________________________________.
10. The street address of said property is ________________________________________________________________ ______________________________________________________________________________________________.
Public Works Department
City of South Pasadena
1414 Mission Street, South Pasadena, CA 91030
Public Works Director (Agent)
N/A
N/A
N/A
N/A
N/A
N/A
2023
Crosstown Electrical and Data, Inc.
Fair Oaks Avenue, South Pasadena, CA 91030
1414 Mission Street
South Pasadena, CA 91030
Harold T. Gerber, PW Director
Fair Oaks Avenue Traffic Signal Improvements Project
Installation of fiber optic communication cable along Fair Oaks Avenue, Huntington Drive, and Fremont Avenue, the replacement of controllers and the installation of radar and thermal imaging devices, and the establishment of a City Traffic Management Center.
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11. The property on which said work of improvement was completed is in the City of __________________, County of _______________________, State of California, and is described as follows:
Date: ________________________________ ___________________________________________________________ (Signature of Owner or agent of owner)
Verification for INDIVIDUAL owner ______________________________________________________________________________:
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
_________________ _____________________________ ___________________________________________________________ Date and Place (Signature of owner named in paragraph 2) Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the _________________________________ ("PRESIDENT, PARTNER, MANAGER, AGENT, ETC.") of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
__________________ _____________________________ _________________________________________________________ Date and Place (Signature of person signing on behalf of owner)
South Pasadena
Los Angeles
October 4, 2023
Harold T. Gerber, P.E. (Agent)
Agent
October 4, 2023 South Pasadena
Harold T. Gerber, P.E. (Agent)
14 - 6
City Council
Agenda Report ITEM NO. ____
DATE: October 4, 2023
FROM: Arminé Chaparyan, City Manager
PREPARED BY: Angelica Frausto-Lupo, Community Development Director Alison Becker, AICP, Deputy Community Development Director Robert (Dean) Flores, Senior Planner
SUBJECT: Consideration Of The Adoption Of An (A) Ordinance To Rescind The Mission Street Specific Plan, And Adoption Of Ordinances To Amend The South Pasadena Municipal Code Chapter 36
(Zoning): (B) Pertaining To A New Mixed-Use Overlay District, Eliminating The Focus Area Overlay District, Adding
References To The New Downtown Specific Plan, Adoption Of A New Zoning Map, (C) Updating Affordable Housing Incentives Section, (D) Adding Employee Housing Sections, And (E)
Updating Inclusionary Housing Requirements.
Recommendation
It is recommended that the City Council consider adoption of the Ordinances on second reading as follows:
a. Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, RESCINDING THE MISSION STREET
SPECIFIC PLAN AS ADOPTED IN ORDINANCE NO. 2035
b. Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, AMENDING CHAPTER 36 (ZONING) OF
THE CITY CODE OF THE CITY OF SOUTH PASADENA RELATED TO
INCREASED DENSITY INCLUDING REZONING THE EXISTING
FOCUSED AREA OVERLAY ZONE TO MIXED-USE OVERLAY ZONE
AND AMENDING THE ZONING MAP IN COMPLIANCE WITH THE
UPDATED GENERAL PLAN AND THE 2021-2029 (6TH CYCLE)
HOUSING ELEMENT
c. Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, AMENDING DIVISION 36.370
15 15 - 1
Adoption of Second Reading of Zoning Code Amendments
October 4, 2023
(AFFORDABLE HOUSING INCENTIVES) OF ARTICLE 3 (SITE
PLANNING AND GENERAL DEVELOPMENT STANDARDS) OF
CHAPTER 36 (ZONING) OF THE CITY CODE OF THE CITY OF SOUTH
PASADENA TO REVISE REGULATIONS TO CONFORM TO STATE
DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTION
65915)
d. Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, AMENDING CHAPTER 36 ARTICLE 2
DIVISION 36.22 AND CHAPTER 36 ARTICLE 3 DIVISION 36.350 OF THE
CITY CODE OF THE CITY OF SOUTH PASADENA RELATING TO
EMPLOYEE HOUSING
e. Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, AMENDING DIVISION 36.375 OF THE CITY
CODE OF THE CITY OF SOUTH PASADENA CODE RELATING TO
INCLUSIONARY HOUSING REQUIREMENTS
Executive Summary
On September 27, 2023, the City certified the Program Environmental Impact Report (PEIR) prepared for the General Plan, Downtown Specific Plan, and Housing Element Implementation Ordinances Project, and thereafter adopted the updated General Plan with revisions, and Downtown Specific Plan (DTSP). This Project also includes amending the Zoning Code and Zoning Map to create a Mixed-Use Overlay District and development standards, updating the Zoning Map, and implementation of several programs identified in the Housing Element (Project). These implementation programs require new ordinances to be adopted into the City’s Municipal Code. The City Council introduced the ordinances at its meeting on September 27, 2023.
Background
The City Council adopted its 2021-2029 (6th Cycle) Housing Element on May 30, 2023.
However, in April 2022, the City was the subject of a lawsuit filed by Californians for Home Ownership, Inc. In August 2022, a Court Order, also known as a Stipulated Judgement, was issued requiring the City to take certain actions within certain timeframes in order to bring the Housing Element into compliance per Section 65754 of the Government Code.
As part of the Court Order and the Housing Element adoption process, environmental documentation pursuant to Government Code Section 65759(a) et. Seq. (which is separate from the CEQA process), was required. In keeping with Government Code Section 65759(a), an Initial Study and Environmental Assessment (EA) were prepared.
The City was compelled to comply with the Court Order, requiring the City to approve the Housing Element by May 31, 2023. The City Council’s adoption of the Housing Element on May 30, 2023, was consistent with this legal deadline. 15 - 2
Adoption of Second Reading of Zoning Code Amendments
October 4, 2023
The City now has an adopted Housing Element, General Plan and DTSP, but still must adopt Zoning Code/Map Amendments that implement several programs identified in the Housing Element, including, but not limited to, increased density in certain zoning districts to accommodate the City’s RHNA obligation and updating City’s Inclusionary Housing Ordinance and state Density Bonus program. The Court Order and applicable State law provides 120 days from approval of the Housing Element to adopt those documents and zoning amendments.
City Council Public Hearing
On September 18, 2023, the City Council held duly-noticed public hearings on the proposed General Plan, DTSP, PEIR, Zoning Code/Map Amendment pertaining to density increase, and Zoning Code Amendments pertaining to the 120-day Housing Element programs. The Council considered the staff reports and presentations prepared for the Project, received public comments during the meeting, and conducted Council discussion. At the end of the public hearings, the City Council continued the public hearing items to the next City Council meeting scheduled on September 27, 2023.
During the Special Meeting held on September 27th, the City Council adopted the PEIR, General Plan, and DTSP. The Council also introduced first reading on several Ordinances with modifications removing increased density to the RM (Residential Medium Density) and RH (Residential High Density) zones. Staff was instructed to further review the proposed density increase in the RM and RH zones.
Analysis
Ordinance No. (Rescinding Mission Street Specific Plan) This Ordinance will rescind the existing Mission Street Specific Plan (MSSP). The existing MSSP was adopted in 1996 as a companion document to the 1998 General Plan and was tailored to the particular needs of a specific area of the City (Mission Street). The area covered by the MSSP is now proposed to be expanded to include a segment of Fair Oaks Avenue. To better reflect the larger downtown area covered by the specific plan, the MSSP is proposed to be renamed the Downtown Specific Plan (DTSP), and therefore will eliminated.
Ordinance No. (Rezoning)
This Ordinance is to implement the Housing Element’s goal of increased density so that the City can meet its RHNA goal. More specifically, it will increase density in certain zoning districts as well as establish new development standards to meet this goal.
The ordinance will establish the Mixed-Use Overlay zone to replace the Focus Overlay zone. As part of the rezoning process, the Zoning Amendment will create Mixed-Use Overlay development standards to ensure that qualifying residential development projects are processed ministerially rather than through a discretionary review process, consistent with the Housing Element requirements to streamline residential development.
Per City Council direction, this ordinance does not include any density increases in the RM and RH Zones.
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Adoption of Second Reading of Zoning Code Amendments
October 4, 2023
Ordinance No. (Density Bonus)
This Ordinance seeks to update the City’s existing Density Bonus section (Section
36.370) of the SPMC to implement Housing Element Program 2.e—Facilitate Density Bonus for Projects with On-site Affordable Housing which will also ensure consistency with recent changes of state law. While multiple revisions to Division 36.370 are proposed, the changes reflect text clean-ups that would make the City’s code language consistent with State law and are considered routine.
Ordinance No. (Employee Housing)
The intent of this Ordinance is to establish Employee Housing as a permit-by-right use in certain zoning districts. This ordinance would implement Housing Element Program 2.h— Incentivize Special-Needs Housing and would make the SPMC consistent with California Employee Housing Act.
Ordinance No. (Inclusionary Housing Regulations)
This Ordinance will implement Housing Element Program 2.m—Update Inclusionary Housing Regulations to amend the City’s existing Inclusionary Housing ordinance (Section 36.375 of the SPMC) by reducing the inclusionary requirement from 20% to 15%, and would only apply to projects with ten (10) or more dwelling units.
Environmental Analysis
The Final Program Environmental Impact Report adopted by the City Council on September 27, 2023, considered each of the amendments contained in the Ordinances under consideration, and each ordinance relies on the certified Final Program EIR and environmental findings and statement of overriding considerations adopted therewith.
Based on the analysis presented in the PEIR, implementation of the General Plan and DTSP, along with the implementation programs contained in the 2021-2029 Housing Element, would result in several significant and unavoidable impacts after implementation of feasible mitigation measures.
A Statement of Overriding Considerations was adopted finding that benefits of the Project outweigh the adverse impacts associated identified in the Final PEIR.
Housing Element Environmental Assessment
In addition to the PEIR, an Initial Study in conformity with 14 CCR 15080(c) and an Environmental Assessment in conformity with 14 CCR 15140, et seq., were prepared for the preparation and adoption of the City’s 2021-2029 (6th Cycle) Housing Element. On May 30, 2023, the City Council approved the Environmental Assessment. The EA also covers these Housing Element implementation ordinances. 15 - 4
ATTACHMENT 1
Ordinance No. – Rescinding the Mission Street
Specific Plan (MSSP)
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1 CITY OF SOUTH PASADENA
ORDINANCE NO.______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOUTH PASADENA, CALIFORNIA, RESCINDING THE
MISSION STREET SPECIFIC PLAN AS ADOPTED IN
ORDINANCE NO. 2035
WHEREAS, the adopted 2021-2029 Housing Element calls for amendment of the City Code of the City of South Pasadena and adoption of the Downtown Specific Plan to update zoning designations to allow for additional housing to be constructed within the City; and,
WHEREAS, on May 1, 1996, the City Council adopted Ordinance No. 2035 adopting the Mission Street Specific Plan and making related zone changes; and, WHEREAS, the area governed by Mission Street Specific Plan is included in the new Downtown Specific Plan, which upon taking effect is intended to supersede the Mission Street Specific Plan; and,
WHEREAS, on August 21, 2023, the South Pasadena Planning Commission considered, among other things, the Downtown Specific Plan and the related rescission of the Mission Street Specific Plan Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter; and, WHEREAS, on August 21, 2023, the Planning Commission adopted P.C.
Resolution No. 23-06 recommending, among other things, adoption of the Downtown Specific Plan and Rescission of the Mission Street Specific Plan upon the effective date of the Downtown Specific Plan; and,
WHEREAS, on September 18 and September 27, 2023, the City Council, considered this Ordinance at duly noticed public hearings, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter; and,
WHEREAS, following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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2 Section 1. Recitals. The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this Ordinance.
Section 2. Findings. The City Council of the City of South Pasadena in approving the proposed Code amendments hereby makes the following findings:
A. This Ordinance is consistent with the South Pasadena 2021-2029 Housing Element, and the South Pasadena General Plan. Specifically, this Ordinance rescinds inconsistent Mission Street Specific Plan to achieve consistency at such time as the Downtown Specific Plan is adopted and becomes effective.
B. This Ordinance will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. Rescission of the Mission Street Specific Plan ensures that the Downtown Specific Plan governs the development of the downtown areas in the City.
Section 3. The City Council hereby rescinds the Mission Street Specific Plan.
Once this Ordinance goes into effect, the Mission Street Specific Plan shall be of no further force or effect, and shall be superseded by the Downtown Specific Plan.
Thereafter any reference in the South Pasadena City Code to the Mission Street Specific Plan shall be construed as a reference to the Downtown Specific Plan.
Section 4. Environmental Findings. This Ordinance reflects an action to implement the City’s adopted Housing Element, which was included within the scope of the Program Environmental Impact Report (PEIR) prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) for the General Plan Update, Downtown Specific Plan and Housing Element Implementation Project. The City Council, exercising its independent judgment, previously adopted Resolution No. [insert number] certifying the Final PEIR, making required findings, adopting a Mitigation Monitoring and Reporting Program, and adopting a Statement of Overriding considerations for the Project of which this Ordinance is a part. In approving this Ordinance, the City Council hereby relies on the environmental determinations and findings set forth in Resolution No. [insert number], which is hereby incorporated herein by reference. The amendments made by this Ordinance were also contemplated by the Environmental Assessment prepared and adopted in conjunction with the City Council’s adoption of the Housing Element. Each of these provide separate and independent bases demonstrating compliance with the CEQA.
Section 5. Severability. If any section subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause or 15 - 8
3 phrase hereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 6. Effective Date. This Ordinance shall take effect on the date the Downtown Specific Plan goes into effect, 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.
PASSED, APPROVED AND ADOPTED ON this 4th day of October, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
Mark Perez, Deputy City Clerk Roxanne Diaz, City Attorney 15 - 9
4 CITY OF SOUTH PASADENA
CITY CLERK’S DIVISION
CERTIFICATION OF ORDINANCE
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS
CITY OF SOUTH PASADENA)
I, Mark Perez, Deputy City Clerk of the City of South Pasadena, do hereby certify that Ordinance No. _____, was duly and regularly approved and adopted at a Regular meeting of the City Council on this 4th day of October, 2023, by the following votes as the same appears on file and of record in the Office of the City Clerk.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Mark Perez
Deputy City Clerk
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ATTACHMENT 2
Ordinance No. – Zoning Code/Map Amendment
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CITY OF SOUTH PASADENA
ORDINANCE NO.________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTH PASADENA, CALIFORNIA, AMENDING CHAPTER 36
(ZONING) OF THE CITY CODE OF THE CITY OF SOUTH
PASADENA RELATED TO INCREASED DENSITY INCLUDING
REZONING THE EXISTING FOCUSED AREA OVERLAY ZONE
TO MIXED-USE OVERLAY ZONE, AND AMENDING THE
ZONING MAP IN COMPLIANCE WITH THE UPDATED
GENERAL PLAN AND THE 2021-2029 (6TH CYCLE) HOUSING
ELEMENT
WHEREAS, Sections 65300 et. seq. of the California Government Code requires each city and county to adopt a comprehensive, long-term, General Plan for the physical development of land within its jurisdiction and Sphere of Influence; and WHEREAS, in strategic planning sessions in 2014 and 2015, the City Council identified the need to update the General Plan and the Mission Street Specific Plan (Project); and
WHEREAS, the City Council directed staff to expand the Mission Street Specific Plan to include the Fair Oaks Avenue Corridor, and the proposed Downtown Specific Plan (DTSP) will apply to the Fair Oaks Corridor, generally bounded by SR110 to the north and Lyndon Street to the south, and Mission Street Corridor generally bounded to the north by Hope Street and to the south by El Centro Street, and to the east to Brent Avenue and Indiana Avenue to the west.
WHEREAS, Sections 65580 et. seq. of the California Government Code requires each city and county to periodically prepare and update its Housing Element in its General Plan. The City of South Pasadena received the Regional Housing Needs Allocation (RHNA) numbers from the Southern California Association of Government in 2019 and started updating the 2021-2029 (6th Cycle) Housing Element; and
WHEREAS, on April 12, 2022, the City of South Pasadena was sued by Californians for Homeownership for non-compliance with State Housing Law for failing to have adopted a compliant Housing Element by October 15, 2021 (Californians for Homeownership v. City of South Pasadena, LASC Case Nos. 22STCP01388 & 22STCP01161); and
WHEREAS, on August 15, 2022, the City entered into a Settlement Agreement with Californians for Homeownership to resolve the lawsuit, and that the Settlement Agreement committed the City to a number of actions, including but not 15 - 13
2 limited to: completing the necessary rezoning to support the Housing Element within 120 days of the adoption of the Housing Element; and addition of a program to seek, through voter approval, the removal of the City’s existing 45-foot height limit for at least any parcel identified in the Housing Element for which the base density is anticipated to exceed 50 dwelling units per acre; and
WHEREAS, on August 19, 2022, the Settlement Agreement was adopted as the Court Order and committed the City to adopting a housing element certified by or eligible for certification by HCD no later than May 31, 2023; and WHEREAS, on May 30, 2023, the City Council held a duly noticed Public Hearing to consider the Draft Housing Element. After hearing public testimony on the Project, considering the staff report, staff presentation, and Council discussion, in keeping with the stipulations of the Court Order, the City Council adopted the Housing Element, thereby commencing the 120-day period in which the City must adopt changes to the Zoning Ordinance to support the Housing Element and its programs; and
WHEREAS, on June 3, 2023, and June 17, 2023, public workshops on the General Plan and DTSP were held wherein the community received a presentation and provided input on the Project; and
WHEREAS, on July 24, 2023, the Draft General Plan and DTSP were released for public comments; and
WHEREAS, on August 8, 2023, the Planning Commission held a duly noticed Public Hearing and continued to the Public Hearing to August 21, 2023, wherein the Planning Commission received a staff presentation, considered the staff report, public testimony, Planning Commission discussion, and all other materials and evidence, whether written or oral; and
WHEREAS, the Planning Commission considered this Ordinance on August 21, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or against this matter and continued the matter to a special meeting on August 23, 2023; and
WHEREAS, at the conclusion of the Planning Commission’s consideration of the matter on August 23, 2023, and after due consideration of the testimony, the Planning Commission adopted Resolution No. 23-08, recommending that the City Council adopt an ordinance making various amendments to City Code Chapter 36 (Zoning), including specific modifications as recommended by the Planning Commission, and amending the Zoning Map substantially as set forth in Exhibits A and B of this Ordinance; and
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3 WHEREAS, the City Council considered this Ordinance on September 18 and September 27, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or against this matter.
WHEREAS, the City Council, on September 27, 2023, considered this ordinance and revised it such that no change is made in densities in the RM and RH zones, and introduced this Ordinance as revised.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented, including public testimony and written and oral staff reports, and the environmental documentation, the City Council finds:
A. All necessary Public Hearings and opportunities for public testimony and comment have been conducted in compliance with applicable law; B. That the proposed Zoning Amendments comply with the Housing Goals in the 2021-2029 (6th Cycle) Housing Element and updated General Plan.
SECTION 3: ZONING AMENDMENT FINDINGS. South Pasadena Municipal Code (SPMC) Section 36.620.070(B) stipulates that Zoning Amendments and Zoning Map Amendments may be approved if the following findings are made:
1. Findings required for all Zoning Code/Map amendments. a. The proposed amendment is consistent with the actions, goals, objectives, policies, and programs of the General Plan.
The proposed Zone Text Amendments are consistent with the actions, goals, objectives, policies, and programs of the 2021-2029 (6th Cycle) Housing Element that was adopted on May 30, 2023. The current General Plan that was adopted in 1998 is not internally consistent with the recently adopted Housing Element. The Housing Element is one of the elements required by State law. Therefore, adopting an updated General Plan that implements the policies and programs of the 2021-2029 Housing Element, and the proposed Zone Text Amendments, would make the documents internally consistent. Further, the proposed Zone Text Amendments are 15 - 15
4 consistent with the following General Plan and Housing Element goals, policies, actions, or programs:
• General Plan Policy P3.2: Direct new growth to the Downtown, Ostrich Farm, and the three neighborhood centers along Huntington Drive; • General Plan Action A3.2b: Update the Development Code to encourage mixed-use, walkable, and contextual development; • General Plan Policy P3.5: Remove regulatory and procedural barriers to good design;
• General Plan Action A3.5a: Develop and adopt a Form-Based Code for the Downtown area and objective design standards for areas outside the Downtown area;
• Housing Element Goal 3.0: Provide opportunities to increase housing production;
• Housing Element Program 3.a: Rezone and redesignate sites to meet RHNA;
• Housing Element Program 3.n: Zoning Changes [to update development standards of residential development projects]; Therefore, the City Council hereby makes this finding in support of the Amendments.
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
The Zoning Text and Map Amendments would not be detrimental to the public interest, health, safety, convenience or general welfare of the City because it would achieve consistency, including with the adopted 2021- 2029 Housing Element. The implementation of the General Plan goals, policies, and actions further support the convenience and general welfare of the City by preserving existing single-family neighborhoods and focusing growth into specific areas where residents will have access to services and public transportation. The General Plan supports mixed-use, walkable neighborhoods, and provides the development capacity to accommodate projected future growth along with the housing programs identified in the Housing Element. Therefore, the City Council hereby makes this finding.
2. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
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5 The proposed Zoning Amendments are internally consistent with other applicable provisions of the Zoning Code. In addition to the proposed changes to increase density and provide objective standards for residential development projects, the proposed Zoning Amendments also include other ancillary changes to the Zoning Code to ensure internal consistency with other sections of the Code including updated references to the newly proposed adoption of the Downtown Specific Plan (DTSP), maintenance of the single-family zones (RE and RS zones), and modifications of allowable land uses in the Mixed-Use Overlay zone. Therefore, the City Council hereby makes this finding.
3. Additional finding for Zoning Map amendments. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/projects.
The proposed Zoning Amendments and Zoning Map Amendments are actions taken to implement the General Plan, DTSP, and Housing Element Implementation programs. As a result of these updates, the existing Zoning Map requires an update to remove the Focused Area overlay, establish the Mixed-Use overlay, remove the Mission Street Specific Plan, and establish the new DTSP boundaries. By making these changes, the Zoning Amendments and Zoning Map Amendments will be consistent with the updated General Plan, DTSP, and Housing Element Implementation programs. Therefore, the City Council hereby makes this finding.
SECTION 4. Environmental Findings. This Ordinance reflects an action to implement the City’s adopted Housing Element, which was included within the scope of the Program Environmental Impact Report (PEIR) prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) for the General Plan Update, Downtown Specific Plan and Housing Element Implementation Project.
The City Council, exercising its independent judgment, previously adopted Resolution No. [insert number] certifying the Final PEIR, making required findings, adopting a Mitigation Monitoring and Reporting Program, and adopting a Statement of Overriding Considerations for the Project of which this Ordinance is a part. In approving this Ordinance, the City Council hereby relies on the environmental determinations and findings set forth in Resolution No. [insert number], which is hereby incorporated herein by reference. The amendments made by this Ordinance were also contemplated by the Environmental Assessment prepared and adopted in conjunction with the City Council’s adoption of the Housing Element.
Each of these provide separate and independent bases demonstrating compliance with the CEQA.
SECTION 5. The City Council hereby amends various sections of Chapter 36 (Zoning) of the City Code of the City of South Pasadena to incorporate the text 15 - 17
6 changes set forth in Exhibit A, attached hereto and incorporated herein by reference, with all sections of Chapter 36 that have no amendments identified in Exhibit A remaining in effect without amendment.
SECTION 6. The City Council hereby adopts the Amended Zoning Map, attached hereto as Exhibit B, and incorporated herein by reference.
SECTION 7. Severability. If any section subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 8. 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.
PASSED, APPROVED AND ADOPTED ON this 4th day of October, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
Mark Perez, Deputy City Clerk Roxanne Diaz, City Attorney
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7 CITY OF SOUTH PASADENA
CITY CLERK’S DIVISION
CERTIFICATION OF ORDINANCE
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS
CITY OF SOUTH PASADENA)
I, Mark Perez, Deputy City Clerk of the City of South Pasadena, do hereby certify that Ordinance No. _____, was duly and regularly approved and adopted at a Regular meeting of the City Council on this 4th day of October 2023, by the following votes as the same appears on file and of record in the Office of the City Clerk.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Mark Perez
Deputy City Clerk
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EXHIBIT A OF ATTACHMENT 2
Zone Text Amendment
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City of South Pasadena
Chapter 36 Zoning
Focused Amendments to Various Sections
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36.200.020 Zoning Map and Zoning Districts.
The official City of South Pasadena Zoning Map has been adopted by the Council and is on file in the Department.
A. Zoning districts established. The City of South Pasadena shall be divided into zoning districts which implement the General Plan. The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the Zoning Map.
B. Interpretation of zoning district boundaries. If there is uncertainty about the location of any zoning district boundary shown on the Zoning Map, the precise location of the boundary shall be determined by the Director.
1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and/or street and alley centerlines shall be construed as the district boundaries as appropriate;
2. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.
The Director may refer any question of interpretation of the Zoning Map to the Commission for a determination, at a public hearing.
C. Annexations. Areas annexed to the City shall be zoned according to the pre-annexation zoning classification until City zoning is applied to the site in compliance with Division 36.620 (Amendments).
TABLE 2-1. ZONING DISTRICTS
Zoning District Symbol Zoning District Name
General Plan Land Use
Classification Implemented by
Zoning District
Residential Districts
RE Residential Estate Estate and Very Low Density
ResidentialNeighborhood
RS Residential Single Family Low Density
ResidentialNeighborhood
RM Residential Medium Density Medium Density
ResidentialNeighborhood
RH Residential High Density High Density
ResidentialNeighborhood
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TABLE 2-1. ZONING DISTRICTS
Zoning District Symbol Zoning District Name
General Plan Land Use
Classification Implemented by
Zoning District
Commercial Districts
CG Commercial General General CommercialMixed Use
Core; Fair Oaks Corridor
CO Commercial Office Professional OfficeMixed Use
Core
BP Business Park Business Park, Research and
Development, and Light
ManufacturingMixed Use Core
Special Purpose Districts
CF Community Facilities Community FacilitiesCivic
OS Open Space Parks & Open Space/ParksSpaces;
Preserves
MSSPDTSP Mission Street Downtown
Specific Plan
Mission Street Specific PlanMixed
Use Core; Fair Oaks Corridor
HFSP Holy Family Specific Plan Holy Family Specific PlanCivic Overlay Districts
AM Altos de Monterey Altos de Monterey
ResidentialVery Low Density
Neighborhood
FA MU Focus Area Mixed Use Overlay Focus Areas (General Plan Section 2-7) Mixed Use Core
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Division 36.220. Residential Zoning Districts
36.220.010 Purpose of Division.
This Division lists the uses of land that may be allowed within the residential zoning districts established by Section 36.200.020 (Zoning Map and Zoning Districts), determines the type of zoning approval/approval required for each use, and provides basic standards for site layout and building size.
36.220.020 Purposes of Residential Zoning Districts.
Different residential zoning districts are intended to provide for a variety of housing opportunities through new construction, and the maintenance of existing homes and neighborhoods. The purposes of the individual residential zoning districts and the manner in which they are applied are as follows.
A. RE (Residential Estate) district. The RE zoning district applies to areas appropriate for detached, single-family residential homes on large estate parcels. The allowable residential density ranges from one to 3.5is a maximum of three dwelling units per acre. The RE zoning district is consistent with the Estate/Very -Low Density ResidentialNeighborhood land use designation of the General Plan.
B. RS (Residential Single-Family) district. The RS zoning district is intended for areas appropriate for the development of detached, single-family homes. The allowable residential density ranges from 3.51 to sixis a maximum of five dwelling units per acre. The RS zoning district is consistent with the Low Density ResidentialNeighborhood land use designation of the General Plan.
C. RM (Residential Medium Density) district. The RM zoning district applies to areas appropriate for a variety of housing types. Typical residential land uses include single-family bungalow courts, courtyard housing, townhomes, duplexes, triplexes, ormultiplexes, and other attached or detached single-family dwellings. on smaller lots. The allowable residential density ranges from 65.1 to 14 dwelling units per acre. The RM zoning district is consistent with the Medium Density ResidentialNeighborhood land use designation of the General Plan.
D. RH (Residential High Density) district. The RH zoning district is intended for areas appropriate for high density single-family attached or multi-family dwelling units, including courtyard housing, townhouses, condominiums, and apartments. The allowable residential density ranges from 14.1 to 24 dwelling units per acre. The RH zoning district is consistent with the High Density ResidentialNeighborhood land use designation of the General Plan.
36.220.030 Residential Zoning District Land Uses and Permit Requirements.
A. General requirements. Table 2-2 identifies the uses of land allowed by this Zoning Code in each residential zoning district, and the zonings approval required to establish each use, in compliance with Section 36.210.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may also apply.
B. Altos de Monterey (AM) overlay district. Allowable land uses and permit requirements for parcels within the AM overlay district are established by Section 36.250.030. 15 - 26
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
RECREATION, EDUCATION, PUBLIC ASSEMBLY & COMMUNITY FACILITY USES Clubs, lodges and fraternal
organizations
— — — CUP
Community center — — — CUP
Private sport courts AUP AUP AUP AUP
Community gardens CUP CUP CUP CUP 36.350.230
RESIDENTIAL USES
Accessory residential uses
and structures
P(3
(2)
P(3 (2) P(3 (2) P(3 (2) 36.350.170
Home occupation P P P P 36.410.030
Multi-family dwellings — — P P 36.350.180,
190
Organizational house
(sorority, convent, etc.)
— — CUP CUP
Residential care facility, 6
persons or less
P P P P
Residential care facility, 7
persons or more
— — CUP CUP 36.350.050
Residential care facility for
the elderly (RCFE)
— — CUP CUP 36.350.050
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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
SecondAccessory dwelling
unitunits
P P P —P 36.350.200
RESIDENTIAL USES (Continued)
Existing single-family dwelling P P P P
New single-family dwelling P P — —
Transitional and supportive
housing
P P P (multi-family
types located in
the RM district
are subject to
specific use
regulations
36.350.180,190)
P (multi-family
types located in
the RH district
are subject to
specific use
regulations
36.350.180,190)
SERVICE USES
Bed & breakfast inn (B&B) CUP CUP CUP CUP 36.350.070
Child day care center — — CUP CUP 36.350.080
Child day care—Small family
day care home
P P P P 36.350.080
Child day care—Large family
day care home
P P P P 36.350.080
Medical services—Extended
care
— — — CUP(2)
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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
Mortuaries and funeral
homes
— — — CUP(2)
Notes:
(1) See Article 7 for land use definitions.
(2) Allowable locations restricted to El Centro Street between Fremont and Diamond; Fair Oaks Avenue; Fremont Avenue north of Monterey Road; and Huntington Drive. (3
(2) Permit required determined by Section 36.350.170.
36.220.040 Residential Zoning District General Development Standards.
A. General requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).
B. Altos de Monterey (AM) overlay district. Development standards for parcels within the AM overlay district are established by Section 36.250.030.
C. Design Guidelines. and Standards. Land uses and structures proposed within the residential zoning districts shall comply with the City’s Design Guidelines to the extent required by the Design Review Board and/or specific provisions of the Design Guidelines., objective design standards, and to the extent permitted by State law. Qualifying residential projects shall comply with the ministerial approval process established by Section 36.410.040D.6.
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TABLE 2-3. RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District (1)
Development
Feature
RE RS RM RH
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area 12,500 sf 10,000 sf 10,000 sf 10,000 sf
Width 75 ft; 85 ft for a
corner lot
50 ft; 60 ft for a
corner lot
60 ft; 80 ft for a corner lot 70 ft
Residential
density
Maximum number of dwelling units allowed in a project. The actual number of units allowed will be determined by the City through subdivision or land use permit approval, as applicable.
Allowable
density
1—Maximum of
3.5 du/acre
3.51—
6Maximum of 5
du/acre
65.1—14 to 3014 du/acre 14.1 to 24
du/acre
Minimum density
allowed
Each legal parcel in a residential zoning district will be allowed one single-family dwelling regardless of lot area; parcels in the RE, RS, and RM districts may also be allowed a second dwelling unit in compliance with Section 36.350.200 (Residential Uses—Second Dwelling Units).
Minimum lot
area/ multifamily unit
N.A. 3,200—7,300 sf 1,900—3,200 sf
Setbacks Minimum and, where noted, maximum setbacks required. See Section 36.300.030 for setback measurement, allowed projections into setbacks, and specific exceptions to setbacks.
Front 25% of lot depth, with a minimum
of 25 ft, and a maximum
requirement of 35 ft
20 ft 20 ft; 85 ft from
street centerline
on Huntington
Drive15 ft
Front exception If 60 percent or more of the lots
on the same block face have
structures with front setbacks
different from the above, the
An additional minimum 5 ft setback from the
property line shall be provided for every story
above the second story.
Inserted Cells
Inserted Cells
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TABLE 2-3. RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District (1)
Development
Feature
RE RS RM RH
required front setback shall be the
average of the existing front
setbacks, provided that no more
than 45 feet shall be required in
the RE district, and 35 ft shall be
required elsewhere.
Sides, each 10% of lot width 10% of lot
width, 4 ft
minimum
An additional minimum 4-
foot setback from the
property line shall be provided
for every additional story
above the second story.
10 ft8 ft
minimum; 10 ft
minimum
setback from the
property line
shall be
provided for
each story
above the
second story.
Side, street side 20% of lot width, to a maximum
requirement of 15 ft
15 ft minimum
Rear 25 ft 20 ft15 ft minimum; or 5 ft
minimum abutting an alley
15 ft, or 5 ft if
abuts an alley.20
ft minimum; 22
ft minimum
setback shall be
provided for
each additional
story above the
second story.
Garage An attached garage shall be set
back a minimum of 10 ft from the
front of the main structure
N/A
Accessory
structures
As required for primary
structures, except that:
See Section 36.350.170 (Residential Uses—
Accessory Residential Structures)
Inserted Cells
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TABLE 2-3. RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District (1)
Development
Feature
RE RS RM RH
• A structure of 120 sf or less
may be placed within a required
side or rear setback, but not a
front setback or in front of the
frontmost dwelling unit on the lot;
• A detached garage or carport
or other accessory residential
structure shall be located at least
5 ft from a side and/or rear
property line, except if the
required side yard setback for the
dwelling/s is less than 5 ft, in
which case the lesser side yard
setback may be used for a
detached garage or carport only.
Such structures cannot be located
in the front setback or in front of
the frontmost dwelling unit on the
lot;
• Accessory structures shall be
located at or beyond the required
street-facing side yard setback for
the dwelling/s, except if the
Director determines that a lesser
setback can be approved using the
Administrative Use Permit process
detailed in Section
36.350.170(C)(3)(e);
• Private residential recreational
facilities shall be located at least 5
ft from a side and/or rear
property line and cannot be
located in the front setback, or in
front of the frontmost dwelling
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TABLE 2-3. RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District (1)
Development
Feature
RE RS RM RH
unit on the lot or in the streetfacing side setback of a corner lot.
See also Section 36.350.170
(Residential Uses—Accessory
Residential Structures).
Building
separation
10 ft between structures on the
same site.
Minimum distances shall comply with Fire Code
requirements but in no case shall be less than 10
ft.
Lot coverage Maximum percentage of total lot area that may be covered by structures. 40% N/A N/A
Floor area ratio Maximum allowable ratio of building floor area to lot area. See Article 7 (Definitions) for a definition and illustration.
Floor area ratio
requirement
0.35 Single-family dwellings—0.50
Multifamily projects—1.25
N/A
Single-family
dwellings—0.40
Multifamily
projects—1.25
N/A
Exception Each dwelling unit may have an attached or detached garage or carport of up to 500 sf in addition to the above-listed FAR. Any square footage in excess of 500 sf is included in the FAR calculation.
Height limit Maximum allowable height of structures in other than hillside areas (see Division
36.340 (Hillside Protection) for height limits in hillside areas). See Section
36.300.040 (Height Limits and Exceptions) for height measurement requirements.
See also Section 36.350.170 (Residential Uses—Accessory Residential Structures).
Maximum height 35 ft 45 ft
Deleted Cells
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TABLE 2-3. RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District (1)
Development
Feature
RE RS RM RH
Multiple story
exception
No portion of a structure shall
encroach through a 45-degree
angle projected perpendicularly
from the front property line
toward the rear property line. See
Figure 2-1 in this Division. Building
height in addition to the above
limits may be authorized by
design review (Section
36.410.040) to accommodate
dormer windows and/or
nonhabitableuninhabitable roof
structures where appropriate to
the architectural style of the
dwelling.
N/A
Open Space Not applicableN/A As required by Section 36.350.190 (Multi-Family Project Standards)
Landscaping As required by Division 36.330 (Landscaping Standards) Parking As required by Division 36.310 (Parking and Loading)), unless such development qualifies for an exception to providing parking under provisions of State law Signs As required by Division 36.320 (Signs)
Notes:
(1) Altos de Monterey exceptions. The standards and requirements for development within the Altos de Monterey (AM) overlay zoning district are different from those in this table; see Section 36.250.030.
Figure 2-1. Height Limit Adjacent to Street
Inserted Cells
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36.220.050 Development of Small Nonconforming Residential Parcels.
The following standards apply to new and remodeled single-family dwellings on legal nonconforming parcels with an area of less than 10,000 square feet, except that all standards, except subsection F (Lot Coverage), do not apply to hillside parcels (as defined by Section 36.340.2020(A) (Hillside Protection)).
These standards are intended to minimize the impacts of single-family dwelling alteration, construction, expansion, and replacement by maintaining the existing residential neighborhood character that might otherwise result in overbuilding on a small single-family parcel.
A. Design compatibility. Proposed construction shall have exterior colors, forms, and materials that are consistent throughout and visually compatible with adjacent structures and the surrounding neighborhood. The size, mass, and scale of new dwellings shall also be visually compatible with adjacent structures and the surrounding neighborhood. New dwellings shall also comply with the City’s Residential Design Guidelines.
B. Setbacks.
1. The front and rear setback shall be 20 feet, or 15 feet for houses with a front porch.
2. A second story shall be set back an additional five feet from the front of the house and three feet on both sides (which may be accommodated within a sloping roof), unless the architectural style requires a zero front or side second story setback, as determined by the Review Authority. In the latter case, the ground floor front setback shall be 25 feet.
C. Driveway width. Driveways shall be limited to a maximum paved width of 10 feet with two feet clear of obstructions on either side, or 40 percent of the parcel frontage, whichever is less. Driveway width at property lines shall be limited to 10 feet.
D. Front yard paving. No more than 45 percent of the total area of the front setback shall be paved for walkways, driveways, and/or other hardcover pavement.
E. Reserved.
F. Lot coverage. The maximum lot coverage shall be 50 percent. 15 - 35
I
Front Pro()6rly Line
I 1 Maxlmum
Height of
Building
Mass
l
' Front Setback
G. Parking. For dwellings with detached garages located behind the primary unit, the minimum parking requirement shall be two covered spaces. Attached garages shall be set back a minimum of 10 feet from the front of the building, and shall include two enclosed spaces. 15 - 36
Division 36.230. Commercial Zoning Districts
Sections:
36.230.010 Purpose of Division.
36.230.020 Purposes of Commercial Zoning Districts.
36.230.030 Commercial District Land Uses and Permit Requirements.
36.230.040 Commercial District General Development Standards.
36.230.050 Mixed Use Overlay Development Standards.
36.230.010 Purpose of Division.
This Division lists the uses of land that may be allowed within the commercial zoning districts established by Section 36.200.020 (Zoning Map and Zoning Districts). It also determines the type of zoning approval/approval required for each use, and provides basic standards for site development.
36.230.020 Purposes of Commercial Zoning Districts.
The Commercial zoning districts are intended to provide a range of commercial opportunities within South Pasadena. The purposes of the individual Commercial zoning districts and the manner in which they are applied are as follows.
A. CG (Commercial General) District. The CG zoning district is applied to areas appropriate for a wide range of commercial retail and service land uses. The CG zoning district is consistent with the General CommercialMixed Use Core land use designation of the General Plan.
B. CO (Commercial Office) District. The CO zoning district is applied to areas appropriate for professional offices. Other uses including business support services, restaurants, and specialty retail land uses may be allowed. The CO zoning district is consistent with the Professional OfficeMixed Use Core land use designation in the General Plan.
C. BP (Business Park) District. The BP zoning district is applied to areas appropriate for light manufacturing and business park uses including research and development, corporate headquarter offices, and support service and retail land uses. Land uses in the BP District are intended to be designed as campus-business park environments. The BP zoning district is consistent with the Business Park, Research & Development, Light ManufacturingMixed Use Core land use designation of the General Plan.
D. MU (Mixed Use) Overlay District. The MU Overlay district may be applied to all CO, CG, and BP zoning districts as an overlay to allow for a wide range of development that contains a mix of functions, including commercial, entertainment, office, and housing. The MU Overlay District is consistent with the Mixed Use Core land use designation in the General Plan. The intent of this overlay district includes implementation of General Plan policy direction and applicable State laws to allow for 100 percent residential development in the CO and CG zoning districts. 15 - 37
36.230.030 Commercial District Land Uses and Permit Requirements.
A. General requirements. Table 2-4 identifies the uses of land allowed by this Zoning Code in the commercial zoning districts, and the zoning approval required to establish each use, in compliance with Section 36.210.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may also apply.
B. Focus area requirements. A site within a focus area (FA) overlay district may be subject to limitations required by Section 36.250.040 (Focus Area (FA) Overlay District).
C. Design guidelines and standards. Land uses and structures proposed within the commercial zoning districts shall comply with any adopted design guidelines to the extent required by the Review Authority and/or specific provisions of any design guidelines and any applicable objective design standards for qualifying residential and mixed-use projects. Qualifying residential projects shall comply with the ministerial approval process established by Section 36.410.040D.6.
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
MANUFACTURING & PROCESSING USES
Electronics, equipment, and appliance manufacturing — — P Food and beverage products manufacturing — — P
Furniture/fixtures manufacturing, cabinet shops — — P
Handcraft industries, small-scale manufacturing, less
than 3,500 sf
— — P
Handcraft industries, small-scale manufacturing,
3,500 sf or more
— — CUP
Laundries and dry cleaning plants, less than 3,500 sf — — P 15 - 38
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
Laundries and dry cleaning plants, 3,500 sf or more — — CUP Media postproduction facilities — — P
Metal products fabrication, machine/welding shops — — P Photographic processing plants, less than 3,500 sf — — P Photographic processing plants, 3,500 sf or more — — CUP Plumbing and heating shops, less than 3,500 sf — — P
Plumbing and heating shops, 3,500 sf or more — — CUP
Printing and publishing, less than 3,500 sf — P P
Printing and publishing, 3,500 sf or more — P CUP
Recycling facilities — CUP CUP 36.350.160
Recycling facilities—Reverse vending machines — P P 36.350.160 Warehouses, wholesaling and distribution — — P
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Adult entertainment businesses — — (2) 36.350.030
Clubs, lodges, fraternal organizations — CUP CUP
Indoor amusement/entertainment facilities — P CUP
Libraries, museums, galleries — AUP CUP
15 - 39
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
Outdoor recreation facilities — CUP CUP
Schools—Private — CUP CUP
Schools—Specialized education, tutoring, and
training
— AUP/
CUP
CUP 3,000 sf or
smaller
requires an
AUP,
greater
than 3,000
sf requires
a CUP
Special needs educational and training facilities — CUP CUP Studios/health/fitness facility—Dance, martial arts,
music, photography, etc.
AUP/
CUP
AUP/
CUP
CUP 3,000 sf or
smaller
requires an
AUP,
greater
than 3,000
sf requires
a CUP
Theaters and auditoriums — CUP —
Community gardens CUP CUP CUP 36.350.230
RESIDENTIAL USES
Emergency shelter — CUP P 36.350.250
15 - 40
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
Live/work units — — — 36.350.110
Mixed-use projects P P P 36.350.120
36.230.050
Multi-family dwellings (5) P P P (6) 36.230.050
Single-room occupancy — — P 36.350.260
Transitional and supportive housing, including low
barrier navigation centers
P P P
RETAIL TRADE
Alcoholic beverage sales — CUP — 36.350.040
Auto parts sales — P —
Auto sales and rental — CUP CUP
Building material stores — P CUP 36.350.220
Coffee roasting and packaging, retail — CUP —
Construction/heavy equipment sales and rental — CUP CUP Convenience and liquor stores — CUP — 36.350.040
Department stores — P —
Equipment sales and rental — CUP CUP
15 - 41
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
Extended hour businesses (11:00 p.m. to 6:00 a.m.) — CUP CUP Furniture, furnishings and appliance stores — P —
Gas stations — CUP CUP
General retail — P CUP 36.350.140,
36.350.220
Grocery stores — AUP —
Hardware stores — P —
Multi-tenant retail — CUP —
Outdoor display and retail activities — AUP CUP
Plant nurseries and garden supply stores — P — 36.350.140,
36.350.220
Restaurants CUP P P
Restaurants, multi-tenant retail CUP (3)
Restaurants, take-out and with accessory retail food CUP P P Restaurants, with catering and/or accessory retail
food
CUP CUP CUP
Restaurants, with outdoor dining only AUP AUP AUP 36.350.130 Secondhand stores — P —
15 - 42
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
Tobacco retailer—Primary use — P CUP SPMC
Chapter 18,
Article 6 or
its
successor
Tobacco retailer—Accessory use — As required
for the
primary use
that the
accessory
use is
associated
with
As required
for the
primary use
that the
accessory
use is
associated
with
Warehouse retail — CUP — 36.350.220
SERVICES—BUSINESS & PROFESSIONAL
Automated teller machines (ATMs) P P P 36.350.060
Banks and financial services — P P
Business support services — CUP P(5 (4)
Offices—Production, research and development P P P
Offices—Professional and administrative P P P
SERVICES—OTHER
Ambulance service — CUP CUP
15 - 43
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
Bed and breakfast inns CUP CUP —
Child/adult day care centers — AUP/
CUP
CUP 3,000 sf or
smaller
requires an
AUP,
greater
than 3,000
sf requires
a CUP
Contractor storage yard — — CUP
Convenience services P P P
Hotels and motels — CUP —
Medical services—Clinics — CUP —
Medical services—Laboratories — CUP P
Medical services—Offices P P P
Massage establishment — CUP — SPMC
17.15(B)
Personal services CUP(4) P — SPMC 17.13
Personal services—Restricted — AUP —
Vehicle repair and maintenance—Major repair work — CUP — 15 - 44
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
Vehicle repair and maintenance—Service and
maintenance
— CUP —
Veterinary clinics, hospitals, kennels — CUP CUP
Wine cellar — P P
TRANSPORTATION & COMMUNICATIONS
Parking facilities/vehicle storage — CUP —
Broadcasting studios — CUP P
Telecommunications facilities CUP CUP CUP 36.350.210
Notes:
(1) See Article 7 for land use definitions.
(2) Requires an adult business permit in compliance with SPMC 36.350.030. (3) If multi-tenant retail complies with the parking regulations in SPMC 36.310.040, a CUP is required if a new restaurant would cause the restaurant square footage in the multi-tenant retail to exceed 20 percent of the total square footage. If the multi-tenant retail is legal nonconforming with the parking regulations in SPMC 36.310.040, a CUP is required if a restaurant use in an existing space has been abandoned for a period of 18 months or longer, and for all additional restaurants in new spaces or spaces previously occupied by a non-restaurant.
(4) Personal services are not permitted on parcels located within the Fremont Corridor as defined in the Land Use and Community Design Element of the South Pasadena General Plan. The Fremont Corridor includes a mixture of residential and small-scale professional office uses lining the busy and heavily traveled section of Fremont Avenue from Monterey Road north to the Pasadena Freeway, properties fronting Mound Avenue between Hope Street and the Pasadena Freeway. (5(4) Business support services consisting of laboratory uses require a CUP. 15 - 45
TABLE 2-4.
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL & BUSINESS PARK DISTRICTS
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit required
— Use not allowed
PERMIT REQUIREMENT BY ZONE Specific Use
Regulations LAND USE (1) CO CG BP
(5) See Section 36.230.050 regarding properties identified as housing sites in the General Plan Housing Element sites inventory as Mixed Use.
(6) Residential units shall be located above the ground-floor level. 15 - 46
I
36.230.040 Commercial District General Development Standards.
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-5, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development Standards).
TABLE 2-5. COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Development Feature
Requirement by Zoning District
CO CG BP
Minimum lot size Minimum area and width for parcels proposed in new subdivisions.
Area 10,000 sf
Width 50 ft
Setbacks Minimum setbacks required. See Section 36.300.030 for setback measurement, allowed projections into setbacks, and exceptions to setbacks.
Front 25 ft on Fremont St.
between the 110
freeway and Monterey
Rd., 20 ft required
otherwise.
None required 25 ft
Sides, each 15 ft if adjacent to an RS district; none required otherwise.
Street side None required None required
Rear None, except if adjacent to an alley 5 ft, or if
adjacent to a RS district 25 ft
None required
Lot coverage Maximum percentage of total lot area that may be covered by structures.
No maximum 50%
Height limit Maximum allowable height of structures. See Section 36.300.040 (Height Limits and Exceptions) for height measurement requirements.
Maximum height 35 ft
15 - 47
TABLE 2-5. COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Development Feature
Requirement by Zoning District
CO CG BP
Landscaping As required by Division 36.330 (Landscaping Standards) Parking As required by Division 36.310 (Parking and Loading) Signs As required by Division 36.320 (Signs)
36.230.050 Mixed Use Overlay District Development Standards.
A. New Development. Subdivisions, new land uses, and structures developed as mixed-use development or as urban residential (multi-family) development within CO, CG, or BP zoning districts and with the Mixed Use Overlay shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).
B. For properties designated in the General Plan Housing Element sites inventory as Mixed Use, in addition to all other requirements in this section, projects of 100 percent residential development shall be permitted, and at least 50 percent of the total floor area of mixed-used developments on any sites identified as Mixed Use in the Housing Element sites inventory must be developed as residential use.
C. Redevelopment. Substantial alteration of an existing mixed-use development or urban residential (multi-family) development within the CO, CG, or BP zoning districts shall be improved to satisfy the requirements in Table 2-6, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).
D. Notes Column in Table 2-6. Where the last column in Table 2-6 (“Notes”) includes a section number, the regulations in the referenced section apply to the standard; however, provisions in other sections of this Zoning Code may also apply.
TABLE 2-6. MIXED USE OVERLAY DISTRICT DEVELOPMENT STANDARDS Development Feature Requirement Notes
DEVELOPMENT INTENSITY
Minimum Size or Area 20,000 sf
Minimum Lot Frontage 80 ft
Density Range for Residential 52 to 70 du/ac
Maximum Lot Coverage 70%
Formatted Table
15 - 48
I I
TABLE 2-6. MIXED USE OVERLAY DISTRICT DEVELOPMENT STANDARDS Development Feature Requirement Notes
Minimum Residential Unit Size Studio – 450 sf
One-bedroom – 750 sf
Two-bedroom – 900 sf
NON-RESIDENTIAL USES
Location Non-residential uses are
required along the street
frontage in the areas described
in the General Plan for
development within a Corridor,
District, or Neighborhood
Centers.
Residential units shall be
located above the ground-floor
level within the BP zoning
district.
BUILDING HEIGHT AND FORM
Maximum Height 45 ft Non-habitable building features
such as chimneys, cupolas,
flagpoles, monuments, steeples,
roof screens, equipment, and
similar structures covering no
more than 10% of the top floor
roof area may exceed the
maximum height by up to 8 ft.
Maximum Stories 4
Maximum Floor Area by Story Up through Second Story –
100%
Third Story – 90%
Fourth Story – 80%
The standard refers to the
percentage relative to the
ground-floor building footprint
area
Maximum Building Length 150 ft
BUILDING RELATIONSHIP TO STREET
Minimum Building Frontage 60%
Maximum Elevation of Building
Entry Above the
Street/Sidewalk Level and
Maximum Recess Below the
Street/Sidewalk Level
2 ft
Minimum Ground Floor Height 12 ft
NON-RESIDENTIAL USE GROUND FLOOR BUILDING DESIGN
Maximum Blank Wall Length 25 ft
Minimum Glazing 50%
Minimum Tenant Space Width 25 ft
Minimum Number of Entries 1 per 100 lineal ft
Formatted Table
Formatted: Not Highlight
Formatted: Highlight
15 - 49
TABLE 2-6. MIXED USE OVERLAY DISTRICT DEVELOPMENT STANDARDS Development Feature Requirement Notes
Minimum Wall Plane
Articulation
To/From Window/Door –
minimum 6 inches
To/From Column/Other Feature
– minimum 18 inches
Windows, door, columns, and
other features shall be recessed
or project forward to provide
the respective minimum
differential from the wall plane
Signs As required by Division 36.320
(Signs)
SETBACKS FOR NON-RESIDENTIAL
Front – Ground Floor Per the underlying zoning
district
May be increased to 15 ft where
outdoor uses or small plazas are
provided directly in front of the
non-residential use
Side – Ground Floor Per the underlying zoning
district
Rear Per the underlying zoning
district
SETBACKS FOR RESIDENTIAL
Front – Ground Floor 20 ft minimum
Side 10 ft minimum for first two
floors
15 ft minimum from property
line for third floor and above
For any property adjacent to an
RE or RS district, the minimum
setback for the first and second
stories shall be 20 feet, and any
story above the second story
shall be set back a minimum
distance of 25 feet from the
property line.
Rear 20 ft minimum for first two
floors
25 ft minimum for third floor
and above
For any property adjacent to an
RE or RS district, the minimum
setback for the first and second
stories shall be 30 feet, and any
story above the second story
shall be set back a minimum
distance of 35 feet from the
property line.
SETBACKS – GENERAL
Setback from Access Driveway 5 ft minimum
Distance Between Buildings As required by the Fire Code, but no instance less than 10 ft
PARKING, LOCATION AND DESIGN
Formatted Table
15 - 50
TABLE 2-6. MIXED USE OVERLAY DISTRICT DEVELOPMENT STANDARDS Development Feature Requirement Notes
Site Access/Driveway Location The location of site
access/driveways shall be
prioritized as follows:
(1) From an alleyway, (2) From a
side street, or (3) If the previous
two locations are infeasible as
determined by the Director,
then access from the front shall
be limited to a maximum 24-
footwide driveway.
Location of Parking
Spaces/Areas
The location of parking
spaces/areas shall be limited as
follows:
(1) Located to the rear of the
building or underground, and
(2) Shall not be located within
the front or side street setback
areas.
Number of Spaces for NonResidential Uses As required by Division 36.310 (Parking and Loading)
Shared parking or a reduction in
parking subject to approval of a
parking study – Section
36.310.060. Within one-half
mile of a high-quality transit
station, no parking minimums
shall apply for any use except
for hotels, motels, bed and
breakfast inns, and similar
transient lodging facilities per
Government Code Section
65863.2.
Number of Spaces for
Residential Uses
Studio – 0.50 space
One-bedroom – 1 space
Two-bedroom – 2 spaces
Guest Space – 0.25 per unit
Guest spaces are not required if
non-residential spaces are
available during nonoperational hours.
Parking is reduced, not
required, for qualifying
development projects within
one-half mile of a high-quality
transit station, as defined in
Government Code Section
65863.2.
Formatted Table
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
15 - 51
TABLE 2-6. MIXED USE OVERLAY DISTRICT DEVELOPMENT STANDARDS Development Feature Requirement Notes
Design of Surface or Structure
Parking
As required by Division 36.310
(Parking and Loading)
Unless modified by standards
herein
LANDSCAPING AND OPEN SPACE
Minimum Site Landscaping 20 % Exclusive of areas on the site providing useable open space
for residential uses.
Improved rooftop areas can be
counted toward open space.
Minimum Driveway and Parking
Area Side Landscaping
5 ft
Minimum Total Combined
Useable Open Space per
Residential Unit (Common and
Private Combined)
300 sf/du Improved rooftop open space,
balconies, and indoor common
spaces can be counted toward
usable open space.
Common Open Space
Requirements
1,000 sf area minimum
25 ft minimum depth and width
Private Open Space
Requirements
No private open space is
required for individual units.
If individual balconies, ground
floor patios, porches, or similar
private open space are provided
for a residential unit, such area
shall have minimum dimensions
of 6 ft width and 4 ft depth.
Formatted Table
15 - 52
Division 36.240. Special Purpose Zoning Districts
36.240.010 Purpose of Division.
This Division regulates development and new land uses in the special purpose zoning districts established by Section 36.200.020 (Zoning Map and Zoning Districts).
36.240.020 Purposes of Special Purpose Zoning Districts.
The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows.
A. CF (Community Facilities) District. The CF zoning district is applied to areas appropriate for public and quasi-public land uses. Typical land uses include government and institutional offices, schools, libraries, churchesreligious facilities, and other related municipal uses. The CF zoning district is consistent with the Community FacilitiesCivic land use designation of the General Plan.
B. OS (Open Space) District. The OS zoning district is applied to areas suitable for open space land uses including parks, natural open space areas, recreational facilities, and areas used for flood control. The OS zoning district is consistent with the Parks & Open SpaceSpaces, and Preserves land use designationdesignations of the General Plan.
C. MSSP (Mission StreetDTSP (Downtown Specific Plan) District. The MSSPDTSP zoning district is applied to the Mission StreetDowntown Specific Plan area. Appropriate land uses include pedestrianoriented, retail and service uses. The MSSPDTSP zoning district is consistent with the Mission Street Specific PlanMixed Use Core and Fair Oaks Corridor land use designationdesignations of the General Plan.
D. HFSP (Holy Family Specific Plan) District. The HFSP zoning district is applied to the Holy Family Specific Plan area. Appropriate land uses include religious facilities, schools, and accessory uses. The HFSP zoning district is consistent with the Holy Family Specific PlanCivic land use designation of the General Plan.
36.240.030 Special Purpose District Land Uses and Permit Requirements.
A. CF and OS Districts. Table 2-67 identifies the uses of land allowed by this Zoning Code in each special purpose zoning district, and the zoning approval required to establish each use, in compliance with Section 36.210.030 (Allowable Land Uses and Permit Requirements).
Note: where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Zoning Code may also apply.
B. MSSPDTSP District. Land uses in the MSPDTSP zoning district are as permitted in the Mission StreetDowntown Specific Plan.
C. HFSP District. Land uses in the HFSP zoning district are as permitted in the Holy Family Specific Plan. 15 - 53
TABLE 2-67.
ALLOWED USES AND PERMIT
REQUIREMENTS
FOR SPECIAL PURPOSE 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) CF (2) OS
AGRICULTURE & OPEN SPACE USES
Community gardens CUP CUP 36.350.230
Hiking trails — P
Nature preserves and accessory
uses (e.g., interpretive centers)
— P
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Community centers P AUP
Equestrian facilities — AUP
Libraries, museums, galleries P —
Schools, private AUP —
Outdoor recreational facilities P AUP
Parks and playgrounds P AUP
Religious institutions CUP —
SERVICES
Medical services – Hospitals CUP —
TRANSPORTATION & COMMUNICATIONS
Parking facilities/vehicle storage CUP —
15 - 54
TABLE 2-67.
ALLOWED USES AND PERMIT
REQUIREMENTS
FOR SPECIAL PURPOSE 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) CF (2) OS
Telecommunications facilities CUP CUP 36.350.210
Notes:
(1) See Article 7 for land use definitions.
(2) Residential development with a density of up to 30 dwelling units per acre is allowed on Assessor Parcel No. 5314-003-083 pursuant to the 2021-2029 (6th Cycle) Housing Element.
36.240.040 Special Purpose District General Development Standards.
A. CF and OS Districts. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with development standards determined through development review process on a case-by-case basis, and may include buffering between structures and adjacent residential uses, in addition to any other applicable requirements of this Division, and the development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).
B. MSSPDTSP District. Development standards that pertain to development in the MSSPDTSP District are as specified in the Mission StreetDowntown Specific Plan.
C. HFSP District. Development standards that pertain to development in the HFSP District are as specified in the Holy Family Specific Plan.
D. Design guidelines. and standards. Land uses and structures proposed within the special purpose zoning districts shall comply with any adopted design guidelines to the extent required by the appropriate Review Authority and/or specific provisions of the design guidelines, and any applicable objective design standards for qualifying residential and mixed-use projects. 15 - 55
Division 36.250. Overlay Zoning Districts
Sections:
36.250.010 Purpose of Division.
36.250.020 Applicability of Overlay Zoning Districts.
36.250.030 Altos de Monterey (AM) Overlay District.
36.250.040 Focus Area (FAMixed Use (MU) Overlay District.
36.250.040 Focus Area (FAMixed Use (MU) Overlay District.
A. Purpose. The FAMU Overlay district is intended to implement the City’s goals and objectives for development and new land uses within the eight areasCO, CG, and BP zoning districts of South Pasadena identified by Section 2.7 ofin the General Plan as “focus areas.””Corridor,”” Districts,” and “Neighborhood Centers.”
B. Applicability. The FAMU Overlay district shall be applied on the Zoning Map to the areas shown in Figure II-3as Mixed Use Core on the Land Use Map of the General Plan, except those areas within the boundaries of the Downtown Specific Plan.
C. Allowable land uses and development standards. Proposed development and new land uses shall comply with all applicable requirements in Section 2.7B ofDivision 36.230 (Commercial Zoning Districts) consistent with the Planning Designations outlined in the General Plan for the focus area in which the project site is located.
D. Required findings for project approval. The review authority may approve a discretionary land use permit for a project within the FAMU Overlay district only after first finding:
1. That the proposed project is consistent with, and will successfully implement the objectives and guidelines of the General Plan for the applicable focus areaPlanning Designation, District, or Neighborhood Center; and
2. All other findings required by this Zoning Code forif the project requires a discretionary land use permit.
15 - 56
- - -
36.410.040 Design Review.
D. Design Review Authority.
1. Planning Commission review. The Planning Commission will be responsible for the Design Review of the following developments:
a. As identified in subsection (B) (Applicability) of this section, all developments which require a Hillside Development Permit, a Conditional Use Permit, a Variance, a Planned Development Permit; b. Multi-family developments containing seven or more units; c. Multi-family developments containing six or fewer units not exempt from CEQA; or d. Any other application in which the Planning Commission is the Review Authority.
2. Cultural Heritage Commission (CHC) review. The CHC will be responsible for the Design Review of the following:
a. All of the developments identified in subsection (B) (Applicability) of this section which require a Certificate of Appropriateness as required by Chapter 2.58A SPMC (Cultural Heritage Commission); b. All properties within a designated historic district; c. Where a proposed project is subject to a Certificate of Appropriateness from the CHC and also requires an application in which the Planning Commission is the Review Authority, the CHC shall review the Certificate of Appropriateness and provide recommendations to the Planning Commission for the Certificate of Appropriateness and may also provide recommendations on the portion of the application in which the Planning Commission is the Review Authority.
3. DRB review. The DRB will be responsible for the Design Review of all of the developments identified in subsection (B) (Applicability) of this section which are not subject to Design Review by the Planning Commission, CHC, DRB Chair, or Planning Director as specified in SPMC 36.410.040. a. A subcommittee consisting of two members of the Design Review Board shall be formed to work with staff for the Design Review of Mixed-Use or Multi-Family of seven dwelling units or more, or not exempted from CEQA, as listed in Table 4-1 (Review Authority).
4. DRB Chair review. DRB Chair shall be responsible for Minor Design Review for projects that do not change the architectural design style of existing structures. These projects are as follows:
a. Exterior modifications to all elevations of existing structures that would not change the architectural design style of the structures. This includes elevations that are visible to the street and/or above the first floor. Exterior modifications include new and different siding materials, new windows, new roofing materials, and replacement of existing front porch posts, balcony railing, and other similar changes as determined by the Planning Director and/or DRB Chair to not change the architectural design style of the existing structures.
b. Additions of no more than 500 square feet in area, or more than 25 percent of the existing structure, whichever is less, for an outdoor structure or a habitable space that is not visible to street. 15 - 57
Such additions are allowed above the first floor as long as they are not visible to the street, and do not exceed the height of the existing structure.
c. Subject to a Certificate of Appropriateness from the Cultural Heritage Commission in accordance with SPMC 2.58 through 2.68.
d. Not subject to Planning Commission review in accordance with this division and Division 36.340 (Hillside Protection).
5. Planning Director. The Planning Director shall be responsible for Minor Design Review for projects that involve minor modifications or additions to only the first floor of an existing structure, are not visible to the street, and do not change the architectural design style of the structures. These minor projects are as follows:
a. Exterior modifications to existing structures that are not visible from the street or prominently visible to any adjoining properties, and not above the first floor of the structure. Exterior modifications include new siding materials, windows, and new roofing materials. b. Additions of no more than 500 square feet in area, or no more than 25 percent of the existing structure, whichever is less, for an outdoor structure or a habitable space that is not visible to the street or not above the first floor, except for development subject to a Minor Hillside Development Permit. c. Modifications to existing graded and/or improved outdoor areas on a property subject to Division
36.340 (Hillside Protection), such as installation of an in-ground swimming pool, spa, patio covers, accessory structures less than 500 square feet, and similar feature not visible to the street. d. Not subject to a Certificate of Appropriateness from the Cultural Heritage Commission in accordance with SPMC 2.58 through 2.68.
e. Not on a hillside area with a slope of 30 percent or greater in accordance with Division 36.340 (Hillside Protection) of the South Pasadena Municipal Code.
6. Ministerial review of qualifying residential projects. The Community Development Director shall develop an application for ministerial approvals of qualifying residential projects pursuant to the requirements of State law, as well as procedures for processing applications for the ministerial approvals. The procedures may include a limited design review process and applicable standards.
However, any limited design review process shall not constitute a “project” for purposes of the California Environmental Quality Act.
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EXHIBIT B OF ATTACHMENT 2
Updated Zoning Map
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Mission St
Huntington Dr Harriman Ave
PasadenaAve
Oxley St
Monterey Rd
Arroyo Dr
Laurel St
Mer dia i n
Ave
El Centro St
Fremont Ave
Fair Oaks Ave
SaintAlbans Ave
Rollin St
Oak St
Spruce St
Monterey Rd
Hope St
Bank St
Lyndon St
Diamond Ave
Fairview Ave
Orange Grove Ave
Via del Rey
Garfield Ave
Windsor Pl
Marengo Ave
Glendon Way
Ramona Ave
Grand Ave
Fletcher Ave
Milan Ave
Mound Ave
Cawston Ave
Montrose Ave
Flores de Oro
Adelaine Ave
Gillette Cres
Hawthorne St
Edgewood Dr
Brent Ave
Indiana Ave
Maycrest Ave
Primrose Ave
Park Ave
Chelten Way
Palm Ave
La France Ave
Stratford Ave
BankSt
Pine St
LaFremont ia St
Illinois Dr
Kolle Ave
Verde
Stratford Ave
Santa
TeresaSt
Hanscom Dr
Maple St
del Sol
Brunswick
Ave
Empress Ave
Crestlake Ave
Magnolia St
Lindo
Bonita Ave
Fair Oaks Ave
Ashbourne Dr
Prospect Ave
Avon Pl
Amherst Dr
Le Droit Dr
Cerrado
Milan Ave
Oakcrest Ave
La Terraza St
Peterson Ave
Braewood Ct
BlairAve
Leman St
LaPortad a St
Alpha Ave
Beech St
del
Cielo
Oneonta Dr
Bushnell Ave
Arroyo Seco Parkway
Fremont Ave
Huntington Dr
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Draft Zoning Map
Zoning Map revised on August 15, 2023.
Source: City of South Pasadena, 2023. r
Draft Zoning Districts
Residential Estate (RE)
Altos De Monterey Residential (AM)
Residential Low Density (RS)
Residential Medium Density (RM)
Residential High Density (RH)
Commercial General (CG)
Commercial Office (CO)
Business Park (BP)
Community Facilities (CF)
Open Space (OS)
Downtown Specific Plan (DSP)
Holy Family Specific Plan (HFSP)
Zoning Overlay and Specific Plan Boundary
Mixed Use Overlay
Downtown Specific Plan Boundary
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ATTACHMENT 3
Ordinance No. – Density Bonus
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CITY OF SOUTH PASADENA
ORDINANCE NO.________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTH PASADENA, CALIFORNIA, AMENDING DIVISION
36.370 (AFFORDABLE HOUSING INCENTIVES) OF ARTICLE 3
(SITE PLANNING AND GENERAL DEVELOPMENT
STANDARDS) OF CHAPTER 36 (ZONING) OF THE CITY CODE
OF THE CITY OF SOUTH PASADENA TO REVISE
REGULATIONS TO CONFORM TO STATE DENSITY BONUS
LAW (CALIFORNIA GOVERNMENT CODE SECTION 65915)
WHEREAS, the State Legislature has declared that the lack of housing, including providing for a variety of housing types for all income levels and special needs groups, is a critical problem that threatens the economic, environmental, and social quality of life in California; and
WHEREAS, the City Council of the City of South Pasadena adopted the City’s 2021-2029 Housing Element on May 30, 2023; and
WHEREAS, the City’s 2021-2029 Housing Element provides that the City will update its Zoning Code provisions for density bonuses (SPMC Division
36.370) as needed to comply with changes in state law (Program 2.e); and WHEREAS, the City wishes to update the City Code to ensure consistency with state law as it may be amended from time to time, and clarify how to implement the density bonus program; and
WHEREAS, the Planning Commission considered this Ordinance on August 21, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or against this matter; and
WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 23-07, recommending that the City Council adopt an ordinance amending City Code Division 36.370 substantially as set forth herein; and WHEREAS, the City Council, at a regular meeting, considered the Ordinance on September 18 and September 27, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or against this matter. 15 - 65
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH PASADENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals of this Ordinance are true and correct.
SECTION 2. Findings. The City Council of the City of South Pasadena in approving the proposed City Code amendment hereby makes the following findings:
A. This Ordinance is consistent with State Housing Law, the South Pasadena 2021-2029 Housing Element, and the South Pasadena General Plan.
This Ordinance clarifies the City’s density bonus provisions to conform to the requirements of California Government Code Section 65915.
B. The proposed Ordinance amends portions of Chapter 36 (Zoning) of the South Pasadena City Code to conform with State Density Bonus Law and with the goals, policies, programs, and guidelines of the City’s General Plan.
Specifically, the Ordinance implements the following goal, policy, and program contained in the City’s 2021-2029 Housing Element:
Goal 2.0 Encourage and Assist in the Provision of Affordable Housing. Facilitate the development of deed-restricted
affordable housing units in locations distributed throughout the city in order to provide housing for a diverse
community, including low-income households that are least able to afford adequate housing.
Policy 2.2 Provide information to developers regarding the City’s inclusionary housing requirements and the availability of streamlined density bonus opportunities in compliance with incentives for well-designed housing and implement
approval processes that reflect the priority of providing housing in the community.
Program 2.e Facilitate Density Bonus for Projects with On-Site Affordable Housing. The City requires provision of
inclusionary housing units for most multi-family
developments. Projects complying with the ordinance by
including on-site affordable units may also take advantage of State-mandated density bonuses and other incentives
offered in SPMC Division 36.375 that support project
feasibility. The City Code complies with State requirements 15 - 66
3 and encourages density bonuses in conjunction with the inclusionary housing requirement. The City will update the Zoning Code provisions for density bonuses (SPMC
Division 36.370) as needed to comply with changes in
state law.
C. The housing developments that would be authorized by this Ordinance would be established and maintained in a manner consistent with the City’s General Plan and 2021-2029 Housing Element, specifically the goal, policy, and program described above, and all applicable provisions therein, which acknowledge the effect of the State-mandated density bonus law requirements.
D. Pursuant to City Code Section 36.620.070 B.1 (a and b) and B.2 (Findings and Decision), the City Council makes the following findings required for an amendment to the City’s Zoning Code:
(1) The proposed amendment is consistent with the actions, goals, objectives, policies, and programs of the General Plan.
The proposed amendment is consistent with the actions, goals, objectives, policies, and programs of the General Plan in that the 2021-2029 General Plan Housing Element includes programs to amend the Zoning Ordinance for consistency with adopted State laws governing the provision of affordable housing.
(2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
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 help alleviate the current housing crisis in the Los Angeles County region. Providing sufficient housing opportunities will promote the general welfare of all members of the community.
(3) The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
The proposed amendment is internally consistent with other applicable provisions of the City’s Zoning Code in that, as applicable, the amendments include provisions to resolve internal conflicts to achieve consistency and ensure that the Zoning Code complies with state law.
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4 SECTION 3. Division 36.370 (Affordable Housing Incentives) of Article 3 (Site Planning and General Development Standards) of Chapter 36 (Zoning) of the South Pasadena City Code is hereby amended in its entirety to read as follows:
“Division 36.370. Affordable Housing Incentives
36.370.010 Purpose of Division.
This Division provides incentives for the development of specific housing types that are affordable to the types of households and qualifying residents identified in Section 36.370.020 (Eligibility for Affordable Housing Incentives), including but not limited to, very low income, lower income, moderate income, and senior households, in accordance with Government Code Section 65915. The provisions of this Division shall be interpreted to fulfill the requirements of Government Code Section 65915, as the same may be amended from time to time. All references to Government Code Section 65915 shall be interpreted to include amendments to that Section as may be enacted by the state from time to time. If any provision of this Division should conflict with a provision of such statute, the statutory provision shall prevail.
36.370.020 Eligibility for Affordable Housing Incentives.
A. A housing development that qualifies for a density bonus and other incentives pursuant to Government Code Section 65915 shall be eligible for the affordable housing incentives identified in this Division 36.370. The applicant shall comply with all requirements stated in Government Code Section 65915.
B. Except as otherwise required by Government Code Section 65915 density bonus units shall not be included when calculating the total number of housing units for purposes of determining the number of affordable units that qualifies the housing development for a density bonus.
C. An applicant shall not receive a density bonus or any other affordable housing incentive under this Division if the housing development would be excluded under Government Code Section 65915, which includes, but is not limited to, projects that fail to “replace” existing housing units, as required by state law.
36.370.030 Density Bonus Allowance.
A. For a housing development qualifying pursuant to the requirements of Government Code Section 65915 the City shall grant a density bonus in an amount specified by Government Code Section 65915.
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5 B. For the purpose of calculating the density bonus, the “maximum allowable residential density” shall be as stated in Government Code Section 65915.
C. Each component of any density calculation, including base density and bonus density, that results in a fractional unit shall be separately rounded up to the next whole number.
36.370.040 Incentives and/or Concessions.
A. If requested by the applicant, a project that qualifies for a density bonus in accordance with Section 36.370.020(A) also shall be entitled to the number of incentives or concessions as set forth in Government Code Section 65915(d). A request for a concession(s) or incentive(s) should be accompanied by documentation demonstrating that the concession(s) or incentive(s) results identifiable and actual cost reductions to provide for affordable housing costs, as further described in Government Code Section 65915(d)(1)(A). The applicant is entitled to the concession(s) or incentive(s) requested unless the City makes a written finding, based upon substantial evidence, of any of the relevant written findings as stated in Government Code Section 65915(d)(1).
B. Senior citizen housing developments that qualify for a density bonus solely pursuant to Government Code Section 65915 (b)(1)(C) shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.
C. For the purposes of this Division, incentive and/or concession shall have the same meaning as the term “concession or incentive” as defined in Government Code Section 65915(k).
36.370.050 Waivers.
A. Except as restricted by Government Code Section 65915, the applicant for a project that qualifies for a density bonus in accordance with Section 36.370.020 may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of Government Code Section 65915(b), at the densities or with the concessions or incentives permitted by Section 65915. The applicant may request a meeting with the City to discuss any waiver requests. A request for a waiver or reduction of development standards should be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density permitted by 15 - 69
6 state law and/or incorporating any incentives or concessions required to be granted.
B. The applicant is entitled to the waiver(s) requested unless the City makes a written finding, based upon substantial evidence, of any of the relevant written findings as stated in Government Code Section 65915(e).
C. As used in this section, “development standard” shall have the same meaning as the term is defined in Government Code Section 65915(o)(2).
36.370.060 Alternative Parking Standards.
An applicant proposing a project that complies with the requirements found in Section 36.370.020 may request, and is entitled to, the parking ratios identified by Government Code Section 65915(p).
36.370.070 Density Bonus for Land Donations.
A. Land donation bonus. An applicant proposing a tentative subdivision map, parcel map, or other residential development that donates land to the City as provided for in this Section shall be entitled to a density bonus as provided for in this Section.
B. Requirements for Bonus. In order to grant a bonus for the donation, all of the requirements set forth in Government Code Section 65915(g)(2) must be met.
C. Density Bonus allowance for land donations. If an applicant donates land in compliance with requirements set forth in Subsection B, a density bonus as set forth in Government Code Section 65915(g)(1) shall be granted.
36.370.080 Density Bonus and Incentives for Childcare Facilities.
A. An applicant proposing to construct a housing development that conforms to the requirements of Government Code Section 65915(b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project, the City shall grant either an additional density bonus or a concession or incentive as provided for in Government Code Section 65915(h)(1).
B. A proposed project shall be eligible for the density bonus or concession or incentive described in this Section only if the project is made subject to, and the project applicant agrees to adhere to the conditions of approvals set forth in Government Code Section 65915(h)(2).
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7 C. As used in this section, “childcare facility” shall have the same meaning as the term is defined in Government Code Section 65915.
36.370.090 Location of Designated Dwelling Units.
A. Location/dispersal of units. The designated dwelling units reserved as affordable units shall contain on average the same number of bedrooms as the market rate units. The designated dwelling units shall be dispersed throughout the development, and shall have the same materials and finish quality as the market rate units, and shall include a dishwasher, and washer and dryer if those appliances are provided in the market rate units.
B. Alternative development site. The review authority may authorize some or all of the designated dwelling units reserved as affordable units associated with one housing development to be produced and operated on an alternative development site, where it determines that the public interest would be more effectively served. Affordable housing units authorized on an alternate site shall be constructed and made available for occupancy prior to or at the same time as the market rate units are constructed and made available for occupancy, unless otherwise approved by the review authority.
36.370.100 Processing of Density Bonus Review and Affordable Housing Review.
A. Density bonus review or affordable housing review. A request for a density bonus, including any requests for incentives and/or concessions or waivers, shall be reviewed administratively by the Director. If a project that includes a request for a density bonus is also subject to another discretionary entitlement request that requires approval by the Planning Commission or City Council, the density bonus request, including any requests for incentives and/or concessions or waivers, shall be reviewed by the Planning Commission or City Council through the affordable housing review process.
B. Application and filing processing. An application for a density bonus, incentive(s) and/or concession(s), or waiver(s), shall be filed in compliance with Division 36.400 (Application Filing and Processing).
C. Density bonus review. If a density bonus is requested for a project that is subject only to ministerial review and approval, the Director shall process and grant the density bonus, alternative parking standards, and any incentives and/or concessions and waivers for that proposed project provided that the Director finds that the project is in compliance with the requirements of Government Code Section 65915 and the provisions of this Division. No public hearing or noticing 15 - 71
8 is required for such requests. Solely the applicant may appeal the decision of the Director to the City Manager on the grounds of an error in the application of this Division or State law. In making such an appeal, the applicant shall adequately describe the error in the application of this Division or State law.
D. Affordable housing review. The Planning Commission shall conduct an affordable housing review for proposed density bonus projects that include any discretionary approvals concurrently with the Commission’s review of the other discretionary approval(s). Following proper noticing and a public hearing pursuant to Division 36.630 (Public Hearings), the Planning Commission, if it finds that the proposed project complies with applicable sections of this Division and State law, shall grant the density bonus, reduced parking standards, incentives and/or concessions, and waivers requested, unless it makes necessary findings as set forth in this Division and State law to reject the requested density bonus, reduced parking standards, incentives and/or concession, waivers, or any combination thereof.
E. Decision. Notice of the Director or Planning Commission decisions pursuant to this Division shall be mailed to the project applicant within five days of the decision. The granting of a request for a density bonus, incentive, or concession pursuant to this Division shall not be effective until an affordable housing covenant has been recorded in compliance with Section 36.370.110.
F. Appeal. A decision for an affordable housing review may be appealed in compliance with Division 36.610 (Appeals).
G. Continued availability. All projects for which a density bonus review and/or affordable housing review is granted by the appropriate review authority, must maintain continued affordability of the designated units pursuant to State law.
H. Pursuant to Section 36.370.110 (Affordable Housing Covenant), the Director is authorized to execute the necessary agreement which shall include recordation of a covenant or other document satisfactory to the City Attorney prior to the issuance of a building permit.
36.370.110 Affordable Housing Covenant.
Following the granting of a density bonus request or an affordable housing review in compliance with Section 36.370.100 (Processing of Density Bonus Requests and Affordable Housing Review), the applicant shall enter into an agreement with the City in a form approved by the Director and City Attorney to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens in accordance with 15 - 72
9 Government Code Section 65915. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this Division, such agreement shall be recorded as a covenant against the property.
In order to ensure the affordability of housing pursuant to this Division, the covenant shall include, but not be limited to, the following provisions with respect to the long term affordability of the residential project:
A. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;
B. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City;
C. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, low and very low-income households, as published by the United States Department of Housing and Urban Development (HUD); D. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households; E. Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance.
Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy;
F. In any action taken to enforce compliance with deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City’s costs of action including legal services;
G. In the case of for-sale housing developments, the affordable housing covenant shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable use restriction period:
1. Designated dwelling units shall be owner-occupied by eligible very low, low, or moderate income households, or by qualified residents in the case of senior housing.
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10 2. The applicable restriction period in compliance with the provisions of this Division and State law.
3. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which:
a. Restricts the sale of the unit in compliance with this Division during the applicable use restriction period,
b. Contains provisions as the City may require to ensure continued compliance with this Division and State law, and c. Shall be recorded against the parcel containing the designated dwelling unit.
H. In the case of rental housing developments, the affordable housing covenant shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:
1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants,
2. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this Division,
3. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the number of bedrooms and monthly rent or cost of each unit, and
4. The applicable use restriction period in compliance with this Division and State law;
I. The covenant shall include the following information:
1. The total number of units approved for the housing development, including the number of designated dwelling units,
2. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines,
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11 3. The marketing plan for the affordable units,
4. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units,
5. Duration of the use restrictions for designated dwelling units, in compliance with this Division and State law,
6. A schedule for completion and occupancy of the designated dwelling units,
7. A description of the additional incentive(s) being provided by the City,
8. A description of the remedies for breach of the affordable housing covenant by the owners, developers, and/or successor(s)-in-interest of the project, and
9. Other information as necessary for the City to verify the implementation of, and compliance with this Division;
J. Execution of covenant.
1. Following agreement on the terms of the covenant by all parties, the City shall record the completed covenant on the parcels designated for the construction of designated dwelling units, at the Los Angeles County Registrar Recorder’s/County Clerk’s Office.
2. The approval and recordation shall take place prior to the final map or, where a map is not being processed, before issuance of Building Permits for the units.
3. The covenant shall be binding to all future owners, developers, and/or successors-in-interest.”
SECTION 4. Environmental Findings. This Ordinance reflects an action to implement the City’s adopted Housing Element, which was included within the scope of the Program Environmental Impact Report (PEIR) prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) for the General Plan Update, Downtown Specific Plan and Housing Element Implementation Project. The City Council, exercising its independent judgment, previously adopted Resolution No. [insert number] certifying the Final PEIR, making required findings, adopting a Mitigation Monitoring and Reporting Program, and adopting a Statement of Overriding considerations for the Project of which this Ordinance is a part. In approving this Ordinance, the City Council 15 - 75
12 hereby relies on the environmental determinations and findings set forth in Resolution No. [insert number], which is hereby incorporated herein by reference.
The amendments made by this Ordinance were also contemplated by the Environmental Assessment prepared and adopted in conjunction with the City Council’s adoption of the Housing Element. Each of these provide separate and independent bases demonstrating compliance with the CEQA.
SECTION 5. Severability. If any section subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 6. 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.
PASSED, APPROVED AND ADOPTED ON this 4th day of October, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
Mark Perez Roxanne Diaz, City Attorney
Deputy City Clerk
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13 CITY OF SOUTH PASADENA
CITY CLERK’S DIVISION
CERTIFICATION OF ORDINANCE
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS
CITY OF SOUTH PASADENA)
I, Mark Perez, Deputy City Clerk of the City of South Pasadena, do hereby certify that Ordinance No. _____, was duly and regularly approved and adopted at a Regular meeting of the City Council on this 4th day of October, 2023, by the following votes as the same appears on file and of record in the Office of the City Clerk.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Mark Perez
Deputy City Clerk
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ATTACHMENT 4
Ordinance No. – Employee Housing
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-1-
CITY OF SOUTH PASADENA
ORDINANCE NO.________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOUTH PASADENA, CALIFORNIA, AMENDING
CHAPTER 36 ARTICLE 2 DIVISION 36.22 AND CHAPTER
36 ARTICLE 3 DIVISION 36.350 OF THE CITY CODE OF
THE CITY OF SOUTH PASADENA RELATING TO
EMPLOYEE HOUSING
WHEREAS, the adopted 2021-2029 Housing Element calls for amendment of the code of the City of South Pasadena to address employee housing pursuant to the Employee Housing Act (Health and Safety Code Section 17000 et seq.)(Program 2. h); and
WHEREAS, on August 21, 2023, the South Pasadena Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter; and
WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 23-07 recommending that the City Council adopt an Ordinance substantially as set forth herein; and
WHEREAS, on September 18 and September 27, 2023, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter; and WHEREAS, following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1. Recitals. The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this Ordinance.
Section 2. Findings. The City Council of the City of South Pasadena in approving the proposed Code amendments hereby makes the following findings:
A. The proposed use is in conformance with the actions, goals, objectives, policies, and programs of the General Plan;
The Ordinance implements the goals and policies contained in the City’s 2021-2029 Housing Element with respect to employee housing. The Ordinance amends the Code to implement the programs of the Housing Element to remove constraints on the development of housing.
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
The Ordinance furthers the public interest and general welfare of the City, and will not impact health, safety or convenience, by enabling, consistent with State law, the development of employee housing in the community, and by providing opportunities for individuals of various economic strata to reside and engage in the South Pasadena community, and by providing opportunities for safe housing accommodations for employees.
C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
The Ordinance has been designed to be internally consistent with all applicable provisions contained in the Zoning Code, and implements the 2021-2029 Housing Element.
Section 4. Table 2-2 “Allowed Uses and Permit Requirements for Residential Zoning Districts” of Section 36.220.030 (Residential Zoning District Land Uses and Permit Requirements) of Division 36.220 (Residential Zoning Districts) of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) of Chapter 36 (Zoning) of the City Code of the City of South Pasadena is hereby amended to read as follows with all other provisions of Section 36.220.030 remaining in effect without amendment:
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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
RECREATION, EDUCATION, PUBLIC ASSEMBLY & COMMUNITY FACILITY USES Clubs, lodges and
fraternal
organizations
— — — CUP
Community center — — — CUP
Private sport courts AUP AUP AUP AUP
Community
gardens
CUP CUP CUP CUP 36.350.230
RESIDENTIAL USES
Accessory
residential uses
and structures
P(2) P(2) P(2) P(2) 36.350.170
Home occupation P P P P 36.410.030
Multi-family
dwellings
— — P P 36.350.180,
190
Organizational
house (sorority,
convent, etc.)
— — CUP CUP
Residential care
facility, 6 persons
or less
P P P P
Residential care
facility, 7 persons
or more
— — CUP CUP 36.350.050
Residential care
facility for the
elderly (RCFE)
— — CUP CUP 36.350.050
Accessory dwelling
unit
P P P P 36.350.200
Employee Housing P P — — 36.350.265
RESIDENTIAL USES (Continued)
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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
Existing singlefamily dwellingP P P P
New single-family
dwelling
P P — —
Transitional and
supportive housing
P P P (multi-family types
located in the RM
district are subject to
specific use
regulations
36.350.180,190)
P (multi-family types
located in the RH
district are subject to
specific use
regulations
36.350.180,190)
SERVICE USES
Bed & breakfast inn
(B&B)
CUP CUP CUP CUP 36.350.070
Child day care
center
— — CUP CUP 36.350.080
Child day care—
Small family day
care home
P P P P 36.350.080
Child day care—
Large family day
care home
P P P P 36.350.080
Medical services—
Extended care
— — — CUP
Mortuaries and
funeral homes
— — — CUP
Notes:
(1) See Article 7 for land use definitions.
(2) Permit required determined by Section 36.350.170.
Section 5. Section 36.700.020 (“Definitions of Specialty Terms and Phrases”) of Division 36.700 (“Definitions/Glossary”) of Article 7 (“Definitions”) of Chapter 36 (“Zoning”) of the City Code of South Pasadena is hereby amended to add a new definition of 15 - 84
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“Employee Housing” between the definitions of “Emergency Shelter” and “Enlargement of Use” to read as follows, with all other defined terms in Section 36.700.020 remaining without amendment:
“Employee Housing. Housing accommodation, or property upon which a housing accommodation is located, that meets the requirements as set forth in Health and Safety Code section 17008. Employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation.”
Section 6. A new Section 36.350.265 (“Residential Uses - Employee Housing”) is hereby added to of Division 36.350 (“Standards for Specific Land Uses”) of Article 3 (“Site Planning and General Development Standards”) of Chapter 36 (“Zoning”) of the City Code of the City of South Pasadena is added to read as follows:
“36.350.265 Residential Uses‒Employee Housing.
A. Applicability. Pursuant to California Health and Safety Code Section 17021.5, employee housing providing accommodations for six or fewer employees shall be allowed in all zoning districts in which single-family residences are allowed and shall be deemed a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Employee housing for six or fewer employee shall not be considered a boarding house, rooming house, hotel, dormitory, or other term that implies that such employee housing differs from a single-family dwelling.
B. Employee housing for six of fewer employees shall be subject to the same ordinances and standards applicable to a single-family residence except to the extent that any such ordinance of standard is preempted by the Employee Housing Act (California Health and Safety Code Section 17000, et seq.).
C. Employee housing shall be subject to all applicable requirements of the Employee Housing Act (California Health and Safety Code Section 17000, et seq.).” Section 7. Environmental Findings. This Ordinance reflects an action to implement the City’s adopted Housing Element, which was included within the scope of the Program Environmental Impact Report (PEIR) prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) for the General Plan Update, Downtown Specific Plan and Housing Element Implementation Project. The City Council, exercising its independent judgment, previously adopted Resolution No. [insert number] certifying the Final PEIR, making required findings, adopting a Mitigation Monitoring and Reporting Program, and adopting a Statement of Overriding considerations for the Project of which this Ordinance is a part. In approving this Ordinance, the City Council hereby relies on the environmental determinations and findings set forth in Resolution No. [insert number], which is hereby incorporated herein by reference. The amendments made by this Ordinance were also contemplated by the Environmental Assessment prepared and adopted in conjunction with the City Council’s adoption of the Housing Element. Each of 15 - 85
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these provide separate and independent bases demonstrating compliance with the CEQA.
Section 8. Severability. If any section subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 9. This ordinance shall take effect thirty (30) days after its final passage and shall be considered to have been adopted after Ordinance No. ____[the Zoning Code Update Ordinance]. 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.
PASSED, APPROVED AND ADOPTED ON this 4th day of October, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
Mark Perez, Deputy City Clerk Roxanne Diaz, City Attorney 15 - 86
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CITY OF SOUTH PASADENA
CITY CLERK’S DIVISION
CERTIFICATION OF ORDINANCE
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS
CITY OF SOUTH PASADENA)
I, Mark Perez, Deputy City Clerk of the City of South Pasadena, do hereby certify that Ordinance No. _____, was duly and regularly approved and adopted at a Regular meeting of the City Council on this 4th day of October, 2023, by the following votes as the same appears on file and of record in the Office of the City Clerk.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Mark Perez
Deputy City Clerk
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ATTACHMENT 5
Ordinance No. – Inclusionary Housing
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CITY OF SOUTH PASADENA
ORDINANCE NO.________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOUTH PASADENA, CALIFORNIA, AMENDING
DIVISION 36.375 OF THE CITY CODE OF THE CITY OF
SOUTH PASADENA CODE RELATING TO
INCLUSIONARY HOUSING REQUIREMENTS
WHEREAS, the adopted 2021-2029 Housing Element calls for amendment of the City Code of the City of South Pasadena to update inclusionary housing program requirements (Program 2.m); and,
WHEREAS, on August 21, 2023, the South Pasadena Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter; and,
WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 23-07 recommending that the City Council adopt an Ordinance substantially as set forth herein; and,
WHEREAS, on September 18 and September 27, 2023, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter; and, WHEREAS, following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this Ordinance.
Section 2. Findings. The City Council of the City of South Pasadena in approving the proposed Code amendments hereby makes the following findings:
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A. The proposed use is in conformance with the actions, goals, objectives, policies, and programs of the General Plan;
The Ordinance implements the goals and policies contained in the City’s 2021-2029 Housing Element. The Ordinance amends the Code to implement the programs of the Housing Element to require affordable housing units in new residential and mixed-use development projects consisting of ten or more residential units and reflects a fifteen percent (15%) inclusionary housing requirement as specified in the adopted Housing Element.
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
The Ordinance furthers the public interest and general welfare of the City, and will not impact health, safety or convenience, by making affordable housing available in the community, and by providing opportunities for individuals of all economic strata to reside and engage in the South Pasadena community.
C. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.
The Ordinance has been designed to be internally consistent with all applicable provisions contained in the Zoning Code, and implements the 2021-2029 Housing Element.
Section 3. Section 36.375.020 (“Applicability”) of Division 36.375 (“Inclusionary Housing Requirements”) of Article 3 (“Site Planning and General Development Standards”) of Chapter 36 (“Zoning”) of the City Code of the City of South Pasadena is amended to read as follows:
“36.375.020 Applicability.
This division applies to all residential development of ten (10) or more dwelling units, including residential portions of mixed-use development, and requires affordable housing units in the amount as required in SPMC 36.375.050 (Inclusionary Unit Requirement).” Section 4. Section 36.375.050 of Division 36.375 (“Inclusionary Housing Requirements”) of Article 3 (Site Planning and General Development Standards) of Chapter 36 (Zoning) of the City Code of the City of South Pasadena is hereby amended in its entirety to read as follows:
“36.375.050 Inclusionary Unit Requirement.
A. Amount required. A minimum of 15 percent of the total number of dwelling units in a residential or mixed-use project, excluding any bonus units added pursuant to State law or SPMC 36.370, shall be developed, offered to, and sold or rented to households of very low, lower, and moderate income, at an affordable housing cost, as follows:
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B. Inclusionary rental units.
Rental projects subject to the inclusionary housing requirement shall provide 50 percent of required affordable units as extremely low or very low units and 50 percent as lower income units. In case of an uneven number, one more unit shall be provided as very low.
C. Inclusionary ownership (for sale) units. Developers of ownership (for sale) projects subject to the inclusionary housing requirement may choose whether to provide the required inclusionary units as moderate income, low-income, very-low income, or a combination thereof.
D. Fractional units. In the case that unit calculations result in a fractional number, the applicant shall choose one of the following options:
1. Round up to next unit and provide the unit on site.
2. Pay the fractional amount above the whole number as an in-lieu fee equivalent to the fraction multiplied by the in-lieu fee as established by City Council resolution.
All whole number units shall be provided on site or alternatively as allowed in SPMC 36.375.060 (Alternatives to On-Site Provision).”
Section 5. Environmental Findings. This Ordinance reflects an action to implement the City’s adopted Housing Element, which was included within the scope of the Program Environmental Impact Report (PEIR) prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) for the General Plan Update, Downtown Specific Plan and Housing Element Implementation Project. The City Council, exercising its independent judgment, previously adopted Resolution No. [insert number] certifying the Final PEIR, making required findings, adopting a Mitigation Monitoring and Reporting Program, and adopting a Statement of Overriding considerations for the Project of which this Ordinance is a part. In approving this Ordinance, the City Council hereby relies on the environmental determinations and findings set forth in Resolution No. [insert number], which is hereby incorporated herein by reference. The amendments made by this Ordinance were also contemplated by the Environmental Assessment prepared and adopted in conjunction with the City Council’s adoption of the Housing Element. Each of these provide separate and independent bases demonstrating compliance with the CEQA.
Section 6. Severability. If any section subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, 15 - 93
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regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 7. 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.
PASSED, APPROVED AND ADOPTED ON this 4h day of October, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
Mark Perez, Deputy City Clerk Roxanne Diaz, City Attorney 15 - 94
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CITY OF SOUTH PASADENA
CITY CLERK’S DIVISION
CERTIFICATION OF ORDINANCE
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS
CITY OF SOUTH PASADENA)
I, Mark Perez, Deputy City Clerk of the City of South Pasadena, do hereby certify that Ordinance No. _____, was duly and regularly approved and adopted at a Regular meeting of the City Council on this 4th day of October, 2023, by the following votes as the same appears on file and of record in the Office of the City Clerk.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Mark Perez
Deputy City Clerk
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