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                                                AGENDA
         CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION
                                           AUGUST 3, 2009

                                     Dinner Recess 5:30 P.M.
                                     Public Meeting 6:30 P.M.
                                    Public Hearings 7:30 P.M.
                           Council Chamber, Pasadena City Hall
                          100 North Garfield Avenue, Room S249                                   
5:30 P.M.  DINNER RECESS
6:30 P.M.  PUBLIC MEETING
1. ROLL CALL, PLEDGE OF ALLEGIANCE AND CEREMONIAL MATTERS
2. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - Public comment will
    be limited to a total of 20 minutes at the beginning of the meeting and will
    continue under Item 10 (below) "Public Comment (continued)". Please limit
    comments to 3 minutes each.
3. CONSENT CALENDAR
    (The Consent Calendar consists of routine items which will be approved by one
    motion and one vote unless removed for separate discussion) 
   A.  City Manager
      (1) CONTRACT AWARD TO CMV ELECTRIC, INC., FOR THE 
           INSTALLATION OF A TRAFFIC SIGNAL ON WASHINGTON
           BOULEVARD AND CATALINA AVENUE, FOR AN AMOUNT NOT TO
           EXCEED $140,000
           Recommendation of City Manager: 
           (1) Acknowledge the project to be categorically exempt under Section
           21084 of the California Environmental Quality Act (CEQA) in accordance
           with Article 19, Section 15301 (Class 1), subsection (c) of the Resources
           Agency of California Guidelines (minor alterations involving negligible
           expansion of use beyond that previously existing), pursuant to the
           findings of the Secretary of the Resources Agency; and
           (2) Accept the bid dated July 22, 2009, submitted by CMV Electric,
           Inc., in response to the Specifications for the Installation of a Traffic
           Signal on Washington Boulevard at Catalina Avenue; reject all other
           bids received; and authorize the City Manager to enter into such
           contract as is required, for an amount not to exceed $140,000.

	687k
      (2) APPROVAL OF AMENDED AND RESTATED VERDUGO FIRE
           COMMUNICATION SYSTEM AGREEMENT BETWEEN THE CITIES
           OF BURBANK, GLENDALE AND PASADENA
           Recommendation of City Manager: Authorize the City Manager to
           execute the "Amended and Restated Verdugo Fire Communication
           System Agreement between the Cities of Burbank, Glendale and
           Pasadena".  This agreement is not subject to competitive bidding
           because it is a contract with other governmental entities, City Charter
           Section1002(H).

	1130k
   B.  City Clerk/Secretary
      (1) Approval of Minutes          
           July 13, 2009 (City Council)
           July 13, 2009 (Community Development Commission)
           July 20, 2009 (City Council)
           July 20, 2009 (Community Development Commission) 
      (2) Receive and file claims against the City of Pasadena
           Claim No. 10,918   Moises Vazquez, Attorney for          $ 95,000.00
                         Maria Helena Valenzuela
           Claim No. 10,919   Ourfalian & Ourfalian, Attorneys at     25,000.00+
                         Law for Annouche Najarian
           Claim No. 10,920   William R. Gilmore, Attorney for                 25,000.00+
                         Carmen Thompson
           Claim No. 10,921   Mercury Insurance Company as                 2,165.87 
                         Subrogee for Fernando A. Villar
      (3) Public Hearings Set
           August 17, 2009, 7:30 p.m. - TEFRA Hearing and Resolution of the
           City Council of the City of Pasadena Approving the Issuance of the
           California Statewide Communities Development Authority Revenue
           Bonds (Polytechnic School), Series 2009, in an Aggregate Principal
           Amount Not to Exceed $25,000,000 for the Purpose of Financing the
           Acquisition, Construction, Improvement and Equipping of Existing and
           New School Facilities and Certain Other Matters Relating Thereto
           August 17, 2009, 7;30 p.m.  - Application for Consolidated Design
           Review Regarding An Addition to, and Substantial Alteration of, An
           Existing Building at 3160 East Del Mar Boulevard for Use As An Urgent
           Care Facility  
4. OLD BUSINESS: None            
5. REPORTS AND COMMENTS FROM COUNCIL COMMITTEES
   A.  Economic Development and Technology Committee
   B.  Finance Committee
   C.  Legislative Policy Committee
   D.  Municipal Services Committee
      (1) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
           PASADENA AUTHORIZING THE GENERAL MANAGER OF THE
           WATER AND POWER DEPARTMENT TO ENTER INTO
           AGREEMENTS FOR PURCHASES, SALES, EXCHANGES AND
           PARTICIPATE IN AUCTIONS OF CONGESTION REVENUE RIGHTS;
           AND ENTER INTO AGREEMENTS INCLUDING, BUT NOT LIMITED
           TO, CONGESTION REVENUE RIGHTS ENTITY AGREEMENTS, AS
           MAY BE MODIFIED PERIODICALLY WITH THE CALIFORNIA
           INDEPENDENT SYSTEM OPERATOR
           Recommendation of City Manager:
           (1) Find that this action is exempt from the California Environmental
           Quality Act (CEQA), pursuant to State CEQA Guidelines Section
           15061(b)(3), the General Rule that CEQA only applies to projects that
           may have an effect on the environment.
           (2) Adopt a resolution authorizing the General Manager of the Water
           and Power Department (PWP) to enter into agreements for purchases,
           sales, exchanges, and participate in auctions of Congestion Revenue
           Rights (CRR); and enter into agreements including, but not limited to,
           CRR Entity Agreements, as may be modified periodically with the
           California Independent System Operator (CAISO).

	
   E.  Public Safety Committee
   F.  Reports from Representatives
6. PUBLIC HEARINGS - 7:30 P.M.   
  A.  PUBLIC HEARING: CALL FOR REVIEW OF ZONING ADMINISTRATOR
       INTERPRETATION (ZA 32), 217 SOUTH MICHIGAN AVENUE (EDDIE=S
       MARKET)
       Recommendation of City Manager: 
       (1) Acknowledge that this action is categorically exempt from the California
       Environmental Quality Act (CEQA); and
       (2) Overturn the Board of Zoning Appeals decision, and uphold the decision
       of the Zoning Administrator regarding Section 17.71.060(B) of the Zoning
       Code, that the nonconforming alcohol sales at 217 South Michigan Avenue
       (Eddie's Market) has been discontinued for more than 12 months and cannot
       be reestablished.        

	962k

	ATTACHMENT A 321k

	ATTACHMENT B 4641k

	ATTACHMENT C 297k
  B.  PUBLIC HEARING: ADOPTION OF THE 2009 ANNUAL CITY OF
       PASADENA SELF CERTIFICATION REPORT IN CONFORMANCE WITH
       THE CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES
       COUNTY AND THE 2009 LOCAL DEVELOPMENT REPORT IN
       ACCORDANCE WITH GOVERNMENT CODE SECTION 65089
       Recommendation of City Manager:
       (1) Adopt a resolution finding the City in conformance with the Congestion
       Management Program (CMP) for the County of Los Angeles;
       (2) Adopt the 2009 Local Development Report in accordance with California
       Government Code Section 65089 (Attachment A of the agenda report); and
       (3) Direct staff to file the CMP Local Development Report with the Los
       Angeles County Metropolitan Authority (Metro).

	1000k
7. RECOMMENDATIONS FROM OFFICERS AND DEPARTMENTS
   A.  City Manager
      (1) PROPOSED ICE RINK FACILITY (To be heard at 7:00 p.m., or
           thereafter)
           Recommendation of City Manager: It is recommended that City
           Council:  
           (1) Direct staff to return to City Council by December 31, 2009 with a
           negotiated long-term ground lease with Polar Ice Ventures that includes:
               (a)       Construction of an ice skating facility with two sheets of ice
                         substantially conforming to the plans developed by the City;
               (b)       Public benefits program similar to that negotiated in the
                         proposed Management Agreement;
               (c)       First Source Local Hire Program and a commitment to provide
                         an opportunity to those currently working at the ice rink in
                         Pasadena;
               (d)       Shift financial risk associated with construction and operation
                         to Polar Ice Ventures; and
               (e)       Exclusive partnership agreement between Polar Ice Ventures
                         and the Los Angeles Kings.
           (2) Reject all bids received in response to the Request for Bids for
           construction of the Pasadena Ice Skating facility.
               Alternatively , if the City Council elects to move forward with the
           management agreement structure, staff recommends that the City
           Council:
           (1) Find that the project was subject to adequate environmental review
           in the Initial Study approved, and the Mitigated Negative Declaration
           adopted, by the City Council for the Pasadena Ice Skating Facility on
           August 8, 2005, and that there are no changed circumstances or new
           information which would require further environmental review;
           (2) Approve the proposed Management Agreement between the City
           and Polar Ice Enterprises Pasadena for the management of a new ice
           rink facility in substantially the form attached to the agenda report, and
           authorize the City Manager to execute the Management Agreement;
           (3) Adopt a resolution declaring the City's intention to reimburse itself
           from the proceeds of one or more tax-exempt financings for certain
           expenditures made, and/or to be made, in connection with the
           Pasadena Ice Skating Rink Facility;
           (4) Accept the bid dated April 1, 2009, submitted by Mallcraft, Inc., in
           response to the specifications for the construction of the Pasadena Ice
           Skating Facility; reject all other bids received; and authorize the City
           Manager to enter into a contract in an amount not to exceed
           $19,633,900, which includes the base bid of $17,849,000, plus an
           allowance of 10% to accommodate any contingencies; and
           (5) Authorize the City Manager to approve any other documents
           related to the construction of the new ice rink facility with the exception
           of any financing documents.         

	  1449k

	ATTACHMENTS A thru C 3599k

	ATTACHMENT D 1298k

	ATTACHMENTS E and F 1625k

	ATTACHMENT G Part 1 6220k
	ATTACHMENT G Part 2 3190k

	CORRESPONDENCE 1780k

	SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

	CORRESPONDENCE 1835k
   B.  City Council
8.   ORDINANCES
     A.   First Reading: 
         (1) Conduct first reading of "AN ORDINANCE OF THE CITY OF
              PASADENA AMENDING THE LIGHT AND POWER RATE
              ORDINANCE, CHAPTER 13.04 OF THE PASADENA MUNICIPAL
              CODE, TO INCREASE THE ELECTRIC UTILITY ASSISTANCE
              PROGRAM BASIC BENEFIT"

	641k
     B.   Second Reading:
         (1) Adopt "AN ORDINANCE OF THE CITY OF PASADENA
              AMENDING SECTION 17.71.060(B) OF THE PASADENA
              MUNICIPAL CODE RELATING TO TERMINATION OF
              NONCONFORMING USES BY DISCONTINUANCE" (Introduced by
              Councilmember Holden)

	648k
9.   INFORMATION ITEMS: None
10.  PUBLIC COMMENT (Continued)
11.  CLOSED SESSIONS (Continued, if necessary)
12.  ADJOURNMENT

SCHEDULED
COUNCIL STANDING COMMITTEES

ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE (Chair Victor Gordo,
Steve Madison, Jacque Robinson, Terry Tornek)

Meets the first Wednesday of each month at 6:00 p.m., Pasadena City Hall,
100 N. Garfield Avenue, Room S245/S246 (Council Conference Room, 2nd Floor)

August 5, 2009

September 2, 2009

October 7, 2009

FINANCE COMMITTEE (Chair Chris Holden, Victor Gordo, Steve Haderlein,
Margaret McAustin)

Meets the second and fourth Monday of each month at 4:00 p.m., 100 N. Garfield Avenue,
Room S038 (City Hall Grand Conference Room, Basement)

August 10, 2009

August 24, 2009

September 7, 2009 (To be Cancelled)

LEGISLATIVE POLICY COMMITTEE (Chair Bill Bogaard, Steve Madison, Jacque Robinson)

Meets the third Wednesday of each month at 8:15 a.m., Pasadena City Hall,
100 N. Garfield Avenue, Room S245/S246 (Council Conference Room, 2nd Floor)

August 19, 2009 (To be Cancelled)

September 16, 2009

October 21, 2009

MUNICIPAL SERVICES COMMITTEE (Chair Margaret McAustin, Bill Bogaard, Terry Tornek)

Meets the fourth Tuesday of each month at 4:15 p.m., Pasadena City Hall,
100 N. Garfield Avenue, Room S245/S246 (Council Conference Room, 2nd Floor)

August 25, 2009

September 22, 2009

October 27, 2009

PUBLIC SAFETY COMMITTEE (Chair Steve Haderlein, Steve Madison, Margaret McAustin,
Jacque Robinson)

Meets the first Monday of each month at 4:15 p.m., Pasadena City Hall, 100 N. Garfield Avenue,
Room S038 (City Hall Grand Conference Room, Basement)

August 3, 2009 (To be Cancelled)

August 17, 2009 (Special Meeting at 4:15 p.m. Grand Conference Room, S038, City Hall,
Basement)

September 7, 2009 (To be Cancelled)


FUTURE COUNCIL MEETING DATES

August 10, 2009

August 17, 2009

August 24, 2009 (To be cancelled)

August 31, 2009 (To be cancelled)

September 7, 2009 (To be cancelled)

September 14, 2009

September 21, 2009

September 28, 2009 (To be cancelled)

October 5, 2009

October 12, 2009

October 19, 2009

October 26, 2009

November 2, 2009

November 9, 2009 (To be cancelled)

November 16, 2009

November 23, 2009

November 30, 2009 (To be cancelled)

FUTURE PUBLIC HEARINGS:

August 17, 2009, 7:30 p.m. - TEFRA Hearing and Resolution of the City Council of the City of
Pasadena Approving the Issuance of the California Statewide Communities Development Authority
Revenue Bonds (Polytechnic School), Series 2009, in an Aggregate Principal Amount Not to Exceed
 $25,000,000 for the Purpose of Financing the Acquisition, Construction, Improvement and Equipping
of Existing and New School Facilities and Certain Other Matters Relating Thereto

August 17, 2009, 7;30 p.m. - Application for Consolidated Design Review Regarding An Addition to,
and Substantial Alteration of, An Existing Building at 3160 East Del Mar Boulevard for Use As An
Urgent Care Facility

COMMISSION VACANCIES 438k