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THE RECAP REFLECTS A BRIEF SUMMARY OF THE COUNCIL ACTIONS, HOWEVER,
                                        IT DOES NOT REFLECT THE OFFICIAL ACTIONS OF THE COUNCIL WHICH WILL BE REFLECTED IN THE OFFICIAL MINUTES.        

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 AGENDA
CITY COUNCIL AND
THE SUCCESSOR AGENCY TO THE
PASADENA COMMUNITY DEVELOPMENT COMMISSION
SEPTEMBER 29, 2014 

Closed Session 5:30 P.M.
Public Meeting 6:30 P.M.
Public Hearings 7:00 P.M.
Council Chamber, Pasadena City Hall
100 North Garfield Avenue, Room S249 

A.        CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency Designated Representatives: Kristi Recchia and Michael J. Beck
Unrepresented Employees: Unrepresented Management-Executive, Management, and Non-Management employees 

ACTION:  DISCUSSED; NO REPORTABLE ACTION AT THIS TIME

B.        CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6
Agency Designated Representatives: Kristi Recchia and Michael J. Beck
Employee Organization: International Union of Operating Engineers (IUOE)    Local 501   

ACTION:  DISCUSSED; NO REPORTABLE ACTION AT THIS TIME

 

 

City Manager/Executive Director 

1.         AUTHORIZATION TO ENTER INTO A CONTRACT WITH SAN JOAQUIN CHEMICALS, INC., TO PROVIDE A WATER TREATMENT PROGRAM AND CHEMICALS FOR THE BROADWAY AND GLENARM POWER PLANTS            Recommendation:
(1)       Find that contracting with San Joaquin Chemicals, Inc. to provide a water treatment program and chemicals for the Broadway and Glenarm Power Plants is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15301, Existing Facilities; and
(2)       Authorize the City Manager to enter into a contract with San Joaquin Chemicals, Inc. to provide a water treatment program and chemicals for the Broadway and Glenarm Power Plants in an amount not-to-exceed $186,000 over a period of three years or until the funds have been expended; with two 2-year extensions, each for $124,000 subject to approval by the City Manager, for a total cost of $434,000. Each extension is for two years or until the $124,000 is expended, whichever occurs first. The proposed contract is exempt from competitive bidding pursuant to City Charter Article X Section 1002 (f) Contracts for professional or unique services and complies with Competitive Bidding and Purchasing Ordinance, Pasadena Municipal Code, Chapter 4.08 and the Living Wage Ordinance, Pasadena Municipal Code, Chapter 4.11. 

233k

ACTION:  APPROVED STAFF RECOMMENDATION

2.         FINANCE COMMITTEE: AUTHORIZATION TO INCREASE THE NOT TO EXCEED AMOUNT OF CONTRACT NO. 21,494 WITH CARING CHOICE, INC., AND CONTRACT NO. 21,495 WITH ENVOY HEALTH CARE FOR THE PROVISION OF HOMEMAKER AND CERTIFIED NURSING ASSISTANT SERVICES
Recommendation:  It is recommended that the City Council:
(1)       Find that the action proposed in the agenda report is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) as it will not have a potentially significant environmental effect and, therefore, falls under the “general rule” exemption;
(2)       Authorize the City Manager to increase the not to exceed amount of Contract No. 21,494 with Caring Choice, Inc., by $250,000 thereby bringing the total not to exceed amount to $450,000;
(3)       Authorize the City Manager to increase the not to exceed amount of Contract No. 21,495 with Envoy Health Care by $375,000 thereby increasing the not to exceed amount to $710,000; and
(4)        Appropriate $625,000 from the unappropriated Health Fund balance to the Health Department’s Fiscal Year 2015 Operating Budget AIDS Medi-Cal Waiver Program (Account No. 8114-203-563270) and Home-Based Case Management Program (Account No. 8114-203-563273) 

215k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

TPA 79k

ACTION:  APPROVED STAFF RECOMMENDATION

City Council 

3.         APPOINTMENT OF CHERYL HUBBARD TO THE SENIOR COMMISSION (Mayor Nomination/District 1) 

ACTION:  APPROVED

4.         APPOINTMENT OF ALAN LOOMIS TO THE DESIGN COMMISSION (Mayor Nomination/District 1) 

ACTION:  APPROVED

City Clerk/Secretary 

5.         RECEIVE AND FILE CLAIMS AGAINST THE CITY OF PASADENA          

12,253	Gwendolyn Gladhart	$10,000.00+
12,254	Carmen Durazo	2,000.00
12,255	Vasiliki Moutzouridis	2,345.67
12,256	Law Offices of Luis A. Carrillo, Attorney for Patrick Saavedra	Not Stated
12,257	Billy Ray Burton	25,000.00+
12,258	Maria Luz Palanca	Not Stated
12,259	Ingeborg Talbert	6,797.08
12,260	Ashley Brin	Not Stated

            ACTION:  RECEIVED AND FILED

6.         PUBLIC HEARING SET             

October 27, 2014, 7:00 p.m. – Amendments to the Pasadena Municipal Code (including Title 2 and  Title 17, the Zoning Code), to clarify review authority and procedures related to compliance with the California Environmental Quality Act

            ACTION:  PUBLIC HEARING SET

 7.        NEW TRANSPORTATION PERFORMANCE MEASURES TO BE USED FOR TRANSPORTATION IMPACT ANALYSIS AND THRESHOLDS OF SIGNIFICANCE UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Note to public: This item will not be considered at this time but will be continued to the meeting of October 27, 2014. 

ACTION:  CONTINUED ITEM TO OCTOBER 27, 2014

Economic Development and Technology Committee 

Finance Committee 

Legislative Policy Committee 

Municipal Services Committee 

8.        DIRECT CITY ATTORNEY TO PREPARE AMENDMENTS TO CHAPTERS 8.60 AND 8.61 OF THE PASADENA MUNICIPAL CODE; OPEN FRANCHISE SYSTEM TO COMPOSTING HAULERS; MAINTAIN THE CLOSED SYSTEM FOR SOLID WASTE AND CONSTRUCTION AND DEMOLITION HAULERS FOR ANOTHER THREE YEARS; AND PLACE ALL EXISTING FRANCHISEES ON FIVE-YEAR NOTICE TO GRANT EXCLUSIVE RIGHTS TO SOLID WASTE DISPOSAL AND PROPOSED NEW COMPOSTING HAULERS ONCE THE FIVE-YEAR NOTICE EXPIRES WITH THE EXCEPTION OF CONSTRUCTION AND DEMOLITION HAULERS     
Recommendation:
(1)        Find that the Non-Exclusive Solid Waste Collection Franchise System Ordinance is categorically exempt from the California Environmental Quality Act (CEQA). A Notice of Exemption has been filed with the Los Angeles County Clerk;
(2)        Direct the City Attorney to draft an amendment to Chapters 8.60 (“Solid Waste”) and 8.61 (“Solid Waste Collection Franchise System”) of the Pasadena Municipal Code (PMC) and return to the City Council within 90 days to open the Non-Exclusive Solid Waste Collection Franchise System to composting haulers and for other administrative changes per Attachment D of the agenda report;
(3)        Open Non-Exclusive Solid Waste Collection Franchise System to composting haulers for processing organic, yard waste, and other compostable  material to state approved/permitted composting facilities;
(4)        Retain the closed Non-Exclusive Solid Waste Collection Franchise System for solid waste haulers and construction and demolition (C&D) haulers and direct staff to report back in three years to City Council with the next review of authorized haulers to ensure competitive pricing and options for solid waste recycling and disposal; and
(5)        Direct the City Manager to officially place franchisees on notice of the City’s intent to consider the modification of the current Non-Exclusive Solid Waste Collection Franchise System at the time the 5-year notice expires pursuant to California Public Resource Code Section 49520, which allows local agencies to grant exclusive operating rights to solid waste disposal and proposed new composting haulers, with the exception of haulers that collect construction and demolition debris/material.
Municipal Services Committee Recommendation: 
On September 9, 2014, the Municipal Services Committee (MSC) unanimously recommended that the City Council approve the recommendations contained in this report and moved the item forward to the City Council for consideration. The Committee also requested that staff review the definition of organics contained in the report presented to the Committee in response to public comment at the meeting. 

583k

ATTACHMENTS A & B 1388k

ATTACHMENTS C & D 736k

ATTACHMENT E 1023k

ATTACHMENT F 1573k

CORRESPONDENCE 210k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE 89k

POWERPOINT PRESENTATION - PRESENTED AT MEETING

ACTION:  APPROVED STAFF RECOMMENDATION WITH FIVE-YEAR NOTICE NOT TO APPLY TO COMPOSTING AND C&D HAULERS, WITH DIRECTION TO STAFF TO DETERMINE IF ANY OBLIGATION EXISTS FOR THE CITY TO ACT IF THE SYSTEM OPENED AND TOO MANY HAULERS EXPRESS INTEREST TO JOIN, AND WITH STAFF TO GAGE INTEREST IN THE NUMBER OF NEW HAULERS WISHING TO JOIN THE SYSTEM SHOULD IT BE OPENED.

9.         APPROVE A PROJECT CONTINGENCY AMOUNT OF $2,500,000 FOR EXISTING CONTRACTS RELATED TO THE LOCAL GENERATION REPOWERING PROJECT – PHASE II (“CIP 3194”) AND AUTHORIZE THE CITY MANAGER TO AMEND AND/OR APPROVE CHANGE ORDERS FOR SUCH CONTRACTS IN AMOUNTS NOT TO EXCEED THE PROJECT CONTINGENCY AMOUNT; INCREASE THE BUDGET BY $5,000,000; APPROVE AN ADDITIONAL APPROPRIATION OF $10,000,000 TO CIP 3194 FOR FISCAL YEAR 2015 TO BE PROVIDED FROM A $5,000,000 APPROPRIATION FROM THE LIGHT AND POWER FUND BALANCE AND THE TRANSFER  OF $5,000,000 OF PREVIOUSLY APPROVED APPROPRIATIONS FROM VARIOUS LIGHT AND POWER FUND CAPITAL IMPROVEMENT PROJECTS TO CIP 3194
Recommendation:
(1)          Find that, on April 8, 2013, the City Council made findings pursuant to the California Environmental Quality Act (“CEQA”) and certified the Environmental Impact Report (“EIR”) for the Glenarm Repowering Project, adopted a Statement of Overriding Considerations, and approved the Repowering Project, and there are no changed circumstances or new information that would trigger further environmental review;
(2)          Approve a project contingency of $2,500,000 for the existing contracts listed in Table-1 of Exhibit -1 of the agenda report related to and approved for CIP 3194;
(3)          Authorize the City Manager to amend and/or approve change orders for existing contracts listed in Table -1 of Exhibit -1 of the agenda report related to CIP 3194 in an amount not to exceed $2,500,000;  
(4)          Approve an increase in the budget for the Local Generation Repowering Capital Project No. 3194 by $5,000,000 from $131,904,183 to $136,904,183. The increase will be financed by a planned Letter of Credit and subsequent bond issuance; and
(5)          Approve a journal voucher increasing the FY 2015 appropriations for the Local Generation Repowering Capital Project No. 3194 by $10,000,000 as follows:
              (a)   $5,000,000 from the Light and Power Fund Balance
              (b)   $5,000,000 by reducing existing appropriations as detailed in the agenda report.
Municipal Services Committee Recommendation:
On September 23, 2014, the Municipal Services Committee by majority vote, recommended that the City Council approve the staff recommendations. 

514k

POWERPOINT PRESENTATION - PRESENTED AT MEETING

ACTION:  APPROVED STAFF RECOMMENDATION WITH STAFF AND MUNICIPAL SERVICES COMMITTEE TO REPORT BACK TO THE CITY COUNCIL IN THE EVENT THE PROJECT EXPENDITURES BEGIN TO UTILIZE THE $4.2 MILLION UNDESIGNATED CONTINGENCY FUNDS

Public Safety Committee 

10.       PUBLIC HEARING: VILLA ESPERANZA MASTER PLAN – 2116 EAST VILLA STREET
Recommendation:
(1)       Adopt the findings in the draft Initial Environmental Study (Attachment F of the agenda report), that with the incorporation of mitigation measures, the Master Plan will have no significant or unavoidable impacts and adopt the Mitigated Negative Declaration;
(2)       Adopt by resolution the Specific Findings for a General Plan Amendment to change the land use designation of the site from Neighborhood Commercial and Medium Density Residential (0-16 dwelling units/net acre) to Institutional;
(3)       Direct the City Attorney to draft an ordinance within 60 days consistent with the provisions set forth herein, amending the zoning of the consolidated building site from Commercial Limited (CL) and Multi-family Residential – 16 (RM-16) to Public and Semi-Public (PS) zoning;
(4)       Adopt by resolution the Specific Findings for the approval of the Villa Esperanza Master Plan acknowledging that the Master Plan, as conditioned, is consistent with the General Plan and Zoning Ordinance; and
(5)       Approve the Private Tree Removal Permit, acknowledging that the replacement tree canopy is sustainable over the long term by adhering to the adopted replacement matrix.
Planning Commission Recommendation:
On August 13, 2014, the Planning Commission voted unanimously to recommend approval of the Master Plan to the City Council. The Commission discussed the duration of construction activities, the scale of the two-story administrative/parking structure in relation to adjacent buildings, parking, traffic impacts, and the compatibility of school use with adjacent single-family uses. The Commission requested a block wall be constructed along the property line separating school uses from residential uses.
Design Commission Recommendation:
On May 27, 2014, the Design Commission voted unanimously to recommend approval of the Master Plan to the Planning Commission. The Commission determined that the project is generally consistent with the Citywide Design Principles and the Design Guidelines for Neighborhood Commercial and Multi-family Residential Districts and that further fine tuning of the design will resolve any minor architectural contextual issues that remain. Based on the existing design review thresholds in the Zoning Code, each of the new buildings on the campus will require design review by the Planning Director, subject to be called up by the Design Commission. 

444k

RESOLUTION AMENDING LAND USE DIAGRAM 459k

RESOLUTION APPROVING MASTER PLAN 296k
       EXHIBIT A TO RESOLUTION 4587k

ATTACHMENTS A thru E 1405k

ATTACHMENT F Part 1 2381k
ATTACHMENT F Part 2 3038k
ATTACHMENT F Part 3 2123k

CORRESPONDENCE 87k

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE 43k

POWERPOINT PRESENTATION - PRESENTED AT MEETING

ACTION:  APPROVED STAFF RECOMMENDATION

11.       PUBLIC HEARING: DETERMINE A WATER SUPPLY SHORTAGE EXISTS, ESTABLISH A 20% CONSERVATION TARGET AND IMPLEMENT LEVEL 1 WATER SUPPLY SHORTAGE MEASURES AS DESCRIBED IN PASADENA MUNICIPAL CODE (“PMC”) SECTION 13.10.040
Recommendation:  It is recommended that the City Council, following a public hearing, reaffirm the action taken on July 28, 2014:
(1)       Find that the determination of a water supply shortage and implementation of Level 1 Water Supply Shortage water conservation measures are categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for the Protection of Natural Resources);
(2)       Determine that a water supply shortage exists pursuant to PMC 13.10.035;
(3)       Determine that a water conservation target of 20% is necessary;
(4)       Determine that the Level 1 Water Supply Shortage (PMC 13.10.040) water conservation measures are appropriate to address the water shortage; and
(5)       Adopt implementation of the Level 1 Water Supply Shortage measures by way of public proclamation (Attachment A of the July 28, 2014 agenda report).
Municipal Services Committee Recommendation: On July 22, 2014, the Municipal Services Committee (“MSC”) unanimously moved to recommend the City Council adopt staff’s recommendations, with the additional clarification that the year 2013 be established as the baseline for the 20% water conservation target. 

126k

PROCLAMATION 96k

REPORT OF JULY 28, 2014 1591k

ACTION:  APPROVED STAFF RECOMMENDATION

City Manager 

12.      SUPPORT FOR PROPOSITION 1: THE WATER QUALITY, SUPPLY, AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014
Recommendation:
(1)  Find that the action proposed in the agenda report is exempt from the California Environmental Quality Act pursuant to state CEQA Guidelines Sections 15061(b)(3) (general rule); and
(2)  Support Proposition 1 – The Water Quality, Supply, and Infrastructure Improvement Act of 2014 set for the November 2014 ballot.  

194k

ACTION:  APPROVED STAFF RECOMMENDATION

City Council 

First Reading:   

13.       Conduct first reading of “AN ORDINANCE OF THE CITY OF PASADENA AMENDING SECTIONS 10.48.010 AND 10.48.030 OF THE PASADENA MUNICIPAL CODE REGARDING SPEED LIMITS IN THE CITY OF PASADENA” 

68k

ORDINANCE 421k

ACTION:  OFFERED BY COUNCILMEMBER MCAUSTIN; CONDUCTED FIRST READING

14.       Conduct first reading of “AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLES 3 AND 4 OF THE PASADENA MUNICIPAL CODE TO UPDATE THE LIST OF PARKS AND OPEN SPACE AREAS ON WHICH RESIDENTIAL IMPACT FEES MAY BE EXPENDED (DESIDERIO NEIGHBORHOOD PARK)” 

69k

ORDINANCE 106k

ACTION:  OFFERED BY COUNCILMEMBER MADISON; CONDUCTED FIRST READING

Second Reading:  None 

15.       WORKSHOP SESSION PROVIDING AN UPDATE ON CITY WATER ISSUES
Recommendation: The agenda report is for information only. No City Council action is required. 

73k

POWERPOINT PRESENTATION - PRESENTED AT MEETING

ACTION:  PRESENTATION MADE AND INFORMATION RECEIVED